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Home My WebLink AboutRES 031 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 3~ ®.3 AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, BEING A PORTION OF TAX MAP KEY:(3)8-1-007:045, SITUATE AT ONOULI 2 AND KEOPUKA, SOUTH KONA, COUNTY AND STATE OF HAWAII, FOR THE DEVELOPMENT AND CONSTRUCTION OF A BYPASS HIGHWAY BETWEEN THE VICINITY OF KEAUHOU AND CAPTAIN COOK, KONA, HAWAII. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, a bypass highway has been planned and is being developed to run makai of the Mamalahoa Highway from the area of Keauhou to its terminus with the Mamalahoa Highway in the vicinity of Napo'opo'o Road; and WHEREAS, the Kona Regional Plan identified the current Mamalahoa Highway as inadequate to handle the volume of traffic currently traversing on the roadway; and WHEREAS, the proposed Mamalahoa Bypass Highway has been determined by the County of Hawaii, through its County Council, as providing a regional benefit for a public purpose and use which will benefit the County of Hawaii; and WHEREAS, the alignment of the bypass highway will traverse a portion of the property identified as Tax Map Key:(3)8-1-007:045, owned by (1) Robert Nigel Richards, Trustee under the Marilyn Sue Wilson Trust, as to an undivided 25% interest, and Trustee under the Joan Elizabeth Coupe Trust as to an undivided 25% interest; (2) Charles William Coupe and Joan Elizabeth Coupe as to an undivided 3% interest; (3) Miles Hugh Wilson as to an undivided 3% interest; and (4) Joan Coupe, Trustee under Revocable Trust of Joan Coupe, as to an undivided 44% interest; and WHEREAS, it is necessary for the County of Hawaii to acquire this right-of-way more particularly described in Exhibit "A" and delineated on Exhibit "B" attached hereto, requiring that the County of Hawaii invoke its condemnation powers in acquiring a portion of the private property to complete the bypass highway; and WHEREAS, Section 101-13 of the Hawaii Revised Statutes requires that a condemnation action by the County of Hawaii must be authorized by a resolution of the County Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is necessary for the public use and purpose, to wit: the construction and development of a road intended to bypass the Mamalahoa Highway in the approximate vicinity between Keauhou and Captain Cook, Kona, to acquire and condemn a portion of that certain private property identified as Tax Map Key:(3)8-1-007:045, described in Exhibit "A" and delineated on Exhibit "B" attached hereto. 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 in accordance with section 2-10, Hawaii County Code, and the approval of the court before which such proceedings are prosecuted. BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii is directed to transmit copies of this resolution to (1) the Honorable Harry Kim, Mayor of the County of Hawaii; (2) the Department of Public Works; (3) the Office of the Corporation Counsel; and (4) the property owners of Tax Map Key:(3)8-1-007:045. INTRODUCED BY: b ~ COUNCIL MEMBER, OUNTY OF HAWAII Date of Introduction Date of Publication Date of 2nd Reading COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii ARAKAKI I hereby certify that the foregoing RESOLUTION was