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COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 377-14 RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, BEING A PORTION OF TAX MAP KEY: (3) 2-3-009:027, SITUATE AT PONAHAWAI, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY AND STATE OF HAWAII, BEING LOT 22-C OF THE "HILO TOWN LOTS" FOR THE CONSTRUCTION OF A SEWER LINE. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, 2H HAWAI`I, LLC., is the owner of real property situate at Ponahawai, District of South Hilo, Island and County and State of Hawai`i, being Lot 22-C of the "Hilo Town Lots" identified as Tax Map Key: (3) 2-3-009:027; and WHEREAS, the County of Hawai`i obtained the consent of 2H HAWAI`I, LLC., to construct and maintain an underground sewer line within Lot 22-C of the "Hilo Town Lots"that will connect to the County's sewer system; and WHEREAS, the construction of this sewer line will require the acquisition by the County of Hawai`i of Easement "S-1," containing an area of 834 square feet, more or less, as delineated on Exhibit A attached hereto, and described in Exhibit B attached hereto; and WHEREAS, it is necessary for the County of Hawai`i to acquire the above described easement, requiring that the County of Hawai`i invoke its condemnation powers, to complete the sewer system; and WHEREAS, Section 101-13 of the Hawai`i Revised Statutes, requires that a condemnation action by the County of Hawai`i must be authorized by a resolution of the County Council. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that it is necessary for the public use and purpose, to wit: the construction, operation and maintenance of a sewer system that will connect to the County of Hawai`i sewer system, situate at Ponahawai, District of South Hilo, Island and County and State of Hawai`i, being Lot 22-C of"Hilo Town Lots" to take, acquire and condemn Easement "5-1," containing an area of 834 square feet, being a portion of Tax Map Key: (3) 2-3-009:027, and delineated on Exhibits A and B attached hereto. BE IT FURTHER RESOLVED that the Corporation Counsel of the County of Hawai`i be and is hereby authorized and empowered to offer an amount of money for the subject easement and, if necessary, to initiate proceedings in eminent domain, as provided by law, for the taking, acquisition and condemnation of the aforesaid private property. BE IT FURTHER RESOLVED that in the process of said proceedings in eminent domain, the Corporation Counsel be and is hereby authorized and empowered to negotiate terms of settlement in accordance with Section 2-10, Hawai`i County Code, and subject to the approval of the court before which such proceedings are prosecuted. BE IT FINALLY RESOLVED that the Clerk of the County of Hawai`i is directed to transmit copies of this resolution to: (1) Mayor William Kenoi; (2) the Department of Environmental Management; (3) Senior Deputy Corporation Counsel Joseph K. Kamelamela; and (4) 2H HAWAI`I LLC., P.O. Box 57, Papa'aloa, Hawaii. Hawai`i County is an Equal Opportunity Provider and Employer.