HomeMy WebLinkAboutRES 517 Draft 01 2022-2024 S*ZY OF......
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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