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Home My WebLink AboutRES 567 Draft 01 2024-2026 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 BE IT FURTHER RESOLVED that in the process of said proceedings in eminent domain, the Corporation Counsel is hereby authorized to negotiate terms of settlement, subject to the approval of the court before which such proceedings are conducted. BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to initiate any funding mechanisms required for the acquisition of the Property. BE IT FINALLY RESOLVED that the County Clerk is directed to transmit a copy of this resolution to the Honorable C. Kimo Alameda, Mayor of the County of Hawai`i; Diane T. Nakagawa, Director of Finance; Wesley R. Segawa, Director of Public Works; Sinclair Salas- Ferguson, Deputy Corporation Counsel; and Wayland Lum, Lum Family Enterprises, LLC, 44- 647 A Kaneohe Bay Drive, Kaneohe, HI 96744. Dated at , Hawai`i, this day of , 20 INTRODUCED BY: AL.A.......A-LZ:" 2cf-er 02- UNCIL MEMB R, COUNTY OF HAWAI`I Date of Introduction: Date of I.'Reading: Date of 2nd Reading: Effective Date: COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii GALIMBA • HUSTACE I hereby certify that the foregoing RESOLUTION was by INABA the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA County of Hawai`i on KANEALI`I-KLEINFELDER KIERKIEWICZ ATTEST: KIMBALL ONISHI VILLEGAS Reference: C-886/LAAC COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 567 26 I iIIiII 111111 I 11:11111 2 LRB 25-165 DAN EXHIBIT A LOT 1-B (Addition to Government Beach Road Right -of -Way) Being a portion of Grant 1.533 to Kekoa At Keonepoko - Iki, Puna, Island of Hawaii, I-lawaii D E S C R I P T 1 0 N Beginning at the west corner of this parcel of land, along the cast side of Lot 1, Government Land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAP0110" being 25,289.02 feet North and 22,487.67 feet West, and running by azimuths measured clockwise from True South: 1. 219" 32' 10" 40.02 feet along Lot I -B, being a portion of Grant 1533 to Kekoa; 2. 30711 40' 15" 109.47 feet along the southwesterly side of Government Beach Road (10-feet wide); 3. 29711 45' 30" 124.32 feet along same; 4. 3060 08' 10" 131.55 feet along same; 5. 2920 29' 54.71 feet along same; 6. 298" 32' 15" 60.25 feet along same; 7. 294') 16' 116.23 feet along same; 8. 299" 57' 20" 139.28 feet along same; 9. 297 24' 15" 254.13 feet along same; 10, 420 25' 05" 41.41 feet along Lot 2, being a portion of Grant 1533 to Kekoa; 11. 117" 24' 15" 244.29 feet along Lot I -A, being a portion of Grant 1533 to Kekoa; 12. 1190 57' 20" 138.18 feet along same; 13. 1140 16' 115.73 feet along same; 14. 1180 32' 15" 59.63 feet along same; 15. 1120 29' 57.38 feet along same; 16. 1260 08' 10" 133.42 feet along same; - I - 17. 117" 45' 30" 124.86 feet along same; 18. 127" 40' 15" 114.24 feet along same to the point of beginning and containing an area of 0.91 Acres. LICENSED PROFESSIONAL 1k LAND SURVEYOR No. 20616 ygwA11, 5, Aupuni Center 101 Pau.ahi Street, Suite 7 Hilo, Hawaii 96720-4224 April 8, 2026 Engineering Division Department of Public Works County of Hawaii �DO'7 ""-`�`�C 4/30/28 Tax Map Key: (3`d Div.) 1-5-009: 058 (por.) -2- ration D e of th License GOVERN MEN 9.aJ z2s..i2 �s 7 25.209.02 'W. 2 {aJ.6J ITa6'3p' NAPOHO'A 24.6 / L 3 LOT 1 swe� w,a.er LOT 1-A 49.09 Ac. _ Io c � t-5-009: 0 6x6. )S S.ol�Ow�eH; wa. — 1ap 1,lire.N.J I-5-a.9. 