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HomeMy WebLinkAboutRES 517 Draft 2 -2022-2024A 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 968090497; 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: _______________________________________ COUNCIL MEMBER, COUNTY OF HAWAI‘I 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.