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COUNTY OF HAWAII
<br /> STATE OF HAWAII
<br /> RESOLUTION N0.741-20
<br /> AFFIDAVIT OF PUBLICATION
<br /> A RESOLUTION AUTHORIZING THE ACQUISITION OF
<br /> IN THE MATTER OF PRIVATE PROPERTY, BY EMINENT DOMAIN OF A
<br /> PORTION OF TAX MAP KEY NUMBER�3)9-6-002:018Y
<br /> PUBLIC NOTICE RESOLUTION NO.741-20 SITUATED AT PUNALUU-PA'AU'AU, DISTRICT OF KAU,
<br /> COUNTY AND STATE OF HAWAII, FOR THE PAHALA
<br /> WASTEWATER TREATMENT PLANT.
<br /> WHEREAS, the Trustees of the Estate of Bernice
<br /> Pauahi Bishop are the fee simple owners of real
<br /> property situated at Punalu'u-palauau,District of Kau,
<br /> County and State of Hawaii,identified as Tax Map Key
<br /> Number(3j'9- -002:418(the"Property");and
<br /> WHEREAS, the County of Hawai'i ("County"), in
<br /> STATE OF HAWAII[ order to comply with United States Environmental
<br /> Protection Agency regulation 40 C.R.F. § 144.88,
<br /> Ss. which requires the elimination of,large capacity gang
<br /> City and County of Honolulu cesspools("LCCs"),seeks to acquire a portion of the
<br /> Property for the construction of a wastewater treatment
<br /> plant(the"Project")to replace existing LCCs in,and
<br /> serve and address the -needs of,, the Pahala
<br /> OCT 1 6 2020 community;and
<br /> Doc. Date: #Pages: 1 WHEREAS,the Project will require the acquisition
<br /> by the County of a portion of the Property containing
<br /> Notary Name:COLLEEN E.SORANAKA First Judicial Circuit 14.9 acres, more or less, as shown on Exhibit "A"
<br /> attached hereto and made a part hereof ("Project
<br /> use of any
<br /> IS Site") and together with temporary
<br /> lands necessary for construction purposesy
<br /> DOC. Description: Affidavit of C�) adjac
<br /> including but not limited to temporary easements for
<br /> <
<br /> Publication construction and operations,and storage and nd disposal
<br /> N
<br /> are
<br /> Aap-
<br /> OTARY as;and
<br /> 7 WHEREAS,the Project has been determined by the
<br /> PUBLIC County as providing a public use and purpose which
<br /> OCT 16 ^10^0 F-10 benefits the County;and
<br /> WHEREAS,it is necessary for the County to acquire
<br /> NotaryNo. 90-263 -Z its condemnation powerNotarySignature Date the Project Site and invoke
<br /> complete the Project;and
<br /> • WHEREAS,Section 101-13 of the Hawaii Revised
<br /> 1pe ion by the
<br /> Statutes requires that a condemnation action
<br /> C7
<br /> 'i " County must be authorized by a resolution of the
<br /> Lisa Sakakida being duly sworn,deposes and says that she is a clerk,duly afdtht�ized County Council;now,therefore, COUNTY
<br /> to execute this affidavit of Oahu Publications,,Inc.publisher of The Honolulu BE IT RESOLVED BY THE COUNCIL OF THE
<br /> OF HAWAII that it is necessary forthe public use and
<br /> Star-Advertiser,MidWeek,The Garden Island,West Hawaii Today,and Hawaii wit.
<br /> purpose for the benefit of the County, to -
<br /> construction of a wastewater treatment,plant to i
<br /> Tribune-Herald,that said newspapers are newspapers of general circulation in the State
<br /> replace existing LCCs in,and serve and address the
<br /> of Hawaii,and that the attached notice is true notice as was published in the needs of,the Pahala communityy,to take,acquire,and
<br /> condemn the Project Site,which is that portion ofthe
<br /> Honolulu Star-Advertiser 0 times on: Property identified as Tax Map Key Number(3)9-6-
<br /> 002:018,containing an area of 14.9 acres, more or
<br /> less,situated at Punaluu-Pa'au'au in the District of
<br /> Ka'u,Island and County and State of Hawaii,as more
<br /> 0 times on:
<br /> specifically shown on the attached Exhibit"A."
<br /> MidWeek BE IT FURTHER RESOLVED BY THE COUNCIL OF
<br /> THE COUNTY OF HAWAI'l that the Corporation Counsel
<br /> of the County be and is hereby authorized and
<br /> The Garden Island 0 times on: empowered to initiate proceedings in eminent domain,
<br /> as provided by law, for the taking,.acquisition and
<br /> condemnation of the Project Site.
<br /> BE IT FURTHER RESOLVED BY THE COUNCIL OF
<br /> Hawaii Tribune-Herald 1 times on: THE COUNTY OF HAWAII that in the process of said
<br /> proceedings in eminent domain, the Corporation
<br /> 10116/2020 Counsel be rand is hereby authorized and empowered
<br /> to negotiate terms of settlement in accordance with
<br /> West Hawaii Today 0 times on: the approval of the Court before which such
<br /> proceedings are prosecuted.
<br /> BE IT FINALLY RESOLVED that this resolution shall'
<br /> take effect upon adoption thereof, and the County
<br /> Other Publications: 0 times on: Clerk shall transmit copies of this resolution to the
<br /> Mayor's Office; Department of 'Environmental
<br /> Management; Office of the Corporation Counsel;
<br /> And that affiant is not a party to or in any way interested in the above entitled matter. Department of Finance; Trustees of the Estate of
<br /> Bernice Pauahi Bishop, Community Engagement &
<br /> Resources, Land Asset Manager and any identified
<br /> tenants or occupants of the Project Site.
<br /> Lisa Sakakida Introduced by:
<br /> MAILE MEDEIROS DAVID
<br /> QaJ1h.1Lf1.ribed to and sworn before me this I'Aday of A.D.20 20 Council Member
<br /> I HEREBY CERTIFY that the foregoing resolution was
<br /> 4a v duly passed on first reading by the Council of the
<br /> County of Hawaii at its meeting held on October 7,
<br /> -vote:
<br /> Colleen E.Soranaka,Notary Public of the First Judicial Circuit,State-� all.. 2020,by the following Aye/No/Absent/Excuse.d
<br /> My commission expires:Jan 06 2024
<br /> AYES: Council Members David,_Eoffy
<br /> I C)TA R Y Kaneali'!-Kleinfelder,Kierkiewicz,
<br /> .
<br /> Ad# 0001298930 P UB L I C', 7 I C S P NO.: Lee Loy,Poindexter,Richards,
<br /> Villegas,and Chair Chung-9.
<br /> NOES: None.
<br /> No. 90-263 ABSENT: None.
<br /> EXCUSED: None.
<br /> (Note: Ms. Kierkiewicz and Ms. Lee Loy voted
<br /> fJ "kanalua"then aye.
<br /> County Clerk
<br /> County of Hawai'i
<br /> Hawai'i County is an Equal Opportunity Provider and
<br /> Employer
<br /> (HTH1298930 10/16/20)
<br />
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