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COUNTY OF HAWAII
<br /> STATE OF HAWAII
<br /> RESOLUTION NO. 149-11
<br /> RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT
<br /> DOMAIN, TAX MAP KEY: (3)7-7-008-120 (PORTION), SITUATED AT PAHOEHOE 2ND
<br /> DISTRICT OF NORTH KONA, COUNTY AND STATE OF HAWAII, FOR THE LA`ALOA
<br /> AVENUE EXTENSION PROJECT.
<br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
<br /> WHEREAS, White Sands Estates, LLC, a Hawai`i limited liability company, as to an undivided
<br /> 86.81% interest, San Francisco Residence Club, Inc., a California corporation, as to an undivided 10%
<br /> interest, Jeff Culver, Trustee of the Jeff Culver Revocable Trust dated August 23, 2006, as to an
<br /> undivided 3.19% interest, as tenants in common (hereinafter"Owners"), are the owners of real property
<br /> situated at Pahoehoe 2"d, Hawai`i, identified as Tax Map Key Number (3)7-7-008-120; and
<br /> WHEREAS, the County of Hawai`i ("County") will be constructing a roadway extension of
<br /> La`aloa Avenue to Kuakini Highway ("Improvements"); and
<br /> WHEREAS, the Improvements will require the acquisition by the County of a portion of the
<br /> property owned by Owners, identified as being a portion of the lands described in and covered by Royal
<br /> Patent 1668, Land Commission Award 8520-B, Apana 3 to Gini Lahilahi situated, lying and being at
<br /> Pahoehoe 2°d' District of North Kona, Island and County of Hawai`i, State of Hawai`i, being Lot A-1-C
<br /> as shown on the 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 Hawaii 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: for roadway purposes to take, acquire and condemn that certain
<br /> private property owned by Owners, identified as being a portion of the lands described in and covered by
<br /> Royal Patent 1668, Land Commission Award 8520-B, Apana 3 to Gini Lahilahi situated, lying and being
<br /> at Pahoehoe 2"d District of North Kona, Island and County of Hawaii, State of Hawai`i, being
<br /> Lot A-1-C more specifically delineated on the attached map, and identified as being a portion of
<br /> Tax Map Key 7-7-008-120 and containing approximately 1.487 acres.
<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.
<br /> BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in
<br /> the process of said proceedings in eminent domain, the Corporation Counsel be and is hereby authorized
<br /> and empowered to negotiate terms of settlement in accordance with the approval of the court before
<br /> which such proceedings are prosecuted.
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