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rSY 0I /,' • COUNTY OF HAWAI`I is• STATE OF HAWAI I RESOLUTION NO. 567 26 A RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN,BEING CERTAIN PORTIONS OF TAX MAP KEY NOS. (3) 1-5- 009:012 AND 058,SITUATED AT KEONEPOKO IKI,PUNA,FOR THE CONSTRUCTION AND IMPROVEMENT OF GOVERNMENT BEACH ROAD,A PUBLIC ROADWAY. WHEREAS, pursuant to Hawai`i Revised Statutes, Sections 46-1.5(6),46-61,and 101-2, the County has the authority to exercise the power of eminent domain to take private property for public use,such as a roadway, when in it is in the public interest to do so;and WHEREAS,the County is proceeding with a roadway construction improvement project to improve and widen Government Beach Road,which is a County owned public roadway; and WHEREAS, Lum Family Enterprises, LLC, (hereinafter,"Lum Enterprises") owns the property identified as certain portions of Tax Map Key Nos. (3) 1-5-009:012 and 058,containing approximately 3.74 acres of private property, situated in Keonepoko Iki, Puna(hereinafter, the "Property"), identified as Roadway Lot 1-B and Roadway Lot 2-B and more particularly • described in"Exhibit A", which is attached hereto and incorporated herein by reference; and WHEREAS,the Department of Public Works(hereinafter, "DPW")sought to acquire the Property for the improvement and widening of Government Beach Road; and WHEREAS, DPW was unable to reach an agreement with Luni Enterprises for the acquisition of the Property; and WHEREAS, DPW deems it necessary and advisable to condemn the Property for a public purpose and use,to wit: for the improvement and widening of Government Beach Road; and WHEREAS, Section 101-13 of the Hawai`i Revised Statutes requires that the Council authorize,through resolution,a condemnation action by the County and that the resolution"be published in a newspaper with the ayes and noes, at least one day(Sundays and legal holidays excepted), before final action upon it";now,therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that, pursuant to and in accordance with sections 46-1.5(6),46-61, 101-2, and 101-13 of the Hawai`i Revised Statutes,the Corporation Counsel is hereby authorized and directed to initiate proceedings in eminent domain, as provided by law, for the taking, acquisition, and condemnation of the aforesaid private properties for the purposes hereinabove described. t