RES 141 Draft 01 2012-2014 - Laserfiche WebLink

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WHEREAS, the County owns the completed Phase I of said Mamalahoa Bypass Highway ("North Segment"), from Keauhou going south, and the extension of Haleki`i Street and its intersection with the Mamalahoa Bypass Highway; WHEREAS, the County also owns certain rights-of-way lots of Phase II of said Mamalahoa Bypass Highway ("South Segment") from the North Segment of the Mamalahoa Bypass Highway and Haleki`i Street extension intersection towards the southern connection with Mamalahoa Highway in Napo`opo`o; and WHEREAS, it is planned that the route of the South Segment of the Mamalahoa Bypass Highway will pass through Smith Trust's Land, and in anticipation thereof, Smith Trust and the County have agreed on an approximate location for the South Segment of the Mamalahoa Bypass Highway on Smith Trust's Land and as shown on Exhibit "B" attached to the Memorandum of Agreement and on certain other matters relating thereto; and WHEREAS, the County shall pay the Smith Trust the amount of$145,787 as fair and just compensation for Smith Trust's Land and coffee trees that were, and will be, removed, and the Smith Trust shall convey Lots 25 and 26 to the County in accordance with the terms and conditions of the Memorandum of Agreement; and WHEREAS, the County shall do certain improvements and other matters with its construction of the South Segment of the Mamalahoa Bypass Highway on Smith Trust's Land, and at no cost or expense to the Smith Trust in accordance with Provision 5 (Specific Covenants of County) of the Memorandum of Agreement, to mitigate damages to the Smith Trust's Land; and WHEREAS, the County, through its Administration or Executive Branch, is seeking approval and ratification of the Memorandum of Agreement (see attached) because there is an appropriate and valid Public Purpose, now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Memorandum of Agreement is approved and ratified for the acquisition of Rights-of-Way Lots 25 and 26, which contains an area of 0.480 acre and 0.069 acre, more or less, respectively, identified as Tax Map Keys: (3) 8-1-009:004 (Lot 25) and (3) 8-1-004:005 (Lot 26), described and delineated in Exhibit "C" of the Memorandum of Agreement attached hereto for public road and drainage purposes. BE IT FURTHER RESOLVED that the above referenced Memorandum of Agreement and any related documents on behalf of the County of Hawai`i is approved and ratified pursuant to Article XIII, Section 13-13 of the Hawai`i County Charter 2000. 2