|
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 Namoku
<br /> and Haina, District of Hamakua, Hawaii, identified as Tax Map Key Number (3)4-5-002-061; and
<br /> WHEREAS, the County of Hawaii requires two perpetual, nonexclusive easements for road and
<br /> utility purposes for ingress and egress and electric, sewer and other utility purposes, including the right to
<br /> construct, reconstruct, install, maintain, repair and operate a roadway, poles, lines, conduits and other
<br /> appliances, equipment and facilities necessary to transmit and distribute electricity, water and sewage
<br /> over, under and above the easement areas (hereinafter, "Improvements") within the above mentioned
<br /> parcel, to provide access and electric and other utility service for the construction, upgrade, operation and
<br /> maintenance of the Honoka`a Wastewater Treatment Plant, which the County of Hawaii is taking
<br /> ownership of from the State of Hawaii; and
<br /> WHEREAS, the Improvements will require the acquisition by the County of Hawaii 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, Hawaii, 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 /> WHEREAS, the Improvements will provide a regional benefit for a public purpose and use which
<br /> benefits the County of Hawaii; and
<br /> WHEREAS, it is necessary for the County of Hawaii to acquire the above-described easements
<br /> in real 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 Hawaii Revised Statutes requires that a condemnation action
<br /> by the County of Hawaii 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 road access and electric, sewer and other utility services
<br /> for the Honoka`a Wastewater Treatment Plant, serving the Honoka`a and Haina communities in the
<br /> District of Hamakua, County and State of Hawaii, to take, acquire and condemn easements as stated
<br /> above, for road and electric, sewer and other utility purposes in that certain private property 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, Hawaii, containing an area of 28.426 acres, more or less, said easements covering an area of
<br /> 0.477 acre, and 0.256 acre more or less, as more specifically delineated on the attached maps as
<br /> Easement "E-1" and Easement "A".
<br />
|