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WHEREAS, Section 101 -13 of the Hawai`i Revised Statutes requires that a <br />condemnation action by the County of Hawai`i must be authorized by a resolution of the County <br />Council. <br />BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is <br />necessary for the public use and purpose, to wit: for roadway purposes to take, acquire and <br />condemn that certain private property owned by Owner, identified as being a portion of the lands <br />described in and covered by Grant 2033 to Haleluhi situated, lying and being on the westerly <br />side of Kuakini Highway at Pahoehoe 1st, North Kona, Island and County of Hawai`i, State of <br />Hawaii, Lot B, Parcel 2, containing an area of 2.710 acres as more specifically delineated on <br />the attached map, and identified as a portion of Tax Map Key (3) 7 -7 -008 -114. <br />BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII <br />that the Corporation Counsel of the County of Hawai`i be and is hereby authorized and <br />empowered to initiate 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 COUNTY OF HAWAII <br />that in the process of said proceedings in eminent domain, the Corporation Counsel be and is <br />hereby authorized and empowered to negotiate terms of settlement in accordance with the <br />approval of the court before which such proceedings are prosecuted. <br />BE IT FINALLY RESOLVED that the Clerk of the County of Hawai`i is directed to <br />transmit copies of this resolution to (1) the Honorable William Kenoi, Mayor of the County of <br />Hawai`i; (2) the Department of Public Works; (3) Corporation Counsel Lincoln Ashida; (4) <br />Finance Director Nancy Crawford; and (5) Mr. Robert Noboru Iwamoto, Jr., c/o Roberts <br />Hawai`i, 680 Iwilei Street, Suite 700, Honolulu, Hawai`i 96817. <br />2 <br />