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Home My WebLink AboutRES 517 Draft 03 2022-2024JNZYJor•H�h• �i COUNTY OF HAWAII STATE OF HAWAVI 1?•,� rli-re ,•r� �T! 0►•41P1% RESOLUTION NO. i 2 4 ( DRAFT 3 ) 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`l, 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 tide 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 no1100 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; and WHEREAS, 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, Hawaii, Tax Map Key No. (3) 8-6-008:011 as described and delineated in Exhibit "A", attached hereto and incorporated herein by reference, for continued public use as a solid waste recycling and transfer station by the Solid Waste Division of the Department of Environmental Management; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI'I that, pursuant to section 101-13 of the Hawaii Revised Statutes, 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. Dated at Kona , Hawai`i, this 19th day of June 12024 1� N"t, 0110610oxot , Date of -Introduction: -.Tune 5,- 2024 - Date of 1st Reading: June 5, 2024 Date of 2nd Reading: June 19, 2024 OUNCIL MEMBER, COUNTY OF HAWAI`I Effective Date: June 19, 2024 COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on June 19, 2024 ATTEST: _ � f COUN Y ERK IRPERSON & PRESIDING OFFICER ROLL CALL VOTE AYES I NOES ABS EX EVANS X GALIMBA X INABA X KAGIWADA X KANEALI`I-KLEINFELDER X KIERKIEWICZ X KIMBALL X LEE LOY X VILLEGAS X 6 0 3 0 Reference: C-874.4/LAAC-58 RESOLUTION NO. S 0 24 DRAFT 3 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. 8-13) 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. 8-13), 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 1686 to Preston Cummings: 1. 710 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. 1200 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. 2580 53' 30" 311.65 feet to a point; Exhibit tr n " #19837 Page 1 of 2 WES THOMAS ASSOCIATES — Land Surveyors — 75-5749 Kalawa Street, Suite 201, Kailua-Kona, Hawaii 96740-1873 V19U3 ( VVAILA I KAN5t-LK 5 1 A I EUN 51 I E 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 3470 320 40" following on a curve to the right with a radius of 971.49 feet, the chord azimuth and distance being: 7. 3480 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. 3550 27' 05" 62.83 feet the paint 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. I- T. t,A� WES THOMAS ASSOCIATES �LICENSED q� V ► "OFESSIONAL LAND SURVEYOR Chrystal Thomas Yamasakl NO.4331 Licensed Professional Land Surveyor '4ilig11, Usk 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 919837 Page 2 of 2 WES THOMA3 ASSOCIATES — Land Surveyors — 75-5749 Kalawa Street, Suite 201. Kailua-Kona, Hawaii 9674D-1873