DIG Eminent Domain RES 732-20 2018-2020

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(3) 2-7-004-118, to maintain the easement in a condition suitable for pedestrian travel; liability and any restrictions in relation to the easement that traverses Tax Map Key (3) 2-7-027-065 and Tax Map Key (3) 2-7-004-118 will be allocated as provided by law. BE IT FURTHER RESOLVED that the Corporation Counsel of the County of Hawai`i 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 aforesaid private property. BE IT FURTHER RESOLVED 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, subject to the approval of the court before which such proceedings are prosecuted. BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to initiate any funding mechanisms required for the acquisition of said public access easements. BE IT FURTHER RESOLVED that the Clerk of the County of Hawai`i is directed to transmit copies of this resolution to: (1) the property owners of Tax Map Key (3) 2-7-027-065 and Tax Map Key (3) 2-7-004-118, to wit: Papaikou Landing, Inc., c/o James Waugh, P.O. Box 4697, Station C, Calgary, Alberta, Canada; (2) the Honorable Harry Kim, Mayor; (3) David Yamamoto, Director of the Department of Public Works; (4) Deanna Sako, Director of the Department of Finance; and (5) Joseph K. Kamelamela, Corporation Counsel. Introduced by: VALERIE T. POINDEXTER Council Member I HEREBY CERTIFY that the foregoing resolution was duly passed on first reading by the Council of the County of Hawai`i at its meeting held on October 21, 2020, by the following Aye/No/Absent/Excused vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. County Clerk County of Hawai`i Hawai`i County is an Equal Opportunity Provider and Employer (Hawai`i Tribune Herald—October 30, 2020) (West Hawai`i Today—October 30, 2020)