by CHUNG the vote indicated to the right hereof adopted by the ELARIONOFF COUNCIL of the County of Hawaii on HOLSCHUH ATTEST: JACOBSON LEITHEAD-TODD REYNOLDS SAFARIK TYLER Reference C-72/FC COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 3~i PROPOSED PORTION OF HOKLJLI'A BYPASS ROAD OVER, ACROSS AND UPON THE FOLLOWING: GRANT 1162 TO F.O. SCHULZE AND GRANT 2862 TO AWAPUA AT ONOULI 2 AND KEOPUKA, SOUTH KONA, ISLAND OF HAWAII, HAWAII Beginning at the Northwest comer of this portion of roadway, along R.P. 4386 & 7146, L.C.Aw. 8452, Ap. 11 to A. Keahokalole, the coordinates of said point of beginnutg refereed to Government Survey Triangulation Station "PUU OHAU",being 3,689.72 feet South and 7,539.92 feet East and thence r,,+,n~.,g by azimuths measured clockwise Erom true South: 1. 240° 19' 30" 43.43 feet along a stonewall across the remainder of the Proposcd Hokuli'a Bypass Road, being a portion of R.P. 4386 & 7146, L.C.AW. 8542, Ap. 11 to A. Keahokalole; 2. 238° 12' 30" 76.94 feet along a stonewall across the remainder of the Proposed Hokuli'a Bypass Road, being a portion of RP. 4386 & 7146, L.CAW. 8542, Ap. 11 to A. Keahokalole; 3. 333° 20' 986.94 feet along the remainder of Grant 1162 to F.O. Schulze; 4. G3° 20' 20.00 feet along the remainder of Grant 1162 to F.O. Schulze; 5. 333° 20' 108.95 feet along the remainder of Grant 1162 to F.O. Schulze; G. 64° 50' 25" 80.03 feet across the remainder of the Proposed Hokuli'a Bypass Road, being a portion of Grant 1162 to F.O. Schulze; -1- 120 Waw4amib Road %I' EXHIBIT °A° Plannag Suite 111 ~~`I Engineering Honolulu Hawa« 968I7J911 Emiroru+rontal Services Tekphone 808 8121117 Pfsotogrammetry Eaaeoeelz,v7~ EZ. M. TOW[LL CORPORATION surveying eMaa mnaw:pOi~one.com s r« c e s~ a o Cansvuc[ion Management 7. 153° 20' 106.84 feet along the remainder of Grant 1162 to F.O. Schulze; 8. 243° 20' 20.00 feet along the remainder of Grant 1162 to F.O. Schulze; 9. 153° 20' 977.78 feet along the remainder of Grant 1162 to F.O. Schulze to the point of beginning and containing an azea of 2.90 Acres, more or less. FIGUFi,9 O,y QJ LICENSED PROFESSIONAL Description Prepazed by: ~C SURVEYOR No. 4729 R M. TOW CORPORATION y~~'All, U 5P 73-5574 Maiau Street, Bay 11B Russell Figueire Kailua-Kona, Hawaii 96740 Licensed Professional Land Surveyor Septanber 16, 1999 Ccrtificate Number 4729 -2- {20 Waiakamib Raad ~ ~ I P4nning Suite {11 Engineering Hono4Au Haw]« 96817J9{ I Enworvnengl Ser«ces r F,eoe°a{08zl~w~il~ EZ. M. TOWILL CORPORATION Ph°`°g<'1"'1!`" eMap fm]°wi110igne.!°m f I N C E 1!] O (,0°Sfl°Cf10n Mlnlglmenl -o ~a5~ ' t 0 o ~-e°~ , 0 1~k~, ~ P i. 6 - ' ~ i X35 ~ g ~ a~ ''g. ~ ~ 3 - 3689.2 s '1539.92 E ~ "Pw Ohou` D , ~ ~GrJ~y~ NO. SW O , ao F ~O \ Portlon of ~ Proposed ~~~2 , Hokuli'a Bypass Road 2.G0 Acres ~cP~t fl'~ (more or less) $r~` bg~1G, OG\~ a9 b3S~ 333 2 ~O ~ ~P n3'1o \~pk P~,aP ~O mot 3 2~~02 °s mot ~ m Portlon of ~a~t ~ Proposed Hokul'la Bypass Road ~ Over, Across and Upon 3 Grant 1162 to P.O. Schulze and ~ o Grant 2862 to Awapua 'Po At Onovlt 2 and Keopuka, South Kona, 99 Island of Hawall, Hawaii Tax Map Key: B-I-O~: por. 45 EXHIBIT "B" RHTG Ref. No.. 1-18513-2-5 / 73-55'14 rialau Stree G, IIB FN.. 6rant1162Dr+g ~I R. 1V1. ~~u. ~~i~~~ON Kallua~re, Flowatl 96'140 '``t n«u Scptemlxr 16, 1999