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Home My WebLink AboutRES 518 Draft 01 2022-2024 • 4OJM��OFMv ... COUNTY OF HAWAI'I f��''' ''/�•- STATE OF HAWAI`I Air;i1.4-1 RESOLUTION NO. 518 24 AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTIES BY EMINENT DOMAIN, BEING PORTIONS OF TAX MAP KEYS: (3) 1-4-001:002 AND (3) 1-4- 001:003, SITUATED AT KAPOHO,PUNA, COUNTY AND STATE OF HAWAI`I,FOR THE RECONSTRUCTION OF LAVA INUNDATED ROADS, COUNTY JOB NUMBER E-4523, SPECIFICALLY POHOIKI ROAD. WHEREAS, the County of Hawai`i ("County") is proceeding with the reconstruction of lava inundated roads, which includes the reconstruction of Pohoiki Road, situated at Kapoho, Puna, County and State of Hawai`i; and WHEREAS,the properties identified as Lot 2-B and Lot KL-1, as described and delineated in Exhibit"A," are required by the County in order to reconstruct Pohoiki Road in a manner that complies with current County roadway standards, i.e., Lot 2-B and Lot KL-1 are required to widen Pohoiki Road to comply with current County roadway standards; and WHEREAS, the County was unable to reach an agreement with the current owner of Lot 2-B and Lot KL-1 for the purchase and sale of those properties to the County; and WHEREAS, it is therefore necessary that the County exercise its right of eminent domain to acquire Lot 2-B and Lot KL-1 for a public purpose and use, to wit: to widen Pohoiki Road; and WHEREAS,pursuant to Hawai`i Revised Statutes ("HRS") Sections 46-1.5(6), 46-61, and 101-2,the County has the authority to exercise its power of eminent domain to take-private property for public use such as a roadway when in it is in the public interest to do so; and WHEREAS, HRS Section 101-13 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 HAWAI`I that the Council of the County of Hawaii finds it necessary and in the public interest to take the private properties identified as Lot 2-B and Lot KL-1, as described and delineated in Exhibit"A,"for public use as a roadway, to wit: the properties will be used to widen Pohoiki Road when the road is reconstructed as part of the County project entitled Reconstruction of Lava Inundated Roads, Job Number E-4523. BE IT FURTHER RESOLVED that the Corporation Counsel of the County of Hawaii 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 aforesaid private properties. 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, subject to the approval of the court before which such proceedings are prosecuted. BE IT FURTHER RESOLVED that the Clerk of the County of Hawai`i is directed to transmit copies of this resolution to: (1) the owner of the properties identified in Exhibit"A" as Lot 2-B and Lot KL-1, to wit: Kapoho Land and Development Company, Limited, P.O. Box 374, Hilo, Hawai`i, 96721; (2) the Honorable Mitch Roth, Mayor; (3) Stephen Pause, Director of the Department of Public Works; (4) Diane Nakagawa, Director of the Department of Finance; and (5) Sinclair Salas-Ferguson, Deputy Corporation Counsel. Dated at Kona , Hawai`i, this 19th day of June , 20 24 . INTRODUCED BY: ---' Ca _s_7 ,LA/ DIR COUNCIL MEMBER, COUNTY OF HAWAI`I Date of Introduction: June 5, 2024 Date of 1st Reading: June 5, 2024 • Date of 2nd Reading: June 19, 2024 Effective Date: June 19, 2024 COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i EVANS X GALIMBA X I hereby certify that the foregoing RESOLUTION was by INABA X the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA X County of Hawaii on June 19, 2024 KANEALI`I-KLEINFELDER X KIERKIEWICZ X ATTEST: KIMBALL X LEE LOY X VILLEGAS X 8 0 1 0 � c----4/ Reference: C-875/LAAC-59 NT CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 518 24 2 Exhibit A THIS IS NOT A LEGALLY SUBDIVIDED LOT DESCRIPTION LOT 2-B Being a Portion of L.P. 8177 on R.P. 4497,L.C. Aw. 8859-B,Apana 5 to C. Kanaina Situated at Kapoho,Puna,Island of Hawaii,Hawaii Beginning at the northwest corner of this parcel of land and on the north side of Pohoiki Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAPOHO"being 6,087.05 feet South and 21,854.36 feet West and running by azimuths measured clockwise from True South: 1. 