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Home My WebLink AboutDIG Eminent Domain RES 741-20 2018-2020 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 741-20 A RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN OF A PORTION OF TAX MAP KEY NUMBER(3) 9-6-002:018, SITUATED AT PUNALU'U-PA'AU'AU, DISTRICT OF KA`U, COUNTY AND STATE OF HAWAII, FOR THE PAHALA WASTEWATER TREATMENT PLANT. WHEREAS, the Trustees of the Estate of Bernice Pauahi Bishop are the fee simple owners of real property situated at Punalu`u-Pa`au`au, District of Ka`u, County and State of Hawai`i, identified as Tax Map Key Number (3) 9-6-002:018 (the "Property"); and WHEREAS, the County of Hawai`i ("County"), in order to comply with United States Environmental Protection Agency regulation 40 C.R.F. § 144.88, which requires the elimination of large capacity gang cesspools ("LCCs"), seeks to acquire a portion of the Property for the construction of a wastewater treatment plant (the "Project") to replace existing LCCs in, and serve and address the needs of, the Pahala community; and WHEREAS, the Project will require the acquisition by the County of a portion of the Property containing 14.9 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof("Project Site"), and together with temporary use of any adjacent lands necessary for construction purposes, including but not limited to temporary easements for construction and operations, and storage and disposal areas; and WHEREAS, the Project has 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 the Project Site and invoke its condemnation powers to complete the Project; 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: construction of a wastewater treatment plant to replace existing LCCs in, and serve and address the needs of, the Pahala community, to take, acquire, and condemn the Project Site, which is that portion of the Property identified as Tax Map Key Number (3) 9-6-002:018, containing an area of 14.9 acres, more or less, situated at Punalu`u-Pa`au`au in the District of Ka`u, Island and County and State of Hawai`i, as more specifically shown on the attached Exhibit "A." BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Corporation Counsel of the County be and is hereby authorized and empowered to initiate proceedings in eminent domain, as provided by law, for the taking, acquisition and condemnation of the Project Site. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII 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 the Mayor's Office; Department of Environmental Management; Office of the Corporation Counsel; Department of Finance; Trustees of the Estate of Bernice Pauahi Bishop, Community Engagement & Resources, Land Asset Manager; and any identified tenants or occupants of the Project Site. Introduced by: MAILE MEDEIROS DAVID Council Member I HEREBY CERTIFY that the foregoing resolution was duly passed on first reading by the Council of the County of Hawai`i at its meeting held on October 7, 2020, by the following Aye/No/Absent/Excused vote: AYES: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. NOES: None. ABSENT: None. EXCUSED: None. (Note: Ms. Kierkiewicz and Ms. Lee Loy voted "kanalua"then"aye.") .411k A County Clerk County of Hawai`i Hawai`i County is an Equal Opportunity Provider and Employer (Hawai`i Tribune Herald—October 16, 2020) (West Hawai`i Today— October 16, 2020) COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0.741-20 AFFIDAVIT OF PUBLICATION A RESOLUTION AUTHORIZING THE ACQUISITION OF IN THE MATTER OF PRIVATE PROPERTY, BY EMINENT DOMAIN OF A PORTION OF TAX MAP KEY NUMBER�3)9-6-002:018Y PUBLIC NOTICE RESOLUTION NO.741-20 SITUATED AT PUNALUU-PA'AU'AU, DISTRICT OF KAU, COUNTY AND STATE OF HAWAII, FOR THE PAHALA WASTEWATER TREATMENT PLANT. WHEREAS, the Trustees of the Estate of Bernice Pauahi Bishop are the fee simple owners of real property situated at Punalu'u-palauau,District of Kau, County and State of Hawaii,identified as Tax Map Key Number(3j'9- -002:418(the"Property");and WHEREAS, the County of Hawai'i ("County"), in STATE OF HAWAII[ order to comply with United States Environmental Protection Agency regulation 40 C.R.F. § 144.88, Ss. which requires the elimination of,large capacity gang City and County of Honolulu cesspools("LCCs"),seeks to acquire a portion of the Property for the construction of a wastewater treatment plant(the"Project")to replace existing LCCs in,and serve and address the -needs of,, the Pahala OCT 1 6 2020 community;and Doc. Date: #Pages: 1 WHEREAS,the Project will require the acquisition by the County of a portion of the Property containing Notary Name:COLLEEN E.SORANAKA First Judicial Circuit 14.9 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof ("Project use of any IS Site") and together with temporary lands necessary for construction purposesy DOC. Description: Affidavit of C�) adjac including but not limited to temporary easements for < Publication construction and operations,and storage and nd disposal N are Aap- OTARY as;and 7 WHEREAS,the Project has been determined by the PUBLIC County as providing a public use and purpose which OCT 16 ^10^0 F-10 benefits the County;and WHEREAS,it is necessary for the County to acquire NotaryNo. 