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Cou(OF HAWAII
<br /> IVIISOLUVION NO 188-11
<br /> RESOLUTION RESCINDING RESOLUTION NO.1.50-11 AND AUTHORIZING THE ACQUISITION
<br /> OF PRIVATE PROPERTY BY EMINENT DOMAIN,TAX MAP KEY: ,(3)7-7-008-114(POR+4 ,,
<br /> SITUATED AT PAHOEHOE 1st,DISTRICT OF NORTH KONA,COUNTY AND STATE OF HAWl1f`h•.
<br /> FOR THE LA'ALOA AVENUE EXTENSION PROJECT.
<br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI'1 _ xA
<br /> WHEREAS, on October 19, 2011, the County Council of the County of Hawaii adopted
<br /> Resolution No 150-11 which Resolution authorized the condemnation of a portion of Tax Map
<br /> Key: (3)7-7-008-114,and attached a preliminary map which described the area sought:to.be
<br /> condemned as containing an area of 2.710 acres;
<br /> WHEREAS, when a metes and bounds description was completed,the area sought to be
<br /> condemned is now said to contain an area of 2.713 acres more or less,and the final map was
<br /> revised to show the revision;
<br /> WHEREAS,the County Council of the County of Hawaii hereby wishes to rescind Resolution
<br /> 150-11 and authorize the acquisition by eminent domain a portion of TMK: (3)7-7-008-114 as
<br /> follows:
<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 Tg?T
<br /> Map Key Number(3)7-7-008-114;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 /> WHEREA$,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
<br /> by Grant 2033 to Haleluhi situated, lying and being on the westerly side of Kuakini Highway
<br /> at Patbehoe 1st, North Kona,Island and County of Hawai'i,State of Hawaii, Lot B, Paarrcel 2,
<br /> containing an area of 2.713 acres more or less shown on the attached map and more particularly
<br /> described in the attached metes and bounds description;and
<br /> WHEREAS,the Improvements will provide a regional benefit for a public purpose and use
<br /> which benefits the County of Hawaii;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
<br /> action by the County of Hawaii must be authorized by a resolution of the County Council.
<br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that Resolution
<br /> No.150-11 is hereby rescinded,and further that it is necessary for the public use and purpose,
<br /> to wit: for roadway purposes to take,acquire and condemn that certain private property owned
<br /> by Owner,identified as being a portion of the lands described in and covered by Grant 2033 to
<br /> Haleluhi situated,lying and being on the westerly side of Kuakini Highway at Pahoehoe 1 stAorth
<br /> Kona,Island and County of Hawai'i,State of Hawaii,Lot B, Parcel 2,containing an area of 2.713
<br /> acres more or less as shown on the attached map and more particularly described in the attached
<br /> metes and bounds description,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 that the
<br /> Corporation Counsel of the County of Hawaii be and is hereby authorized and empowered
<br /> to initiate proceedings in eminent domain, as provided by law, for the taking, acquisition and
<br /> condemnation of the aforesaid private property.
<br /> BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in the
<br /> process of said proceedings in eminent domain, the Corporation Counsel be and is hereby
<br /> authorized and empowered to negotiate terms of settlement in accordance with the approval of
<br /> the court before which such proceedings are prosecuted.
<br /> BE IT FINALLY RESOLVED that the Clerk of the County of Hawaii is directed to transmit
<br /> copies of this resolution to(1)the Honorable William Kenoi,Mayor of the County of Newell;(2)
<br /> the Department of Public Works;(3)Corporation Counsel Lincoln Ashida;(4)Finance Director
<br /> Nancy Crawford;and(5)Mr.Robert Noboru Iwamoto,Jr.,do Roberts Hawaii,680 lwilei Street,
<br /> Suite 700,Honolulu,Hawai'i 96817.
<br /> Introduced by:
<br /> FRED BLAS
<br /> Council Member
<br /> I HEREBY CERTIFY that the foregoing resolution was duly passed on first reading by the Council
<br /> of the County of Hawai'i at its meeting held on November 16,2011,by the following Aye/No/
<br /> Absent/Excused Vote:
<br /> AYES: Council Members Blas,Ford,Ikeda,Onishi,
<br /> Pilago,Smart,Yoshimoto,and Chair Yagong-8.
<br /> NOES: None.
<br /> ABSENT: Council Member Hoffman-1.
<br /> EXCUSED: None.
<br /> Jamae K.K.Kawauchi
<br /> County Clerk
<br /> County of Hawai`i
<br /> (Note: The metes and bounds description and map are on file at the Office of the County Clerk
<br /> for inspection.)
<br /> Haven County is an Equal Opportunity Provider and Employer
<br /> (39563r 1 Hawaii Tribune-Herald:November 26,2011)
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