HomeMy WebLinkAboutRES 517 Draft 01 2022-2024
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 Hawai‘i; 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 HAWAI‘I 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:
___________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
COUNTY COUNCIL
County of Hawai‘i
Hilo, Hawai‘i
ROLL CALL VOTE
AYES
NOES
ABS
EX
EVANS
GALIMBA
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai‘i on _____________________________________.
INABA
KAGIWADA
KĀNEALI‘I-KLEINFELDER
KIERKIEWICZ
ATTEST:
KIMBALL
LEE LOY
VILLEGAS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.