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Home My WebLink AboutCOM 0874.001 2022-2024Y,ar y Mitchell D. Roth �' i'� Ramzi 1. Mansour Mayor ,;' Director Deanna S. Sako •r. o: *�� Brenda tolcepa-Moses Managing Director OF VW DeP � a Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street, Suite 41 - Hilo, Hawaii 96720 • cohdemQhawaiicounty.gov Ph: (808) 961-8083 - Fax: (808) 961-8086 MEMORANDUMc DATE: May 8, 2024 TO: Heather Kimball, Council Chair and Members of the Hawai'i County Council FROM: Brenda lokepa-Mos iwa- 1J- WuA Deputy Director, Department of Environment I Management RE: 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. Please find attached proposed amendments to Resolution No. 517-24. The proposed amendments are illustrated in Ramseyer format with respect to the contents of Resolution 517-24, Draft 1. 1. The title of the resolution is amended to read as follows: "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 HAWAFI, FOR CONTINUED USE OF THE WAIEA [CONVENIENCE CENTER] RECYCLING AND TRANSFER STATION BY THE SOLID WASTE DIVISION OF THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT." 2. The second WHEREAS clause is amended to read as follows: "WHEREAS, the County currently leases the subject parcel to operate the Waiea [Gonyeniennn GenteF also mown a6 the ti es] Recycling and Transfer Station; and" �"�vTF'Y"crTfiG�TFIIG47ii�TfL�T � CiTS Hawaii County is an Equal opportunity Employer and Provider Comm. INM Ref.To: Rof. Date Heather Kimball, Council Chair and Members of the Hawaii County Council May 8, 2024 Page 2 of 3 3. The sixth WHEREAS clause is amended to read as follows: "WHEREAS, the [fie] County's exercise of a condemnation suit can simultaneously serve as a quiet title action; and" 4. The first enacting clause is amended to read as follows: "BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI'I that the [acquisition situated at Wa-ea, D'str;Gt of South Kona, County and State of Hawai", fe oontonued use as the Waiea Gonven*enre Center by the Solid Waste Division -of the Department of Environmental Management, in authorized] Council of the County of H_awai i finds it necessary and, in the public interest to take the private property identifies! as 86-3895 Hawai'j Belt Road Captain Cook Hawaii Tax Map Key No. 3 8-6-008:011 as described and delineated in Exhibit "A" for continued public use as a solid waste recycling and transfer station by the Solid Waste Divion of the Department of Environmental Management." 5. The second enacting clause is amended to read as follows: "BE IT FURTHER RESOLVED that [the MaYOr is authorized to exec t Purehase and Sale A,99reement with the Seller Fegarding the subjeet ] the o i'i be authorized and and is hereby C _rporation Counsel of the County of Hawa em owered to initiate proceedings in eminent domain as provided by law, for the taking, ac uisition and condemnation of the aforesaid private ro ert ." 6. A new third clause is inserted as the third enacting clause to read as follows: "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." 7. The fourth and final enacting clause is amended to read as follows: "BE IT FINALLY RESOLVED that the Clerk of the County of Hawaii is directed to transmit copies of this resolution to the owners of the property identified in Exhibit "A" as TMK (3) 8-6-008 01.1, to wit: Kealla Ranch, LLC, P.O. Box 497 Honolulu Hawaii 96809-0497l Noenoe Marks Lindsey, 86-4075 Mamalahoa Highway, Captain Cook, Hawaii 96704, McCandless Land & Cattle Companv, P.O. Box 500 Honaunau, Hawaii 96704: anv other identified owners of record; the Mayor, the Director of Finance, the Director of Environmental Management, and [Kealla panGh L L G] Corporation Counsel." Heather Kimball, Council Chair and Members of the Hawaii County Council May 8, 2024 Page 3 of 3 8. Exhibit "A" is now included as a reference exhibit to this resolution. A draft copy of the text of Resolution No. 517-24 is attached, with an included Exhibit "A", with these proposed amendments incorporated therein. Att. 