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WHEREAS, the County, in order to comply with the United States Environmental <br />Protection Agency regulations and the above -referenced Administrative Order on Consent <br />pursuant to 40 CFR § 144.88, which requires the elimination of LCCs, seeks to acquire a portion <br />of the Property for the construction of a wastewater treatment plant (the "Project") to close <br />existing LCCs and address the needs of the Nd'dlehu community; and <br />WHEREAS, the Project will require 1) the acquisition by County of the 28.739 acres, <br />more or less, plus easement on the mauka portion of Waikapuna as shown on Exhibit "B" <br />attached hereto and made a part hereof, and together with temporary use of any adjacent lands <br />necessary for construction purposes, including but not limited to temporary easements for <br />construction and operations, and storage and disposal areas, and 2) the nonexclusive use of any <br />other reasonable and necessary easement routes maintained by ATA that allow passage through <br />the Property to access the Project Site; and <br />WHEREAS, the Project has been determined by the County as providing a public use <br />and purpose that benefits the people of the County; and <br />WHEREAS, it is necessary for the County to take, acquire, and condemn the Project Site <br />to complete the Project; and <br />WHEREAS, Section 10 1 - 13 of the Hawaii Revised Statutes requires that a <br />condemnation action by the County be authorized by a resolution of the Council; now, therefore, <br />BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAVI that <br />pursuant to section 10 1 - 13 of the Hawaii Revised Statutes, the Corporation Counsel of the <br />County be and is hereby authorized and empowered to initiate proceedings in eminent domain, <br />as provided by law, for the taking, acquisition, and condemnation of the Project Site, which is <br />that portion of the Property identified by Tax Map Key Number (3) 9-5-007:016, containing an <br />area of 28.739 acres, more or less, situated at Kdhilipali'iki and Kdhilipalinui ahupua'a, District <br />of Ka'a, Island and County of Hawaii, as more specifically shown on the attached Exhibit "B." <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 in accordance with the approval of the Court before which such proceedings are <br />prosecuted. <br />IN <br />