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COUNTY OF HAWAII
<br /> STATE OF HAWAII
<br /> RESOLUTION NO.150-ri
<br /> RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE
<br /> PROPERTY BY EMINENT DOMAIN,TAX MAP KEY:(3)7-7-008-
<br /> 114(PORTION),SITUATED AT PAHOEHOE 1st,DISTRICT OF
<br /> NORTH KONA,COUNTY AND STATE OF HAWAII,FOR THE
<br /> LAALOA AVENUE EXTENSION PROJECT.
<br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
<br /> Ht(WAI'I:
<br /> WHEREAS,Robert Noboru Iwamoto,Jr.,(hereinafter"Owner"),
<br /> is the owner of real property situated at Pahoehoe 1st,District of
<br /> North Kona,County and State of Hawaii,identified as Tax Map
<br /> Key Number(3)7-7-008-114;and
<br /> WHEREAS,the County of Hawaii("County")will be
<br /> constructing a roadway extension of La'aloa Avenue to Kuakini
<br /> Highway("Improvements");and
<br /> WHEREAS,the Improvements will require the acquisition by
<br /> the County of a portion of the property owned by Owner,identified
<br /> as being a portion of the lands described in and covered by Grant
<br /> 2033 to Haleluhi situated,lying and being on the westerly side of
<br /> Kuakini Highway at Pahoehoe 1st,North Kona,Island and County
<br /> of Hawaii,State of Hawaii,Lot B,Parcel 2,containing an area of
<br /> 2.710 acres as shown on the attached map;and
<br /> WHEREAS,the Improvements will provide a regional benefit
<br /> for a public purpose and use which benefits the County of Hawaii;
<br /> and
<br /> WHEREAS,it is necessary for the County of Hawaii to acquire
<br /> the above described real property,requiring that the County
<br /> of Hawaii invoke its condemnation powers,to complete the
<br /> Improvements;and
<br /> WHEREAS,Section 101-13 of the Hawaii Revised Statutes
<br /> requires that a condemnation action by the County of Hawaii must
<br /> be authorized by a resolution of the County Council.
<br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
<br /> HAWAII that it is necessary for the public use and purpose,to wit:
<br /> for roadway purposes to take,acquire and condemn that certain
<br /> private property owned by Owner,identified as being a portion
<br /> of the lands described in and covered by Grant 2033 to Haleluhi
<br /> situated,lying and being on the westerly side of Kuakini Highway
<br /> at Pahoehoe 1st,North Kona,Island and County of Hawaii,State
<br /> of Hawaii,Lot B, Parcel 2,containing an area of 2.710 acres as
<br /> more specifically delineated on the attached map,and identified as
<br /> a portion of Tax Map Key(3)7-7-008-114.
<br /> BE IT FURTHER RESOLVED BY THE COUNCIL OF THE
<br /> COUNTY OF HAWAII that the Corporation Counsel of the County
<br /> of Hawaii be and is hereby authorized and empowered to initiate
<br /> proceedings in eminent domain,as provided by law,for the taking,
<br /> acquisition and condemnation of the aforesaid private property.
<br /> BE IT FURTHER RESOLVED BY THE COUNCIL OF THE
<br /> COUNTY OF HAWAII that in the process of said proceedings
<br /> in eminent domain,the Corporation Counsel be and is hereby
<br /> authorised and empowered to negotiate terms of settlement in ,
<br /> accordance with the approval of the court before which such
<br /> proceedings are prosecuted.
<br /> BE IT FINALLY RESOLVED that the Clerk of the County of
<br /> Hawaii is directed to transmit copies of this resolution to(1)the
<br /> Honorable William Kenoi,Mayor of the County of Hawaii;(2)the
<br /> Department of Public Works;(3)Corporation Counsel Lincoln
<br /> Ashida;(4)Finance Director Nancy Crawford;and(5)Mr.Robert
<br /> Noboru Iwamoto,Jr.,do Roberts Hawaii,680 Iwilei Street, Suite
<br /> 700,Honolulu,Hawaii 96817.
<br /> Introduced by:
<br /> FRED BLAS
<br /> Council Member
<br /> I HEREBY CERTIFY that the foregoing resolution was duly passed
<br /> on first reading by the Council of the County of Hawaii at its
<br /> meeting held on October 5,2011,by the following Aye/No/Absent/
<br /> Excused vote: -
<br /> AYES: Council Members Blas,Ford,Hoffmann,Onishi,
<br /> Pilago,Smart,Yoshimoto,and Chair Yagong—8.
<br /> NOES: None.
<br /> ABSENT: Council Member Ikeda—1.
<br /> EXCUSE D: None.
<br /> Jamae K.K.Kawauchi
<br /> County Clerk
<br /> County of Hawaii
<br /> (Note: The map is on file at the Office of the County Clerk for
<br /> inspection.)
<br /> Hawai`i County is an Equal Opportunity Provider and Employer
<br /> (No.49728-West Hawaii Today:October 15,2011)'
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