The URL can be used to link to this page

Home My WebLink AboutRES 392 Draft 01 2012-2014 Y OF COUNTY OF HAWAII STATE OF HAWAII ,T�'Gi•M'� RESOLUTION NO. 39? 14 RESOLUTION AUTHORIZING THE EXCHANGE OF ROAD RESERVE A, TAX MAP KEY NO. (3) 9-6-008-061. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, South Road located in Wood Valley, Pahala in the District of Ka`u, County and State of Hawaii is a County road occupying approximately 11,902 sq. ft. that bisects parcel Tax Map Key No. (3) 9-6-008-002 and is owned by Benko/Capone; and WHEREAS, on January 9, 1981 the State of Hawaii conveyed an approximately 12,009 sq. ft. parcel known as Road Reserve A, Tax Map Key No. (3) 9-6-008-061, to the County of Hawaii via Land Patent No. S-15,539 as an offsetting exchange for the County to use to remedy its road encroaching on parcel Tax Map Key No. (3) 9-6-008-002; and WHEREAS, this planned exchange has yet to occur; and WHEREAS, on January 29, 2008, Imata& Associates received approval for Sub 07-000684 Consolidation and Re-Subdivision plans for parcels adjacent to Road Reserve A; and WHEREAS, these approved Consolidation and Re-Subdivision maps contained a survey error which misaligned the map by erroneously placing approximately 20 square feet of County roadway into parcel Tax Map Key No. (3) 9-6-008-006, Lot 4-13-1. Attached hereto as Exhibit"A" is a copy of the Consolidation/Resubdivision Map; and WHEREAS, on February 19, 2008, Imata& Associates through then owner Robert Romer contacted the County requesting that a 882 sq. ft. triangular portion (Road Lot A-2) of Road Reserve A be conveyed to him due to his encroachment onto the County's Road Reserve; and WHEREAS, the present owner of Tax Map Key No. (3) 9-6-008-006 Borman dba Mamaki Tea, Inc., and the present owner of Tax Map Key No. (3) 9-6-008-002 Benko/Capone are agreeable to a global resolution by multiple conveyances and a single Consolidation and Re- Subdivision for the following issues stated below. Attached hereto as Exhibit"B" is a subdivision map showing the consolidation and re-subdivision that resolves all issues. 1. County to exchange Road Reserve A (approximately 12,909 sq. ft.), minus a 882 sq. ft. portion, to Benko/Capone for the South Road (approximately 11,902 sq. ft.) to resolve the County's encroachment onto Benko/Capone's parcel. 2. County to exchange an 882 sq. ft. portion of Road Reserve A to Borman dba Mamaki Tea, Inc., to resolve Borman dba Mamaki Tea Inc.'s encroachment onto Road Reserve A. 3. Realignment of the boundary lines removing the approximately 20 sq. ft. portion of the County's South Road from Borman/Mamaki Tea Inc.'s parcel by exchange conveyance as noted in paragraph 2 above. This includes further right of way totaling 127 sq. ft.; and WHEREAS, all costs of survey will be borne by Borman/Mamaki Tea, Inc.; and WHEREAS, the County of Hawaii departments and agencies have no plans for Road Reserve A and have given their approval of these exchanges; and WHEREAS, Section 2-115 of the Hawaii County Code authorizes the exchange of parcel without appraisal or auction; and WHEREAS, the above cited abandonments and exchanges are in the best interest of the County and are agreed to by the two