051 6.2J 354]J1S 40-Feet Setback A C H _ ROAD ow Future Road Witlening Setback (55-Feet Wlda) 20 598612'11 20B is LOT 1-8 (R-d'.y) 0.91 Ac. I 5 3 3 n e u Limr -,p mn-, uG./ w"Ao.�a 1„m 0.mr: Wm -a 47 KEnta BH LLC. 21 /Cl Mn.. �' A Kama ne -252J DMSION CHIEF 1; nPPFOVEO 9Y 11�� GIREn ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS - COUNTY OF HAWAII (ADDITION TO GOVERNMENT BEACH ROAD RIGHT-OF-WAY) PLAN SHOWING SUBDMSION OF LOT 1 BEING A PORTION OF GRANT 1533 TO KEKOA INTO LOTS 1-A AND 1-8 (ROADWAY) K.... poko - Iki, Pun. o I6lontl i Ho-ii. Hawaii 0 FEET '�OV D. pqy a�CJ/29 LOT 2-B (Addition to Government Beach Road Right--of-Way) Being a portion of Grant 1533 to Kekoa At Keonepoko - Iki, Puna, Island of Hawaii, Hawaii Beginning at the west corner of this parcel of land, along the east side of Lot 1, being a portion of Grant 1533 to Kekoa, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAPOHO" being 24,803.02 feet North and 21,631.62 feet West, and running by azimuths measured clockwise from `Prue South: 1. 2220 25' 05" 41.41 feet along Lot 1, being a portion of Grant 1533 to Kekoa; 2. 2970 24' 15" 1.69 feet along the southwesterly side of Government Beach Road (I0-feetwide); 3. 2970 24' 291.62 feet along same; 4. 3010 48' 80.59 feet along same; 5. 2900 38' 34.86 feet along same; 6. 297° 43' 30" 277.37 feet along same; 7. 2960 03' 252.58 feet along same; 8. 2980 48' 115.01 feet along same; 9. 295° 54' 107.83 feet along same; 10. 3000 46' 80.07 feet along same; 11. 295° 06' 115.01 feet along salve; 12. 300" 40' 66.83 feet along same; 13. 297° 02' 228.57 feet along same; 14. 3000 32' 30" 95.16 feet along same; 1.5. 2930 55' 76.39 feet along same; 16. 2990 01' 99.94 feet along same; 17. 295° 26' 70.82 feet along same; 18. 299° 18' 114.58 feet along same; -1- 19. 296" 00' 172.67 feet along same; 20. 2920 13' 91.31 feet along same; 2L 2950 14' 117.26 feet along same; 22. 290" 46' 153.29 feet along same; 23. 288" 44' 362.41 feet along same; 24. 2890 52' 30" 79.99 feet along same; 25. 57" 02' 20" 50.19 feet along Hawaiian Beaches Subdivision, being a portion of Apana 1 of Royal Patent 8095, I,and Commission Award 11216, Apana 40 to M. Kekauonohi, as shown on File Plan 693; 26. 109" 52' 30" 49.27 feet along Lot 2-A, being a portion of Grant 1533 to Kekoa; 27. 1.08° 44' 362.72 feet along same; 28. 1100 46' 155.56 feet along same; 29. 1150 14' 117.77 feet along same; 30. 1120 13' 91.58 feet along same; 31. 1160 00' 175.14 feet along same; 32. 1190 18' 114.38 feet along same; 33. 1 15" 26' 70.72 feet along same; 34. 1190 01.' 99.41 feet along same; 35. 1130 5.5' 76.92 feet along same; 36. 1200 32' 30" 96.25 feet along same; 37. 1170 02' 228.61 feet along same; 38. 120° 40' 66.1.5 feet along same; 39. 11.5" 06' 115.0.5 feet along same; 40. 1200 46' 80.36 feet along same; -2- 41. 1150 54' 107.14 feet along same; 42. 118) 48' 115.06 feet along same; 43. 1160 03' 252.20 feet along same; 44. 117" 43' 30" 275.49 feet along same; 45. 1100 38' 36.29 feet along same; 46. 121() 48' 82.96 feet along same; 47, 1170 24' 302.50 feet along same to the point of beginning and containing an area of 2.83 acres. 0� , D. D LICENSED Engineering Division P, ESSIONAL LAND SURVEYOR V YO 0 :RE R F U 5 P• � ��--� U : 0, 0 PROFESSIONAL Department of Public Works LAND SURVEYOR County of Hawaii No. 20616 4/30/28 ,-E iration It �oc License Aupuni Center 101 Pa.uahi Street, Suite 7 Hilo, Hawaii 96720-4224 April 8, 2026 Tax Map Key: (3'*d Div.) 1-5-009: 012 (por.) am