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COUNTY OF HAWAII
<br /> AFFIDAVIT OF PUBLICATION NATE OF HAWAII
<br /> RESOLUTION NO.741- 0
<br /> IN THE MATTER OF } A RESOLUTION AUTHORIZING THE ACQUISITION OF
<br /> PUBLIC NOTICE-RESOLUTION NO.741-20PRIVATE PROPERTY BY EMINENT DOMAIN OF
<br /> }
<br /> PORTION 4F TAX MAP KEY NUMBER(3)4- -042:0151
<br /> } SITUATED AT PUNALU'U-PA` U`AU, DISTRICT OF `U,
<br /> COUNTY AND STATE OF HAWAII, FOR THE PAHALA
<br /> }
<br /> WASTEWATER TREATMENT PLANT.
<br /> }
<br /> WHEREAS, the Trustees of the Estate of Bernice
<br /> } Pauahi Bishop are the fee simple owners of real
<br /> property situatedat Punalu`u-Pa'au'au,District of Ka`u,
<br /> } County and State of Hawaii,identified as'Tax Map Key
<br /> Number(3)9-6-002:016(the"Property");and
<br /> STATE OF HAWAII } WHEREAS, the County of Hawaii ("County"), in
<br /> order to comply with United States Environmental
<br /> }SS. Protection Agency regulation 40 C.R.F. § 144.86,
<br /> City and County of Honolulu
<br /> } which requires the elimination of large capacity gang
<br /> cesspools("LCCs"),seeks to acquire a portion of the
<br /> Property for the construction of a wastewater treatment
<br /> t tthe"Project")to replace existing LCCs in,and
<br /> OCT 0 solve and address the heeds, of, the Pahala
<br /> Doc. Date:
<br /> # Pages: 1 �mrmn�and .
<br /> WHEREAS,the Project will require the acquisition
<br /> Nota Name:COLLEEN E.SORANAKA First Judicial Circuit by the,County of a portion of the Property containing
<br /> 14.9 acres, more or less, as shown on Exhibit "A"
<br /> Doc. Description: Affidavit of
<br /> attached hereto and made a part hereof ("Project
<br /> ��� � '�� ;��`'i f Site"), anis together 'with temporary use of any
<br /> adjacent lands necessary for construction purposes,
<br /> Publication 7
<br /> inclining but not limited to temporary easements for
<br /> ' construction and operations,and storage and disposal
<br /> N OTAR
<br /> y = areas;and
<br /> U B L I C 4 WHEREAS,the Project has been determined b
<br /> CT 2020a y the
<br /> County as providing a public use and purpose''.which
<br /> R benefits County;ts the C °and
<br /> A� o. 00-263 ® ,
<br /> Notary Signature Date9�4� m° WHEREAS,it is necessary for the County to acquire
<br /> °•° the Project Site and invoke its condemnation powers to
<br /> ��� ''°° ••...° •@ •� complete the Project;and
<br /> WHEREAS,.Section 101-13 of the Hawal'i Revised
<br /> ° V,y, Statutes requires that a condemnation action by the
<br /> Lisa Sakakida being duly sworn,deposes and says that she is a clerk,duly auth rued County must be authorized by a resolution of the
<br /> to execute this affidavit of Oahu Publications,Inc.publisher of The Honolulu County Council;now,therefore,
<br /> BE IT RESOLVED BY THE COUNCIL OF THE COU
<br /> Star-Advertiser,Midweek,The Garden Island,West Hawaii Today,and Hawaii j OF HAWAII that it is necessary for the public use and
<br /> Tribune-Herald,that said newspapers are newspapers of general circulation in the State purpose for the benefit of the'County, to wit:
<br /> construction of a wastewater treatment plant to 1
<br /> of Hawaii,and that the attached notice is true notice as was published in the replace existing LCCs in,and serve and address the
<br /> needs of,the Pahala community,to take,acquire,and
<br /> condemn the Project Site,wiich is that,portion of the
<br /> Honolulu Star-Advertiser 0 times on: Property identified as Tax Map Key Number(3)9-6
<br /> 002:018,containing an area of 14.4 acmes, more or
<br /> less,situated at Punalu`u-Pa`au'au in the District of
<br /> Midweek 0 times on: §a��'flsland and County and State of Hawaii,as more
<br /> specifically shown on the attached Exhibit"A."
<br /> BE IT FURTHER RESOLVED BY THE COUNCIL. OF
<br /> THE COUNTY OF HAWAI`l that the Corporation Counsel
<br /> The Garden Island 0 times on: of the County be and, is hereby,authorized and
<br /> empowered to initiate proceedings in eminent domain,
<br /> as provided by law, for'the taking, acquisition and
<br /> condemnation of the Project Site.
<br /> Hawaii Tribune-Herald 0 times on: BE IT FURTHER RESOLVED BY THE COUNCIL OF
<br /> THEICOUNTY OF HAWAI`l that in,the process of said
<br /> proceedings in eminent domain, the Corporation
<br /> Counsel be and is hereby authorized and empowered
<br /> West Hawaii Today 1 times on: to negotiate terms'of settlement.in accordance With
<br /> the approval of the Court before which such
<br /> 10/16/2020 proceedings are prosecuted.
<br /> BE IT FINALLY RESOLVED that this resolution shall
<br /> Other Publications: 0 times on: take effect upon adoption thereof, and the County
<br /> Clerk shall transmit copies of this resolution to the
<br /> Mayors Office; Department of Environmental
<br /> And that affiant is not a party to or in any way interested in the above entitled matter. Management; Office of the Corporation Counsel;
<br /> Department of Finance; Trustees of the Estate of
<br /> Bernice Pauahi Bishop, Community Engagement &
<br /> Resources, Land Asset Manager; and any identified
<br /> Lisa Sakakida tenants or occupants of the Project Site.
<br /> Introduced by:
<br /> d sw before me this 10ha of OdVkCr A.D.20 D MAILE MEDEIROS DAVID
<br /> S ed to anY Council Member
<br /> I HEREBY CERTIFY that the foregoing resolution was
<br /> ° duly passed on first reading by the Council of the
<br /> Colleen E.Soranaka,Notary Public of the First Judicial Circuit tatgI �®°�°� County of Hawaii at its meeting held on October 7,
<br /> My commission expires:Jan 06 2024 .� -'•.°°` °°• IAS =� 2020,by the fallowing Aye/No/Absent/Excused vote:
<br /> 7 F
<br /> NOTARY AYES: Council Members David,Eoff,
<br /> Ad# 0001298994 Q : PUBLIC �� � I CSP NO. Kaneali`i-Kleinfelder,Kierkiewicz,
<br /> Lee Loy,Poindexter,Richards,
<br /> Villegas,and Chair Chung-9.
<br /> ® No. 90-263 NOES: None.
<br /> •
<br /> ABSENT: None.
<br /> EXCUSED: None.
<br /> 1 � (Note: Ms. Kiierkiewicz and Ms. Lee Lo voted
<br /> "kanalua"then"aye.") y
<br /> County Clerk
<br /> County of Hawai'"i
<br /> Hawaii'County is an Equal Opportunity Provider and
<br /> Employer
<br /> (WHT1298994 10/16/20)
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