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 HAWAVI, FOR CONTINUED USE OF THE WAIEA RECYCLING AND TRANSFER STATION 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 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 Hawaii 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 Hawaii 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 Hawaii; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAPI that the Council of the County of Hawaii finds it necessary and in the public interest to take the private property identified as 86-3895 Hawaii Belt Road, Captain Cook, Hawai'i, Tax Map Key No. (3) 8-6-008:011 as described and delineated in Exhibit "A" for continued public use as a solid waste recycling and transfer station by the Solid Waste Divion of the Department of Environmental Management. 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 property. 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 FINALLY RESOLVED that the Clerk of the County of Hawaii is directed to transmit copies of this resolution to the owner(s) of the property identified in Exhibit "A" as TMK (3) 8-6-008:011, to wit; Kealia Ranch, LLC, P.O. Box 497, Honolulu, Hawaii, 96809- 0497; Noenoe Marks Lindsey, 86-4075 Mamalahoa Highway, Captain Cook, Hawaii 96704; McCandless Land & Cattle Company, P.O. Box 500 Honaunau, Hawaii 96704; any other identified owners of record; the Mayor, the Director of Finance, the Director of Environmental Management, and Corporation Counsel. #19837 WAIEA TRANSFER STATION SITE WAIEA TRANSFER STATION SITE Land situated on the Westerly side of South Kona Belt Road (Mamalahoa Highway) (F.A.P. No. 8-B) at Waiea, South Kona, Island and County of Hawaii, State of Hawaii. Being a portion of: Grant 1586 to Preston Cummings. Beginning at the the Southeasterly corner of this parcel of land, being also the a point on the Westerly side of South Kona Belt Road (Mamalahoa Highway ) (F.A.P. No. 8-B), the coordinates of said point of beginning referred to Government Survey Triangulation Station "KALAPA" being 21,880.86 feet South and 112.39 feet West and running by azimuths measured clockwise from True South: Thence, for the next six (6) courses following along the remainder of Grant 1586 to Preston Cummings: 1. 71 ° 27' 30" 270.32 feet to a point; 2. 218D 51' 78,51 feet along the Easterly side of Government Road to a point; 3. 1630 36' 66.86 feet along the Easterly side of Government Road to a point; 4. 120" 09' 30" 120.57 feet along the Easterly side of Government Road to a point; 5. 1680 53' 30" 180.70 feet to a point; 6. 2580 53' 30" 311.65 feet to a point; Exhibit "Ar' #19837 Page 1 of 2 WES THOMAS ASSOCIATES — Land Surveyors — 75-5749 Kalawa Street, Suite 201, Kailua-Kona, Hawaii 96740-1873 #19837 WAIEA TRANSFER STATION SITE Thence, for the next three (3) courses following along the Westerly side of South Kona Belt Road (Mamalahoa Highway) (F.A.P. No. 8-13): Thence, from a tangent azimuth of 347" 320 40" following on a curve to the right with a radius of 971.49 feet, the chord azimuth and distance being: 7. 348° 13' 05" 22,84 feet to a point; 8. 3480 53' 30" 257.07 feet to a point; Thence, following on a curve to the right with a radius of 275.00 feet, the chord azimuth and distance being: 9. 355" 27' 05" 62.83 feet the point of beginning and containing an area of 2282 Acres. Note: This description is based on a survey by Yoshio Inaba on file with the County of Hawaii Planning Department as Subdivision No. 4186, dated September 26, 1978, T. fq� WES THOMAS ASSOCIATES Rd' LICENSED V� P"OFESSIONAL LAND SURVEYOR Chrystal Thomas Yamasaki NO.4331 � 4WAII Licensed Professional Land Surveyor , U S State of Hawaii Certificate No. LS-4331 75-5749 Kalawa Street, Suite 201 Kailua-Kona, Hawaii 96740-1873 TMK: 8-6-008: 011 (3rd Division) May 7, 2024 #19837 Page 2 of 2 WES THOMAS ASSOCIATES — Land Surveyors — 75-5749 Kalawa Street, Suite 201, Kailua-Kona, Hawaii 9674D-1873