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Home My WebLink AboutRES 517 Draft 02 2022-2024 • COUNTY OF HAWAI`I :•��`:_''"_''/ • STATE OF HAWAII . 7TE OF•N4' RESOLUTION NO. 517 24 (DRAFT 2) 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 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 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 Council of the County of Hawai`i finds it necessary and in the public interest to take the private property identified as 86-3895 Hawai`i 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 Division of the Department of Environmental Management. BE IT FURTHER RESOLVED that the Corporation Counsel of the County of Hawai`i 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 Hawai`i 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, Hawai`i 96809-0497;Noenoe Marks Lindsey, 86-4075 Mamalahoa Highway, Captain Cook, Hawai`i 96704; McCandless Land & Cattle Company, P. O. Box 500 Honaunau, Hawai`i 96704; any other identified owners of record; the Mayor,the Director of Finance, the Director of Environmental Management, and Corporation Counsel. Dated at , Hawai`i, this day of , 20 . INTRODUCED BY: eR COUNCIL MEMBER, CO TY OF HAWAI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i 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-874.2/LAAC-58 COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 517 24. (DRAFT 2) 2 • #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. 218° 51' 78,51 feet along the Easterly side of Government Road to a point; 3. 163° 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. 168° 53' 30" 180.70 feet to a point; 6. 258° 53' 30" 311.65 feet to a point; EXhibit "Aft #19837 Page 1 of 2 WES THOMAS ASSOCIATES — Land Surveyors— 75-5749 Kalawa Street, Suite 201, Kailue-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-B): Thence, from a tangent azimuth of 347° 32° 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. 348° 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 2.282 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, A� WES THOMAS ASSOCIATES (Co...�� LICENSED 9� V ►ROFESSIONAL r;%C.G • LAND * SURVEYOR Chrystal Thomas Yamasaki No,4331 Licensed Professional Land Surveyor 414/Ali,VSP 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 — Lend Surveyors— 75-5749 Kalawa Street, Suite 201. Keilua-Kona, Hawaii 96740-1873 • I� r� 4 .per...., So!?li KORA BELT ROAD 7.ea..A..Gene.v-.n Am .w.'w-. WfJOY dr\ - I .Me]r'.C• — BYO `_ _�ll ��. 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