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WHEREAS, Section 101-13 of the Hawaii Revised Statutes requires that a <br /> condemnation action by the County of Hawaii must be authorized by a resolution of the County <br /> Council. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF <br /> HAWAII that it is necessary for the public use and purpose, to wit: providing safety <br /> improvements along the roadside of Kino`ole Street in the District of South Hilo, County and <br /> State of Hawaii, by constructing concrete retaining walls and drywells, erecting guardrails, <br /> striping, marking, paving roadway shoulders, and adjusting utility boxes, to take, acquire and <br /> condemn a portion of that certain private property identified as Pazcel 13, containing an area of <br /> 1,034 square feet, being a portion of Tax Map Key: (3)2-2-038:015, and delineated on the <br /> attached map. <br /> BE IT FURTHER RESOLVED that the Corporation Counsel of the County of Hawaii <br /> be and is hereby authorized and empowered to initiate proceedings in eminent domain, as <br /> provided by law, for the taking acquisition and condemnation of the aforesaid 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 in accordance with Section 2-10, Hawaii County Code, and the approval of the <br /> court before which such proceedings aze prosecuted. <br /> BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii is directed to <br /> <br /> transmit copies of this resolution to (1) the Honorable Harry Kim, Mayor of the County of <br /> <br /> Hawaii; (2) the Department of Public Works; (3) Assistant Corporation Counsel Gerald Takase; <br /> and (4) Richard T. Isa, 376 Niihau Street, Kahului, Hawaii 96732; and Kenneth T. Isa, <br /> 1398 Auahi Place, Hilo, Hawaii 96720. <br /> 2 <br /> <br />