RES 200 Draft 01 2016-2018 - Laserfiche WebLink

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feet, more or less, and together with any adjacent lands necessary for temporary construction purposes, including but not limited to temporary easements for construction and operations, and storage and disposal areas; and WHEREAS, the Improvements have been determined by the County as providing a public use and purpose which benefits the County; and WHEREAS, it is necessary for the County to acquire an easement on and over the portion of the above-described Property, which requires the County to invoke its condemnation powers in completing the Improvements; and WHEREAS, Section 101-13 of the Hawai`i Revised Statutes requires that a condemnation action by the County must be authorized by a resolution of the County Council; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is necessary for the public use and purpose for the benefit of the County, to wit: for public health and safety purposes, to take, acquire and condemn an easement on and over the portion of the Property delineated in the attached Exhibit"2." BE IT FURTHER RESOLVED that the Corporation Counsel of the County of Hawai`i be and is hereby authorized and empowered to initiate proceedings in eminent domain, as provided by law, for the taking, acquisition and condemnation of an easement on and over the aforesaid portion of the 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 the approval of the Court before which such proceedings are prosecuted. BE IT FINALLY RESOLVED that this resolution shall take effect upon adoption thereof and the County Clerk shall transmit copies of this resolution to (1) the Honorable Harry Kim, Mayor of the County of Hawai`i; (2) the Civil Defense Agency of the County of Hawai`i; 2