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WHEREAS, it is necessary for the County to acquire the above-described Property, <br /> which requires the County to invoke its condemnation powers in completing the Improvements; <br /> and <br /> WHEREAS, Section 101-13 of the I lawai`i Revised Statutes requires that a <br /> condemnation action by the County must be authorized by a resolution of the County Council; <br /> now, therefore, <br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is <br /> necessary for the public use and purpose for the benefit of the County, to wit: for roadway <br /> purposes to take, acquire and condemn the portion of The Property as described in the attached <br /> Exhibit "1" and delineated in the attached Exhibit "2". <br /> BE IT FURTHER RESOLVED that the Corporation Counsel of the County of <br /> Hawai`i be and is hereby authorized and empowered to initiate proceedings in eminent domain, <br /> as provided by law, for the taking, acquisition and condemnation of the aforesaid portion of The <br /> Property. <br /> BE IT FURTHER RESOLVED that in the process of said proceedings in eminent <br /> domain, the Corporation Counsel be and is hereby authorized and empowered to negotiate terms <br /> of settlement in accordance with the approval of the Court before which such proceedings are <br /> prosecuted. <br /> BE IT FINALLY RESOLVED that this resolution shall take effect upon adoption <br /> thereof and the County Clerk shall transmit copies of this resolution to (1) the Honorable <br /> William Kenoi, Mayor of the County of Hawaii; (2) the Department of Public Works; (3) <br /> Deputy Corporation Counsel Ronald Kim; (4) Finance Director Deanna Sako; (5) Don Richard <br /> 2 <br />