private parties; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in accordance with Section 2-115 of the Hawaii County Code, the County of Hawaii accepts the following exchanges and transfers of lands: 1. County to exchange an approximately 12,909 sq. ft. portion of Road Reserve A TMK No. (3) 9-6-008-061, minus an 882 sq. ft. portion, to Benko/Capone and accept from Benko/Capone an approximately 11,902 sq. ft. portion of parcel TMK No. (3) 9-6-008-002 known as South Road to resolve the County's encroachment onto Benko/Capone's parcel. 2 2. County to abandon an 882 sq. ft. remainder portion of Road Reserve, TMK No. (3) 9-6- 008-061 to Borman dba Mamaki Tea, Inc., to resolve Borman dba Mamaki Tea Inc.'s encroachment onto Road Reserve A. 3. County to accept from Borman/Mamaki Tea Inc., an approximately 127 sq. ft. portion of TMK No. (3) 9-6-008-006 in exchange for the conveyance noted in paragraph 2 above to realign South Road. BE IT FURTHER RESOLVED that all costs of survey will be borne by Borman/Mamaki Tea, Inc. BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to: (1) Mayor William P. Kenoi; (2) Director of Public Works Warren H.W. Lee; (3) Director of Finance Nancy Crawford; (4) Deputy Corporation Counsel Craig T. Masuda; (5) Timothy A. Benko and Mary R. Capone, 5836 Park Lane Road, Longmont, Colorado 80503; and (6) Curt Borman dba Mamaki Tea Inc., 151 Borman Road, Longview, Texas 75605. Dated at-- Hilo , Hawaii, this 13th day of May , 2014. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI''I COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii EOFF X FORD X I hereby certify that the foregoing RESOLUTION was by ILAGAN X the vote indicated to the right hereof adopted by the COUNCIL,of the KANUHA County of Hawaii on May 13, 201.4 _ X KERN X ONISHI X ATTEST: POINDEXTER X WILLE YOSHIMOTO _-t- X Reference:_ C-829/FC-166 COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. �� 1.4 2 • � 8 �. d 69} c >:SmE Yt� oaL Rx 158.99 a. y 1� 3 ayx `t o 3i F°np E 1]6•.9'�191.l9 d y p m s-eeSSSVN ) w.ax yyry•ly Ey Nr �i ry 1.� `•J \ ��N Food yo� yt� .g NO n .T 8.Eost sd / yyry. m Y Y N .luy m F ( So u a=-O C o'ga -0a C O C I o�•� •o n .O 00 O Q J O(D t/l 10 om €€ w ±� C O C Ov.� 0 r ———— "O N O N a st ry M1/ r q •41 CO p N O O O w E° �,ya •� ; dc QY C yyry• a zQ '� N =8 C y � a •— a"a cr``• \ j O 2 W 1 0 5 „eojd 'a. 3 O Q t0 N N 0 0 o ml < tp 0> O O V = O C CO o .0 `oM Y 0 1 0 0 C J� p 0w My O Y m I C >a O o•`? y-s U _ -t O —.0 Ile o GM d O'o i o a --0 ro` J OY o .O q 3= er C le N f ra m H O L m� C U O C U Q CL VM=N c .Ni v 3 � .rul t.• e.s4 S tl Ti S � y � g E")MIJIBIT A q m �O m lZ 4i S 3 4 eQZNUQN^UgmQn WNb J O �pR 2R'CQV� 6n° ov - �'E� c i7EC,A" ,a+ o �-�os�`8,8�,M 'inn QJ'k CS2 U'a' I gU0?:i O �� .. _Y' 'o8 l 5 CEO o�d� '✓�� "�' 0 8 U �gti�OU�Z C27 IU,0.a�00JV �U �orn c �o°c 'A'i'o`.� o13o m m m000.Uma4�ON2 x �°4-O Ev'��o to �2 Qti7 CQU4� g ..=n.a° N� �E rNi aoovvi.a a a. rn a° t SY •„ Eq a 35645'39 35646 ,_ 51.95 �n�'. ryn Z. Ci / pu 150.11 y'i• � 35645'59' / .Ae s56r N�-'o o �c'•` • :1,1731.7.83 R ¢$. v •2x �� ro W 17546'--15046 -2o 551 Y s SI''llo s A. m' t �� a m rn \ N oa �o LX o � w { Shoo u l � .go g ,OV ..v'i W-s ; °w N12fON 3n?Jl � Y� N EXHIBIT B