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Home My WebLink AboutRES 321 Draft 01 2010-2012COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. ''`'1' 12 RESOLUTION ACCEPTING THE DONATION OF LOTS 59 -A -2 AND 59 -A -3 SITUATED AT KALOPA, DISTRICT OF HAMAKUA, COUNTY AND STATE OF HAWAII, BEING TAX MAP KEY: (3)4 -4- 008:142 (POR.), FROM ALFRED F. NIBECKER, JR. AND SANDRA J. NIBECKER, AS CO- TRUSTEES UNDER THAT CERTAIN NIBECKER FAMILY TRUST, DATED MARCH 14, 2000 BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, Alfred F. Nibecker, Jr. and Sandra J. Nibecker, Co- Trustees under that certain Nibecker Family Trust, dated March 14, 2000, hereinafter referred to as "Nibecker ", are the owners of Lots 59 -A -2 and 59 -A -3, situated at Kalopa, District of Hamakua, County and State of Hawaii, identified as Tax Map Key: (3) 4- 4- 008:142 (por.), consisting of approximately 295 square feet and 198 square feet, respectively, delineated on Exhibit "1" attached hereto and hereinafter collectively referred to as "Parcel "; and WHEREAS, it was recently discovered by the Nibeckers that the County owned paved roadway encroaches upon the Parcel; and WHEREAS, the Department of Public Works conducted a survey and confirmed the encroachment; and WHEREAS, the Nibeckers wish to donate the Parcel to the County of Hawaii to remedy the encroachment for public purpose; and WHEREAS, such donations have been approved by the Planning Department, Department of Public Works, Department of Water Supply, Department of Environmental Management, and the Real Property Tax Division; and WHEREAS, Article XIII, Section 13 -12 of the Hawaii County Charter provides that the Council, on behalf of the County of Hawai`i, may accept gifts or donations of real property; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that in accordance with Article XIII, Section 13 -12 of the Hawaii County Charter, the County of Hawai`i accepts the donation of Lots 59 -A -2 and 59 -A -3, situated at Kalopa, District of Hamakua, County and State of Hawai`i, identified as Tax Map Key: (3) 4- 4- 008:142 (por.), consisting of approximately 295 square feet and 198 square feet, respectively, delineated on Exhibit "1" attached hereto from Alfred F. Nibecker, Jr. and Sandra J. Nibecker, Co- Trustees under that certain Nibecker Family Trust, dated March 14, 2000, said donation is to remedy the encroachment of the County paved road onto their Parcel for public purpose. BE IT FURTHER RESOLVED that a letter of appreciation and a copy of this resolution be sent to Alfred F. Nibecker and Sandra J. Nibecker, P. O. Box 682, Honoka`a, Hawai`i 96727, acknowledging this generous donation. BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to: (1) Mayor William P. Kenoi; (2) the Department of Public Works; (3) Department of Finance; and (3) Office of the Corporation Counsel. Dated at Kona , Hawai`i, this 19th day of December , 2012. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawai`i Hilo, Hawai`i I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on December 19, 2012 ATTEST: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER 2 ROLL CALL VOTE Reference: C- 903 /FC -274 RESOLUTION NO. 321 12 AYES NOES ABS EX EOFF X FORD X ILAGAN X KANUHA X KERN X ONISHI X POINDEXTER X WILLE X YOSHIMOTO X 9 0 0 0 Reference: C- 903 /FC -274 RESOLUTION NO. 321 12 702.23 S. 4551.79 W. 'KAUWIAl% /': Qq ' oti ■ LOT ' 295 Sq. (n or 0.007 A 21ca. 0' 1 ' 2, / 1ri L`o•� / \$� / / U 10 Ft. Wide Future Road Widening Setback INSET Scale: 1 in. =40ft LOT 59 —A -2 r (See Inset) _ Grant Lot 45 —A Charles, Betty, Todd & Manuel Jr. Nobriga (Owners) 7889 to 0 6p •T 59 —A -3 1 • : Sq�Ft. or 1 105 Ac. W 562.59 S. 05.59 W. I e® e// / 89.67 32! �\ ■ 10 Ft. Wide Future Rood Widening Setback INSET Scale: 1 in. =40ft M.J. 148, J o' Ff � �ye � f0� \ / / N I o' / N Lot 57 —A -1 Onno Victor & Catherine Felsburg —Vari t Hof (Owners) NOTES: 1. Owner of Lot 59—k Nibecker Family Trust P.O. Bqx 682 Honoka a, Hawori 96727 2. Lots 59 —A -2 and 59 —A -3 for addition to Upper Kalopa Road Right —of Way 0 0 0 00 2 c N CO 0 Nobriga xos LOT 59 —A -3 (See Inset) LOT 59 —A -1 3.260 Ac. Lot 45 —B Ronald A. & Shirley A. Serrao (Owners) 682.53 S. 3970.53 W. •KALANW°. 215' 00' --- 404.43 Lot 59 —B Thomas Vincent & Jane R. Keelan (Owners) 100 _50 0 ENGINEERING OMSION DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII SUBDIVISION OF LOT 59 —A Being a Portion of Grant 8325 to John De Gouvelo INTO LOTS 59 —A -1 59 —A -2 AND 59 —A -3 Kalopa Homesteads, Hamakua, Island of Hawaii, Hawaii Submitted By Date Division Chief Approved By: Data Director FEET 100 200 GRAPHIC SCALE This work woo perfortn.d by me or der my supervision 4/30/14 Expiration aet. of the License Tax Mop Key. (3rd Div.) 4- 4- 06:142 EXHIBIT "1"