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Home My WebLink AboutDIG Eminent Domain RES 517-24 (2022-2024)COUNTY OF HAWAI`I STATE OF HAWAI`I 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 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 HAWAI`I 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, 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 Division 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. Introduced by: HOLEKA GORO INABA Council Member I HEREBY CERTIFY that the foregoing resolution was duly passed on first reading by the Council of the County of Hawaii at its meeting held on June 5, 2024, by the following Aye/No/Absent/Excused vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball — 8. Noes: None. Absent: Council Member Galimba —1. Excused: None. County Clerk County of Hawaii (Hawai`i Tribune Herald — June 14, 2024) (West Hawaii Today — June 14, 2024) Hawai `i County is an Equal Opportunity Provider and Employer AFFIDAVIT OF PUBLICATION IN THE MATTER OF COUNTY OF RAWAYI - RESOLUTION NO. S 17-24, ➢RAFT 2 STATE OF HAWAII } )SS. City and County of Honolulu } Doc. Date: 12924 # Pages: 1 Notary Name: COLLEEN E. SORANAKA First Judicial Circuit Doc. Description: Affidavit of`C , Public ; ` G ............... S{, pg NOTARY SUN 17 2024 ' C>' Pl.B is Notary Signature Date " N No.90-263 C- i'11= N {' t Iajur. Iy IyiaNu ucrug uury swuur, ucEu5c5 MIu auy�, MUL 51M to a cicM„ uuiy -' •. r r , r , , <,, ` authorized to execute this affidavit of Oahu Publications, Inc. publisher of The Honolulu Star -Advertiser, MidWeek The Garden Island, West Hawaii Today, and Hawaii Tribune -Herald, that said newspapers are newspapers of general circulation in the State of Hawaii, and that the attached notice is true notice as was published in the Honolulu Star -Advertiser 0 times on: MidWeek 0 times on: The Garden Island 0 times on: Hawaii Tribune -Herald 1 times on: 06/14/2024 West Hawaii Today 0 times on: Other Publications: 0 times on: And that arrant is not a party to or in any way interested in the above entitled matter. IM!94 Kimberly Masu 01�day ri tD and s me this of A41tw A.D. 20W Colleen E, Soranaka, Notary Public of the First Judicial Circuit, State ofjH, avaii , , My commission expires: Jan 05 2028 Ad # 0001451861 = ' G . NOTfiI?Y = U : PUBLIC ' No.90-263 1' S' •. �wt ICSP.NO.: AFFIDAVIT OF PUBLICATION IN THE MATTER OIL COUNTY OF HAWAVI - RESOLUTION NO. 517-24, DRAFT 2 STATE OF HAWAII } }Ss. City and County of Honolulu } Doc. Date: J U N 14 2024 # Pages: 1 Notary Nacne:COLLEENE.SORANAKA First Judicial Circult Doc. Description: Affidavit of Publication JUN 1 7 2024 PUBLIC Notary Signature Date - INTO. 90-263 r� l- t-; Kimberly Masu being duly sworn, deposes and says that she is a cleric, duly ',, , , , ; , ; , . ," authorized to execute this affidavit of Oahu Publications, Inc. publisher afThe Honolulu Star -Advertiser, MidWeck, The Garden Island, West Hawaii Today, and Hawaii Tribune -Herald, that said newspapers are newspapers of general circulation in the State of Hawaii, and that the attached notice is true notice as was published in the Honolulu Star -Advertiser 0 times on: Mid Week 0 times on: The Garden Island 0 times on: Hawaii Tribune -Herald 0 times on: West Hawaii Today 1 times on: 06/14/2024 Other Publications: 0 times on: And that affiant is not a party to or in any way interested in the above entitled matter. \�RA r Kimberly Masu scribe to and sw are me this day of A.D. 214 Colleen E. Soranaka, Notary Public of the First Judicial Circuit,,State, of@4aw8i., I' My commission expires: Jan 06 2028 ;J Ad# 0001457868 N 0 77,RY FU3LiC - No. 90-263' C.GUNETY OE.H.AWAIT STATOE HAWAI't RESOLUTION NO 517-24, DRAFT 2;- stat!on and WHEREAS, due to a cloud on title, direct purchase from only oire 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 tlNe search artd idertEifand serve all possible owners; and WHEREAS, the Comity's exercise;:. of a. condemnation sult . can slmalEaneausty serve as a qule4 title actaon;and WflERE4S such acquisition requires approval by the Hawail`l County Cound1 and t4HE0EAS, the Couoty has. deetermined the fait market purchase price of the property by obtaining an Independelrt appraisal, of two hundred. faq-seven thousand and na/1QO dollars q$247,000.001 and WHEREAS, the: acgw5ftianof the subject parcel, which will net result in a change+to exrsiing;'uperations;' hag been. deterrained. to be exempt. from. the environmental assessmerd requirements'orthe Hawai:i)tevised Statutes, section 343(t)(% and notice of such: has been published,in The Environmeiital Notice on August 8, 20M' by the Environmental Review Program Once of Planning and Sustainable Development; State of. Hawal r; and WHEREAS, :tile acquisition' of the spblot parcel is deelned.,ta be for a'. public purpose and its intended continued.. use is -in alignment v lth the Solid Was, :Division's; goal of providing convenient household solidwaste and reayefing setvim.for the residents of the District of SoWh Kona on the Island of Hawal'i; how; tharefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI'I that the COncit of the Coanty of Hawaii :Anda it necessanl and in the oublic:lnterest to. take i0rid:Waste Division of the Department of Environmental Management..::: BE IT FURTHER RESOLVED that the Corporation Counsel 00 the County lawar'i.be and is Hereby adho6zed and empowered to. Initiate proceedings eminent `domain, as provided by taw, for. the #akrng, aoquisitlon : i andemnatron ofthe aforesaid (tvate properly SE :ff FURTHER RESOLVED that !n the process of said proceedings. mi. aent domain, th.e CM.o.ratibn Counsel be aid is:hereby atithoriaed. nryowered to riegotlate temrs of settlement, .subject to the approval of the:co efarahbich srich proceedings ale prosecutted BENT RNAUX RESOLVED that The, Clerk of the Cour . of Hawal'i is dirW a tranimit copies of this resolution to the-'otivnegs) of the 0160erlyioentliled xhik "A as TMK :(3)8 6-:00nn, to:wit; Keaiia Ranch, LLCj PA 'Box. 4! 'NolaluF Hawaii: §6809-0497; Noenoe Marks Lindsey; 86.4475.:blamalah rghway,;taptain Cook Hawai`196704; NlcCandlass LaOd R, Cattle COmpa and Corpsorallon Counsel -- - a .... Noes Neae;' Rtrseni, GowteCiiPAemberQakmha-Y:; Excused None.` County Clerk County of Hawaii Hawan County is an EqualOpportuhq proocler.an ICSP. NO.: