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COUNTY OF HAWAII <br /> STATE OF HAWAII <br /> RESOLUTION NO. 150-11 <br /> RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT <br /> DOMAIN, TAX MAP KEY: (3)7-7-008-114 (PORTION), SITUATED AT PAHOEHOE 1st, DISTRICT <br /> OF NORTH KONA, COUNTY AND STATE OF HAWAII, FOR THE LA'ALOA AVENUE <br /> EXTENSION PROJECT. <br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> WHEREAS, Robert Noboru Iwamoto, Jr., (hereinafter "Owner"), is the owner of real property <br /> situated at Pahoehoe 1st, District of North Kona, County and State of Hawai`i, identified as Tax Map Key <br /> Number (3)7-7-008-114; and <br /> WHEREAS, the County of Hawaii ("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 Owner, identified 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 Kuakini Highway at Pahoehoe <br /> North Kona, Island and County of Hawai`i, State of Hawai`i, Lot B, Parcel 2, containing an area of 2.710 <br /> acres 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 Hawai`i 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 Owner, identified as being a portion of the lands described in and covered by <br /> Grant 2033 to Haleluhi situated, lying and being on the westerly side of Kuakini Highway at Pahoehoe <br /> 1s`, North Kona, Island and County of Hawai`i, State of Hawai`i, Lot B, Parcel 2, containing an area of <br /> 2.710 acres as more specifically delineated on the attached map, and identified as a portion of Tax Map <br /> Key (3)7-7-008-114. <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. <br />