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COUNTY OF HAWAII STATE OF HAWAII <br /> RESOLUTION NO. <br /> (Draft 2) <br /> <br /> AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, BEING A <br /> PORTION OF TAX MAP KEY:{3)8-1-007:045, SITUATE AT ONOULI 2 AND KEOPUKA, SOUTH <br /> KONA, COUNTY AND STATE OF HAWAII, FOR THE DEVELOPMENT AND CONSTRUCTION OF <br /> <br /> A BYPASS HIGHWAY BETWEEN THE VICINITY OF KEAUHOU AND CAPTAIN COOK, KONA, <br /> HAWAII. <br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. <br /> WHEREAS, a bypass highway has been planned and is being developed to run makai of the <br /> Mamalahoa Highway from the area of Keauhou to its terminus with the Mamalahoa Highway in the <br /> <br /> vicinity of Napii'opo'o Road; and <br /> WHEREAS, the Kona Regional Plan identified the current Mamalahoa Highway as inadequate <br /> <br /> to handle the volume of traffic currently traversing on the roadway; and <br /> WHEREAS, the proposed Mamalahoa Bypass Highway has been determined by the County of <br /> Hawaii, through its County Council, as providing a regional benefit for a public purpose and use <br /> <br /> which will benefit the County of Hawaii; and <br /> WHEREAS, the alignment of the bypass highway will traverse a portion of the property <br /> identified as Tax Map Key:(3)8-1-007:045, owned by (1) Robert Nigel Richards, Trustee under the <br /> Marilyn Sue Wilson Trust, as to an undivided 25% interest, and Trustee under the Joan Elizabeth <br /> Coupe Trust as to an undivided 25% interest; (2) Charles William Coupe and Joan Elizabeth Coupe <br /> as to an undivided 3% interest; (3) Miles Hugh Wilson as to an undivided 3% interest; and (4) Joan <br /> Coupe, Trustee under Revocable Trust of Joan Coupe, as to an undivided 44% interest; and <br /> WHEREAS, it is necessary for the County of Hawaii to acquire this right-of-way more <br /> particularly described in Exhibit "A" and delineated on Exhibit "B" attached hereto, requiring that the <br /> County of Hawaii invoke its condemnation powers in acquiring a portion of the private property to <br /> complete the bypass highway; and <br /> WHEREAS, Section 101-13 of the Hawaii Revised Statutes requires that a condemnation <br /> action by the County of Hawai i must be authorized by a resolution of the County Council. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII <br /> that it is necessary for the public use and purpose, to wit: the construction and development of a road <br /> intended to bypass the Mamalahoa Highway in the approximate vicinity between Keauhou and <br /> Captain Cook, Kona, to acquire and condemn a portion of that certain private property identified as <br /> Tax Map Key:(3)8-1-007:045, described in Exhibit "A" and delineated on Exhibit "B" attached hereto. <br /> <br />