RES 079 Draft 01 2010-2012 - Laserfiche WebLink

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WHEREAS, the Improvements will provide a regional benefit for a public purpose and use which benefits the County of Hawai`i; and WHEREAS, it is necessary for the County of Hawai`i to acquire the above - described real property, requiring that the County of Hawai`i invoke its condemnation powers, to complete the Improvements; and WHEREAS, Section 101 -13 of the Hawai`i Revised Statutes requires that a condemnation action by the County of Hawai`i must be authorized by a resolution of the County Council. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is necessary for the public use and purpose, to wit: providing sanitary solid waste collection and recycling opportunities in Kahuku, District of Ka`u, County and State of Hawai`i, to take, acquire and condemn that certain private property identified as LOT 1 of the "KONA SOUTH ESTATES, UNIT P' as shown on File Plan No. 953, containing an area of 21.6397 acres, more or less, and together with a One Twenty- Second (1/22) undivided interest in Lots 23 and 24 (Roadway Lots, areas 12.7739 and 15.9487 acres, respectively, Tax Map Key 9 -2 -150 — portion of 066) and delineated on the attached map. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Corporation Counsel of the County of Hawai`i be and is hereby authorized and empowered to initiate proceedings in eminent domain, as provided by law, for the taking, acquisition and condemnation of the aforesaid private property. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in the process of said proceedings in eminent domain, the Corporation Counsel be and is hereby authorized and empowered to negotiate terms of settlement in accordance with the approval of the court before which such proceedings are prosecuted.