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COUNTY OF HAWAII <br />STATE OF HAWAII <br />RESOLUTION NO. 128 11 <br />RESOLUTION AUTHORIZING THE ACQUISITION OF EASEMENTS IN PRIVATE PROPERTY <br />BY EMINENT DOMAIN, TAX MAP KEY: (3) 4 -5- 002 -061, SITUATED AT NAMOKU AND <br />HAINA, DISTRICT OF HAMAKUA, COUNTY AND STATE OF HAWAII, FOR ROAD AND <br />UTILITY PURPOSES FOR THE HONOKA`A WASTEWATER TREATMENT PLANT. <br />BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br />WHEREAS, Haina Mill Mortgage Lender, LLC is the owner of real property situated at <br />Namoku and Haina, District of Hamakua, Hawai`i, identified as Tax Map Key Number (3) 4- 5 -002- <br />061; and <br />WHEREAS, the County of Hawai`i requires two perpetual, nonexclusive easements for road <br />and utility purposes for ingress and egress and electric, sewer and other utility purposes, including the <br />right to construct, reconstruct, install, maintain, repair and operate a roadway, poles, lines, conduits <br />and other appliances, equipment and facilities necessary to transmit and distribute electricity, water <br />and sewage over, under and above the easement areas (hereinafter, "Improvements ") within the above <br />mentioned parcel, to provide access and electric and other utility service for the construction, upgrade, <br />operation and maintenance of the Honoka`a Wastewater Treatment Plant, which the County of Hawai`i <br />is taking ownership of from the State of Hawai`i; and <br />WHEREAS, the Improvements will require the acquisition by the County of Hawai`i of the <br />aforementioned easements over the property owned by Haina Mill Mortgage Lender LLC, identified as <br />Lot 9A, portions of Royal Patent Grant Number 2051 to Kekahimoku and Royal Patent Grant Number <br />1968 to Kanalua and Royal Patent Grant Number 1965 to Mokuhia, situated at Namoku and Haina, <br />Hamakua, Hawai`i, containing an area of 28.426 acres, more or less, said easements containing 0.477 <br />acre, and 0.256 acre, more or less, as more specifically delineated on the attached maps as Easement <br />"E -1" and Easement "A "; and <br />