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WHEREAS, the Council of the County of Hawaii finds it necessary and in the public <br />interest to take the private property identified as 86-3895 Hawaii Belt Road, Captain Cook, <br />Hawaii, Tax Map Key No. (3) 8-6-008:011 as described and delineated in Exhibit "A", attached <br />hereto and incorporated herein by reference, for continued public use as a solid waste recycling <br />and transfer station by the Solid Waste Division of the Department of Environmental <br />Management; now, therefore, <br />BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI'I that, <br />pursuant to section 101-13 of the Hawaii Revised Statutes, the Corporation Counsel of the <br />County of Hawaii be and is hereby authorized and empowered to initiate proceedings in eminent <br />domain, as provided by law, for the taking, acquisition, and condemnation of the aforesaid <br />private property. <br />BE IT FURTHER RESOLVED that in the process of said proceedings in eminent <br />domain, the Corporation Counsel be and is hereby authorized and empowered to negotiate terms <br />of settlement, subject to the approval of the court before which such proceedings are prosecuted. <br />BE IT FINALLY RESOLVED that the Clerk of the County of Hawaii is directed to <br />transmit copies of this resolution to the owner(s) of the property identified in Exhibit "A" as <br />TMK (3) 8-6-008:011, to wit: Kealia Ranch, LLC, P.O. Box 497, Honolulu, Hawaii <br />96809-0497; Noenoe Marks Lindsey, 86-4075 Mamalahoa Highway, Captain Cook, Hawaii <br />96704; McCandless Land & Cattle Company, P. O. Box 500 Honaunau, Hawaii 96704; any <br />other identified owners of record; the Mayor, the Director of Finance, the Director of <br />Environmental Management, and Corporation Counsel. <br />Dated at Kona , Hawai`i, this 19th day of June 12024 <br />1� N"t, 0110610oxot , <br />Date of -Introduction: -.Tune 5,- 2024 - <br />Date of 1st Reading: June 5, 2024 <br />Date of 2nd Reading: June 19, 2024 OUNCIL MEMBER, COUNTY OF HAWAI`I <br />Effective Date: June 19, 2024 <br />COUNTY COUNCIL <br />County of Hawaii <br />Hilo, Hawaii <br />I hereby certify that the foregoing RESOLUTION was by <br />the vote indicated to the right hereof adopted by the COUNCIL of the <br />County of Hawaii on June 19, 2024 <br />ATTEST: <br />_ � f <br />COUN Y ERK IRPERSON & PRESIDING OFFICER <br />ROLL CALL VOTE <br />AYES <br />I NOES <br />ABS <br />EX <br />EVANS <br />X <br />GALIMBA <br />X <br />INABA <br />X <br />KAGIWADA <br />X <br />KANEALI`I-KLEINFELDER <br />X <br />KIERKIEWICZ <br />X <br />KIMBALL <br />X <br />LEE LOY <br />X <br />VILLEGAS <br />X <br />6 <br />0 <br />3 <br />0 <br />Reference: C-874.4/LAAC-58 <br />RESOLUTION NO. S 0 24 <br />DRAFT 3 <br />2 <br />