90-263 -Z its condemnation powerNotarySignature Date the Project Site and invoke complete the Project;and • WHEREAS,Section 101-13 of the Hawaii Revised 1pe ion by the Statutes requires that a condemnation action C7 'i " County must be authorized by a resolution of the Lisa Sakakida being duly sworn,deposes and says that she is a clerk,duly afdtht�ized County Council;now,therefore, COUNTY to execute this affidavit of Oahu Publications,,Inc.publisher of The Honolulu BE IT RESOLVED BY THE COUNCIL OF THE OF HAWAII that it is necessary forthe public use and Star-Advertiser,MidWeek,The Garden Island,West Hawaii Today,and Hawaii wit. purpose for the benefit of the County, to - construction of a wastewater treatment,plant to i Tribune-Herald,that said newspapers are newspapers of general circulation in the State replace existing LCCs in,and serve and address the of Hawaii,and that the attached notice is true notice as was published in the needs of,the Pahala communityy,to take,acquire,and condemn the Project Site,which is that portion ofthe Honolulu Star-Advertiser 0 times on: Property identified as Tax Map Key Number(3)9-6- 002:018,containing an area of 14.9 acres, more or less,situated at Punaluu-Pa'au'au in the District of Ka'u,Island and County and State of Hawaii,as more 0 times on: specifically shown on the attached Exhibit"A." MidWeek BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI'l that the Corporation Counsel of the County be and is hereby authorized and The Garden Island 0 times on: empowered to initiate proceedings in eminent domain, as provided by law, for the taking,.acquisition and condemnation of the Project Site. BE IT FURTHER RESOLVED BY THE COUNCIL OF Hawaii Tribune-Herald 1 times on: THE COUNTY OF HAWAII that in the process of said proceedings in eminent domain, the Corporation 10116/2020 Counsel be rand is hereby authorized and empowered to negotiate terms of settlement in accordance with West Hawaii Today 0 times on: 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 Other Publications: 0 times on: Clerk shall transmit copies of this resolution to the Mayor's Office; Department of 'Environmental Management; Office of the Corporation Counsel; And that affiant is not a party to or in any way interested in the above entitled matter. Department of Finance; Trustees of the Estate of Bernice Pauahi Bishop, Community Engagement & Resources, Land Asset Manager and any identified tenants or occupants of the Project Site. Lisa Sakakida Introduced by: MAILE MEDEIROS DAVID QaJ1h.1Lf1.ribed to and sworn before me this I'Aday of A.D.20 20 Council Member I HEREBY CERTIFY that the foregoing resolution was 4a v duly passed on first reading by the Council of the County of Hawaii at its meeting held on October 7, -vote: Colleen E.Soranaka,Notary Public of the First Judicial Circuit,State-� all.. 2020,by the following Aye/No/Absent/Excuse.d My commission expires:Jan 06 2024 AYES: Council Members David,_Eoffy I C)TA R Y Kaneali'!-Kleinfelder,Kierkiewicz, . Ad# 0001298930 P UB L I C', 7 I C S P NO.: Lee Loy,Poindexter,Richards, Villegas,and Chair Chung-9. NOES: None. No. 90-263 ABSENT: None. EXCUSED: None. (Note: Ms. Kierkiewicz and Ms. Lee Loy voted fJ "kanalua"then aye. County Clerk County of Hawai'i Hawai'i County is an Equal Opportunity Provider and Employer (HTH1298930 10/16/20) COUNTY OF HAWAII AFFIDAVIT OF PUBLICATION NATE OF HAWAII RESOLUTION NO.741- 0 IN THE MATTER OF } A RESOLUTION AUTHORIZING THE ACQUISITION OF PUBLIC NOTICE-RESOLUTION NO.741-20PRIVATE PROPERTY BY EMINENT DOMAIN OF } PORTION 4F TAX MAP KEY NUMBER(3)4- -042:0151 } SITUATED AT PUNALU'U-PA` U`AU, DISTRICT OF `U, COUNTY AND STATE OF HAWAII, FOR THE PAHALA } WASTEWATER TREATMENT PLANT. } WHEREAS, the Trustees of the Estate of Bernice } Pauahi Bishop are the fee simple owners of real property situatedat Punalu`u-Pa'au'au,District of Ka`u, } County and State of Hawaii,identified as'Tax Map Key Number(3)9-6-002:016(the"Property");and STATE OF HAWAII } WHEREAS, the County of Hawaii ("County"), in order to comply with United