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COUNTY OF HAWAI`I STATE OF HAWAI`I
RESOLUTION NO.546 26
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A RIGHT -OF -
ENTRY AGREEMENT WITH THE STATE OF HAWAI`I, DEPARTMENT OF
TRANSPORTATION, TO ACCESS A PORTION OF TAX MAP KEY NO. (3) 2-9-
002:080 FOR THE HAKALAU STREAM BRIDGE REHABILITATION PROJECT.
WHEREAS, Section 46-7 of the Hawaii Revised Statutes requires the consent of the
Council in order for the County to enter into an agreement with the federal government or any
other public body respecting action to be taken pursuant to any of the powers granted to the
County by law to furnish, expend, and receive any funds or other assistance in connection with
projects being or to be undertaken pursuant to those powers; and
WHEREAS, the County owns a certain property designated as Construction Parcel C7,
identified as being a portion of Tax Map Key No. (3) 2-9-002:080, situated at Kama`e`e, North
Hilo, and Hakalau-Nui, South Hilo (hereinafter, the "Property"), as depicted on "Exhibit A",
which is attached hereto; and
WHEREAS, the State of Hawaii, Department of Transportation (hereinafter, "HDOT")
requires access to the Property to commence construction of the highway project known as the
Hawaii Belt Road, Hakalau Stream Bridge Rehabilitation, Federal Aid Project No. BR-019-2
(75) (hereinafter, the "Project"); and
WHEREAS, the Department of Public Works requests that a right -of -entry be granted to
HDOT to allow access to the Property so the Project may proceed without delay; and
WHEREAS, the Project aims to ensure that Hakalau Stream Bridge can better withstand
the increasing frequency and intensity of extreme weather events and continue to provide a
reliable evacuation route; and
WHEREAS, granting the right -of -entry is in the public's best interest as it advances the
construction, preservation, and protection of the Project; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that,
pursuant to Section 46-7 of the Hawaii Revised Statutes, the Mayor is hereby authorized to enter
into a right -of -entry agreement with the State of Hawaii, Department of Transportation, for the
purposes hereinabove described.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to Edwin H. Sniffen, Director of the State of Hawaii, Department of Transportation;
the Honorable C. Kimo Alameda, Mayor of the County of Hawaii; Wesley R. Segawa, Director
of Public Works; and J S. Yoshimoto, Assistant Corporation Counsel.
Dated at
Hawaii, this day of
INTRODUCED BY:
dkWLZ- A '4�
OUNCIL MEMBER, COUNTY OF HAWAI'I
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 Hawai'i on
ATTEST:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
2
I I AYES I NOES I ABS I EX I
GALIIvIBA
HUSTACE
INABA
KAGIWADA
KANEALI' I-KLEINFELDER
KIERKIEWICZ
KIMBALL
ONISHI
VILLEGAS
Reference: C-856/GOEAC
RESOLUTIONNO. 54G 2G
LRB 25-15V9�OIC