Loading...
HomeMy WebLinkAboutRES 517 Draft 01 2022-2024 S*ZY OF...... • COUNTY OF HAWAI �, I STATE OF HAWAI I RESOLUTION NO. 517 24 A RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN OF TAX MAP KEY NO. (3) 8-6-008:011, SITUATED AT WAIEA, DISTRICT OF SOUTH KONA, COUNTY AND STATE OF HAWAI`I,FOR CONTINUED USE OF THE WAIEA CONVENIENCE CENTER BY THE SOLID WASTE DIVISION OF THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. WHEREAS, Kealia Ranch LLC ("Seller") along with other identified and unidentified parties, owns approximately 2.282 acres of land in Waiea, District of South Kona, covered by Tax Map Key No. (3) 8-6-008:011; and WHEREAS,the County currently leases the subject parcel to operate the Waiea Convenience Center, also known as the Waiea Recycling and Transfer Station; and WHEREAS, the subject parcel has been prioritized for acquisition by direct purchase by the County through the Department of Environmental Management Solid Waste Division, for continued use as a solid waste recycling and transfer station; and WHEREAS, due to a cloud on title, direct purchase from only one owner via a quit claim deed is not in the County's best interest; and WHEREAS,the County does not have the ability to accomplish a thorough title search and identify and serve all possible owners; and WHEREAS, the County's exercise of a condemnation suit can simultaneously serve as a quiet title action; and WHEREAS, such acquisition requires approval by the Hawai`i County Council; and WHEREAS, the County has determined the fair market purchase price of the property by obtaining an independent appraisal, of two hundred forty-seven thousand and no/100 dollars ($247,000.00); and WHEREAS, the acquisition of the subject parcel, which will not result in a change to existing operations, has been determined to be exempt from the environmental assessment requirements of the Hawai`i Revised Statutes, section 343(b)(5), and notice of such has been published in The Environmental Notice on August 8, 2023, by the Environmental Review Program, Office of Planning and Sustainable Development, State of Hawaii; and WHEREAS,the acquisition of the subject parcel is deemed to be for a public purpose and its intended continued use is in alignment with the Solid Waste Division's goal of providing convenient household solid waste and recycling services for the residents of the District of South Kona on the Island of Hawai`i; now,therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the acquisition of that parcel covered by Tax Map Key No. (3) 8-6-008:011, situated at Waiea, District of South Kona, County and State of Hawai`i, for continued use as the Waiea Convenience Center by the Solid Waste Division of the Department of Environmental Management, is authorized. BE IT FURTHER RESOLVED that the Mayor is authorized to execute a Purchase and Sale Agreement with the Seller regarding the subject parcel. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Mayor,the Director of Finance, the Director of Environmental Management, and Kealia Ranch LLC. Dated at , Hawai`i,this day of , 20_. INTRODUCED BY: 407) C14 ei_j_e4,,, BIR N' COUNCIL MEMBER, COUNTY OF HAWAI`I Date of Introduction: Date of lst Reading: Date of 2nd Reading: Effective Date: COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawai`i EVANS GALIMBA I hereby certify that the foregoing RESOLUTION was by INABA the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA County of Hawai`i on KANEALI`I-KLEINFELDER KIERKIEWICZ ATTEST: KIMBALL LEE LOY VILLEGAS Reference: C-874/LAAC COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 517 24