States Environmental }SS. Protection Agency regulation 40 C.R.F. § 144.86, City and County of Honolulu } which requires the elimination of large capacity gang cesspools("LCCs"),seeks to acquire a portion of the Property for the construction of a wastewater treatment t tthe"Project")to replace existing LCCs in,and OCT 0 solve and address the heeds, of, the Pahala Doc. Date: # Pages: 1 �mrmn�and . WHEREAS,the Project will require the acquisition Nota Name:COLLEEN E.SORANAKA First Judicial Circuit by the,County of a portion of the Property containing 14.9 acres, more or less, as shown on Exhibit "A" Doc. Description: Affidavit of attached hereto and made a part hereof ("Project �� '�� ;��`'i f Site"), anis together 'with temporary use of any adjacent lands necessary for construction purposes, Publication 7 inclining but not limited to temporary easements for ' construction and operations,and storage and disposal N OTAR y = areas;and U B L I C 4 WHEREAS,the Project has been determined b CT 2020a y the County as providing a public use and purpose''.which R benefits County;ts the C °and A� o. 00-263 ® , Notary Signature Date9�4� m° WHEREAS,it is necessary for the County to acquire °•° the Project Site and invoke its condemnation powers to �� ''°° ••...° •@ •� complete the Project;and WHEREAS,.Section 101-13 of the Hawal'i Revised ° V,y, Statutes requires that a condemnation action by the Lisa Sakakida being duly sworn,deposes and says that she is a clerk,duly auth rued County must be authorized by a resolution of the to execute this affidavit of Oahu Publications,Inc.publisher of The Honolulu County Council;now,therefore, BE IT RESOLVED BY THE COUNCIL OF THE COU Star-Advertiser,Midweek,The Garden Island,West Hawaii Today,and Hawaii j OF HAWAII that it is necessary for the public use and Tribune-Herald,that said newspapers are newspapers of general circulation in the State purpose for the benefit of the'County, to wit: construction of a wastewater treatment plant to 1 of Hawaii,and that the attached notice is true notice as was published in the replace existing LCCs in,and serve and address the needs of,the Pahala community,to take,acquire,and condemn the Project Site,wiich is that,portion of the Honolulu Star-Advertiser 0 times on: Property identified as Tax Map Key Number(3)9-6 002:018,containing an area of 14.4 acmes, more or less,situated at Punalu`u-Pa`au'au in the District of Midweek 0 times on: §a��'flsland and County and State of Hawaii,as more specifically shown on the attached Exhibit"A." BE IT FURTHER RESOLVED BY THE COUNCIL. OF THE COUNTY OF HAWAI`l that the Corporation Counsel The Garden Island 0 times on: of the County be and, is hereby,authorized and empowered to initiate proceedings in eminent domain, as provided by law, for'the taking, acquisition and condemnation of the Project Site. Hawaii Tribune-Herald 0 times on: BE IT FURTHER RESOLVED BY THE COUNCIL OF THEICOUNTY OF HAWAI`l that in,the process of said proceedings in eminent domain, the Corporation Counsel be and is hereby authorized and empowered West Hawaii Today 1 times on: to negotiate terms'of settlement.in accordance With the approval of the Court before which such 10/16/2020 proceedings are prosecuted. BE IT FINALLY RESOLVED that this resolution shall Other Publications: 0 times on: take effect upon adoption thereof, and the County Clerk shall transmit copies of this resolution to the Mayors Office; Department of Environmental And that affiant is not a party to or in any way interested in the above entitled matter. Management; Office of the Corporation Counsel; Department of Finance; Trustees of the Estate of Bernice Pauahi Bishop, Community Engagement & Resources, Land Asset Manager; and any identified Lisa Sakakida tenants or occupants of the Project Site. Introduced by: d sw before me this 10ha of OdVkCr A.D.20 D MAILE MEDEIROS DAVID S ed to anY Council Member I HEREBY CERTIFY that the foregoing resolution was ° duly passed on first reading by the Council of the Colleen E.Soranaka,Notary Public of the First Judicial Circuit tatgI �®°�°� County of Hawaii at its meeting held on October 7, My commission expires:Jan 06 2024 .� -'•.°°` °°• IAS =� 2020,by the fallowing Aye/No/Absent/Excused vote: 7 F NOTARY AYES: Council Members David,Eoff, Ad# 0001298994 Q : PUBLIC �� I CSP NO. Kaneali`i-Kleinfelder,Kierkiewicz, Lee Loy,Poindexter,Richards, Villegas,and Chair Chung-9. ® No. 90-263 NOES: None. • ABSENT: None. EXCUSED: None. 1 � (Note: Ms. Kiierkiewicz and Ms. Lee Lo voted "kanalua"then"aye.") y County Clerk County of Hawai'"i Hawaii'County is an Equal Opportunity Provider and Employer (WHT1298994 10/16/20)