DIG Eminent Domain RES 741-20 2018-2020

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COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 741-20 A RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN OF A PORTION OF TAX MAP KEY NUMBER(3) 9-6-002:018, SITUATED AT PUNALU'U-PA'AU'AU, DISTRICT OF KA`U, COUNTY AND STATE OF HAWAII, FOR THE PAHALA WASTEWATER TREATMENT PLANT. WHEREAS, the Trustees of the Estate of Bernice Pauahi Bishop are the fee simple owners of real property situated at Punalu`u-Pa`au`au, District of Ka`u, County and State of Hawai`i, identified as Tax Map Key Number (3) 9-6-002:018 (the "Property"); and WHEREAS, the County of Hawai`i ("County"), in order to comply with United States Environmental Protection Agency regulation 40 C.R.F. § 144.88, which requires the elimination of large capacity gang cesspools ("LCCs"), seeks to acquire a portion of the Property for the construction of a wastewater treatment plant (the "Project") to replace existing LCCs in, and serve and address the needs of, the Pahala community; and WHEREAS, the Project will require the acquisition by the County of a portion of the Property containing 14.9 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof("Project Site"), and together with temporary use of any adjacent lands necessary for construction purposes, including but not limited to temporary easements for construction and operations, and storage and disposal areas; and WHEREAS, the Project has been determined by the County as providing a public use and purpose which benefits the County; and WHEREAS, it is necessary for the County to acquire the Project Site and invoke its condemnation powers to complete the Project; and WHEREAS, Section 101-13 of the Hawai`i Revised Statutes requires that a condemnation action by the County must be authorized by a resolution of the County Council; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is necessary for the public use and purpose for the benefit of the County, to wit: construction of a wastewater treatment plant to replace existing LCCs in, and serve and address the needs of, the Pahala community, to take, acquire, and condemn the Project Site, which is that portion of the Property identified as Tax Map Key Number (3) 9-6-002:018, containing an area of 14.9 acres, more or less, situated at Punalu`u-Pa`au`au in the District of Ka`u, Island and County and State of Hawai`i, as more specifically shown on the attached Exhibit "A." BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Corporation Counsel of the County be and is hereby authorized and empowered to initiate proceedings in eminent domain, as provided by law, for the taking, acquisition and condemnation of the Project Site. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in the process of said proceedings in eminent domain, the Corporation Counsel be and is hereby authorized and empowered to negotiate terms of settlement in accordance with the approval of the Court before which such proceedings are prosecuted. BE IT FINALLY RESOLVED that this resolution shall take effect upon adoption thereof, and the County Clerk shall transmit copies of this resolution to the Mayor's Office;