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WHEREAS, it is necessary for the County of Hawaii to acquire the above-described real <br /> <br /> property, requiring that the County of Hawaii invoke its condemnation powers, to complete the <br /> Improvements; and <br /> 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 water system <br /> Improvements in Kahuku, District of Ka`u, County and State of Hawaii, which Improvements <br /> generally consist of drilling and testing of an exploratory well, outfitting a well into a production <br /> well, construction of a reservoir, transmissions line and a public dispensing facility, to take, <br /> acquire and condemn that certain private property identified as LOT 2, BLOCK 168, of the <br /> "HAWAIIAN OCEAN VIEW ESTATES," as shown on File Plan No. 787, containing an area of <br /> 43,562 square feet, more or less, being Tax Map Key: (3) 9-2-101-037, 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 are prosecuted. <br /> BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii is directed to <br /> transmit copies of this resolution to (1) the Honorable Harry Kim, Mayor of the County of <br /> 2 <br /> <br />