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COUNTY OF HAWAII
<br /> STATE OF HAWAII
<br /> RESOLUTION NO. 79-11 (DRAFT 2)
<br /> RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT
<br /> DOMAIN, TAX MAP KEY: (3) 9-2-150-060, SITUATED AT KAHUKU, DISTRICT OF KA`U,
<br /> COUNTY AND STATE OF HAWAI`I, FOR THE OCEAN VIEW RECYCLING AND TRANSFER
<br /> STATION, ALSO KNOWN AS OCEAN VIEW RECYCLING POINT AND CONVENIENCE
<br /> CENTER PROJECT.
<br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
<br /> WHEREAS, Steven C. Eames and Patricia Jane Eames, Trustees of the Steven and Patricia Eames
<br /> Trust dated September 16, 2005 (or their successor trustee(s)), Glenn Binford, Trustee of the Ronald A.
<br /> Wilson Revocable Living Trust dated January 26, 2011 (or his successor trustee), and Tyson R. Bryan are
<br /> the owners of real property situated at Kahuku, Hawai`i, identified as Tax Map Key Number (3) 9-2-150-
<br /> 060; and
<br /> WHEREAS, the County of Hawai`i ("County") will be constructing and operating on the above
<br /> mentioned parcel the Ocean View Recycling and Transfer Station, also known as the Ocean View
<br /> Recycling Point and Convenience Center, which improvements generally consist of grading and site
<br /> improvements, construction and operation of a State of Hawai`i Department of Health permitted
<br /> recycling and solid waste transfer station ("Improvements"); and
<br /> WHEREAS, the Improvements will require the acquisition by the County of the property owned
<br /> by Steven C. Eames and Patricia Jane Eames, Trustees, Glenn Binford, Trustee (or their respective
<br /> successor trustees), and Tyson R. Bryan, identified as LOT 1 of the "KONA-SOUTH ESTATES, UNIT
<br /> I", as shown on File Plan No. 953, containing an area of 21.6397 acres, more or less, and together with a
<br /> One Twenty-Second (1/22) undivided interest in Lots 23 and 24 (Roadway Lots, areas 12.7739 and
<br /> 15.9487 acres, respectively, Tax Map Key 9-2-150—portion of 066) more specifically delineated on the
<br /> attached map; and
<br /> WHEREAS, the Improvements will provide a regional benefit for a public purpose and use which
<br /> benefits the County of Hawai`i; and
<br /> WHEREAS, it is necessary for the County of Hawai`i to acquire the above-described real
<br /> property, requiring that the County of Hawai`i invoke its condemnation powers, to complete the
<br /> Improvements; and
<br /> WHEREAS, Section 101-13 of the Hawai`i Revised Statutes requires that a condemnation action
<br /> by the County of Hawai`i must be authorized by a resolution of the County Council.
<br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is necessary
<br /> for the public use and purpose, to wit: providing sanitary solid waste collection and recycling
<br /> opportunities in Kahuku, District of Ka`u, County and State of Hawai`i, to take, acquire and condemn
<br /> that certain private property identified as LOT 1 of the "KONA SOUTH ESTATES, UNIT I" as shown
<br /> on File Plan No. 953, containing an area of 21.6397 acres, more or less, and together with a One Twenty-
<br /> Second (1/22) undivided interest in Lots 23 and 24 (Roadway Lots, areas 12.7739 and 15.9487 acres,
<br /> respectively, Tax Map Key 9-2-150 —portion of 066) and delineated on the attached map.
<br /> BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
<br /> Corporation Counsel of the County of Hawai`i be and is hereby authorized and empowered to initiate
<br /> proceedings in eminent domain, as provided by law, for the taking, acquisition and condemnation of the
<br /> aforesaid private property, for compensation not to exceed the current independently appraised value of
<br /> $248,000.00.
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