306° 08' 30" 1544.17 feet along Remainder Lot 2-A; 2. 216° 08' 30" 15.61 feet along Remainder Lot 2-A; 3. 306° 08' 30" 172.11 feet along Remainder Lot 2-A; 4. 31° 24' 8.12 feet along Remainder Lot 2-A; 5. 121° 24' 272.36 feet along the north side of Pohoiki Road; 6. 126° 08' 30" 1404.95 feet along the north,side of Pohoiki Road; 7. 141° 34' 50" 37.54 feet along the north side of Pohoiki Road; 8. 174° 50' 6.67 feet along the north side of Pohoiki Road to the point of beginning and containing an area of 0.577 acre. ISLAND SURVEY, INC. SURVEYORS P.O.BOX 4215 HILO,HAWAII 96720-0215 LOT 2-B The above-subject Lot is also a portion of an Existing future road widening setback along Kapoho-Pahoa Road and Pohoiki Road. March 19,2024 ISLAND SURVEY,INC. Hilo,Hawaii gji LICENSED P( R7 \OFEONAL �, TMK:1-4-001:002 portion '�' suit% ROBERT T. SHIRAI No.i<986 Licensed Professional A i I 0 Land Surveyor 5985 License expires 04/30/26 2 ISLAND SURVEY, INC. SURVEYORS P.O.BOX 4215 HILO,HAWAII 96720-0215 THIS IS NOT A LEGALLY SUBDIVIDED LOT DESCRIPTION LOT KL-1 Being a Portion of L.P. 8177 on R.P.4497,L.C.Aw. 8559-B,Apana 5 to C. Kanaina Situated at Kapoho,Puna,Island,of Hawaii,Hawaii. Beginning at the southeast corner of this parcel of land,the coordinates of said point of beginning referred to Government Survey Triangulation Station"KAPOHO"being 6,928.36 feet South and 20,838.04 feet West and running by azimuths measured clockwise from.True South: 1. 126° 08' 30" 1031.95 feet along Remainder Lot; 2. 141° 34' 50" 56.35 feet along Nanawale Forest Reserve; 3. 306° 08' 30" 1086.26 feet along the south side of Pohoiki Road; 4. 36° 08' 30" 15.00 feet along Lot 14 of Pohoiki Bay Estates, Unit 1 to the point of beginning and containing an area of 0.365 acre. March 19,2024 ISLAND SURVEY, INC. Hilo,Hawaii CP JP 11, MEMO PROFESSIONAL TMK:1-4-001:003 portion * au y!as *r ROBERT T. SHIRAI 'a".55" Licensed Professional /'r. Land Surveyor 5985 A '0. License expires 04/30/26 ISLAND SURVEY, INC. SURVEYORS P.O,sox 4215 HILO,HAWAII 96720-0215 • / P:•O;••/ iw 4i, Poncho Land end Development Ca..Ltd. / / P y kOwner -•P / Kapoha Land artnenfilp—Lessee +1ao i. / j / . ,3�Fy / i.,34/ REMAINDER LOT 2—A y� a / ti06y t ACRES °P / �.. • �` / I:XI^:T00 FUTURE ROAD X.YPt' 216'08'36"15.91- O I VADENING SETBACK ONE /. 'R ' j) -5. LOT 2-B o y. . P l- `'D 0.577 ACRE 1'0 30 15 31'24' 8.12 — — - 5 2 6 8 3U6'08'3tl 172.12 1759.02J :2b?\\ 6.67 .._. __.. _. __.306p8_30"_._ __.. .._ _ _ ='�'_ ___ —1544.17_._ _-. ._. ..._.. ....._ _ — .._ 61- 272 2031.38 6,087.05 S 121'24 21,854.36 W 141'34'50"37.54 P O N O I K I 126'08'30' R O A D 1404.95 _ _. "KAPOHO"A _ 306'08'30" — 1086.26 - -- o fb 0S 726'08'30" — 1031.95 —-- VmFNiNC r fiornoL t� LOT KL-1 20 838.04 W 0.365 ACRE "KAPOHO"A oo 74f;34.$G, '" REMAINDER LOT M LOT 1D> 3.376 ACRES S a 1 NAN ale of FOREST RFSFRLE `� o] Lot 3 State of Nowa(Owner) ✓Oman°Land and D0.evelopment Ca,Ltd. N b Lot 1 Lot 2 1126'93 LOT 4 LOT 5 n OIKI BAY ESTATES Lat 14 Kopoho Land and Development Co„Ltd. If N I T . Owner GRANT 1 3, 1 5 6 TO KAPOLITZ LAND AND DEVELOPMENT COMPANY, ,.i td I T E 0 .. PRELIMINARY MAPPING — NOT APPROVED �sv i� PLAN SHOWING NOTES: (4°6 �� THE SUBDIVISION OF LOT 2 INTO Origin of Azimuths"KAPOHO"A s'"w19e * REMAINDER LOT 2—A AND LOT 2—B Coordinates referred to"KAPOHO"A and Is adopting State of Hawaii DOT mop >wss AND THE SUBDIVISION OF A PORTION OF LP.8177 ON Pahaa-Kapoho Road Praj No.A-132-01-60 R.P.4497,LC.AW.6559-B,APANA 5 TO C.KANAINA INTO Owners of subject lots as noted hereon to include II REMAINDER LOT AND LOT KL-1 owners of adjoining lots This work was prepared by ma BOTH BEING PORTIONS OF LP.8177 ON R.P.4497, of under my ouperwlm. LC.AW.8559-8,APANA 5 TO C.KANAINA J-.- ) KAPOHO,PUNA,ISLAND OF HAWAII.HAWAII ROBERT T.SMRAI,PL, Survey and Plan by Island Survey,Inc. State of Harrod Cert.No.LS-5oo5 P.O.Box 4215.Hilo,Hawaii 96720 Menge r plro.April 30,2026 March 19,2024 Tax Mop Key.(3)1-4-001:002 d:0D3 it-MI Size 15"x 24"=2.50 Sq.Ft.