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COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 18 8 11 RESOLUTION RESCINDING RESOLUTION NO. 150 -11 AND AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, TAX MAP KEY: (3) 7- 7- 008 -114 (PORTION), SITUATED AT PAHOEHOE 1st, DISTRICT OF NORTH KONA, COUNTY AND STATE OF HAWAII, FOR THE LA'ALOA AVENUE EXTENSION PROJECT. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, on October 19, 2011, the County Council of the County of Hawai`i adopted Resolution No. 150 -11 which Resolution authorized the condemnation of a portion of Tax Map Key (3) 7 -7- 008 -114, and attached a preliminary map which described the area sought to be condemned as containing an area of 2.710 acres; WHEREAS, when a metes and bounds description was completed, the area sought to be condemned is now said to contain an area of 2.713 acres more or less, and the final map was revised to show the revision; WHEREAS, the County Council of the County of Hawai`i hereby wishes to rescind Resolution 150 -11 and authorize the acquisition by eminent domain a portion of TMK (3) 7 -7- 008 -114 as follows: WHEREAS, Robert Noboru Iwamoto, Jr., (hereinafter "Owner "), is the owner of real property situated at Pahoehoe 1st, District of North Kona, County and State of Hawai`i, identified as Tax Map Key Number (3) 7 -7 -008 -114; and WHEREAS, the County of Hawai`i ( "County ") will be constructing a roadway extension of La'aloa Avenue to Kuakini Highway ( "Improvements "); and WHEREAS, the Improvements will require the acquisition by the County of a portion of the property owned by Owner, identified as being a portion of the lands described in and covered by Grant 2033 to Haleluhi situated, lying and being on the westerly side of Kuakini Highway at