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Home My WebLink AboutRES 031 Draft 02 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 3~ (13 (Draft 2) 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 KEbPUKA, 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 Napii'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. ~E 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. SE 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 ~'ublic Works; (3) fihe Office of the Corporation Counsel; and (4) the property owners of Tax Map Key:(3)8-1-007:045. INTR CED ~Y: b ~ r COUNCIL MEMS R, COUNTY F HAWAII Date of Introduction January 23, 2003 Date of publication February 2, 2003 Date of 2nd Reading February 5, 2003 COUNTY COUNCIL ROLL CALL VOTE County of Hawaii 'x9110, HaWal`I AYES NOES ABS EX ARAKAKI I hereby certify that the foregoing RESOLUTION was by CHUNG x the vote indicated to the right hereof adopted by the ELARIONOFF COUNCIL of the County of Hawaii on ~~,~~u~ry 5 , 200 3 HoLSCHUH x ATTEST: JACOBSON LEITHEAD-TODD REYNOLDS X SAFARIK TYLER ~i1 Reference C-72.3/P-Council CO~ Y CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. (Draft 2 ) PARCEL I8 OF MAMALAHOA BYPASS ROAD SAME BEING ALSO A PORTION OF GRANT 1 ] 62 TO F.O. SCHL'LZE AT ONOULI 2ND, SOUTH KONA, ISLAND OF HAWAII, HAWAII Beginning at the southeast comer of this parcel of land, being also the northeast comer of Parcel ]9 of Mamalahoa Bypass Road, same being also a portion of Grant 1102 to F.O. Schulze, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU", being 4,603.49 feet South and 8,144.35 feet East and thence running by azimuths measured clockwise from true South: 1. 64" 50' 2S" 120.04 feet along Pazcel 19 of Mamalahoa Bypass Road, same being also a portion of Grant 1162 to F.O. Schulze; 2. 153° 20' 89.82 feet along Lot 18-A, being a portion of Grant 1762 to F.O. Schulze; 3. 63° 20' 10.00 feet along Lot 18-A, being a portion of Grant 1162 to F.O. Schulze; 4. 153° 20' 313.00 feet along Lot 18-A, being a portion of Grant I1G2 to F.O. Schulze; 5. G3° 20' 25.00 feet along Lot 18-A, being a portion of Grant 1162 to h.0. Schulze; G. 153' 20' 62.00 feet along Lot 18-A, being a portion of Grant 1162 to P.O. Schulzr, 7. 243° 20' 25.00 feet along Lot 18-A, being a portion of Grant 1 ] 62 to F.O. Schulze; 8. 153' 20' 35.00 feet along Lot 18 .A, being a portion of Grant 1162 to I.O. Schulze; -1- 620 Wa~akamilo Rcad ~ I I Planning Suite 611 ~``1 Engin¢¢ring Ho~wlulu Hawaii 96817.4941 Environmental 8erv¢es Telephone 8088421133 ~ Photogrammetry Fax8088d21937 R. M. TOWILL CORPORATION Surveying eMad rmtowill®i-one.com s i rv c e i v a o Construction Managemcre EXEIIBIT "A" 9. 63' 20' 5.00 feet along Lor 18-:1, being a portion of Grant 1162 to F.O. Schulze; 10. ] 53° 20' 40.00 feet along Lot l8-A, being a portion of Grant ] 162 to F.O. Schulze; l 1. 63' 20' 7.00 feet along Lot 18-A, being a porton of Grant 1162 to F.O. Schulze; 12. 153° 20' 40.00 feet along Lut 18-A, being a portion of Grant 1162 to F.O. Schulze; 13. 63° 20' 3A0 feet along Lot ]8-A, being a portion of Grant 1162 to F'.O. Schulze; 14. 153" 20' 25.00 feet along Lot 18-A, being a portion of Grant 1162 to F.U. Schulze; 15. 243° 20' 3.00 feet along Lot 18-A, being a portion of Gxant 1162 to F.O. Schulze; 1 G. 153' 20' 35.00 feet along Lot ] 8-A, being a portion of Grant 1162 to F.O. Schulze; 17. 243° 20' 2.00 feet along Lot 18-A, being a portion of Grant 1162 to h'.O. Schulze; 18. 153' 20' 103.50 feet along Lot 18-A, being a portion of Grant 1162 to F.O. Schulze; 19. 243' 20' 7.00 feet along Lot 18 .4a, being a portion of Grant 1162 to F.O. Schulze; 20. 153° 20' 21.50 feet along Lot 18-A, being a portion of Grant 1 ] G2 to F.O. Schulze; 21. 243° 20' 3.00 feet along Lot 18-A, being a portion of Grant 1 ]62 to F.O. Schulze; -2- 420 Waiakamilo Road ~I P4mm~g Suite d11 ~``I Engineenng Honolulu Hawaii 968174941 EnvironmenUl Sen¢es Telephone 8088421133 ~ Pbologrammetry Fax BOB 842193/ R. M. TOWILL CORPORATION Surceying entail rmtowill®i-one.com s i H c e 1 9 30 ConstmRion Management 22. 153° 20' 320.01 feet along Lot 18-A, being a portion of Grant 1162 to F.O. Schulze; 23. 240° 19' 20" 43.21 feet along Parcel 17 of Mamalahoa Bypass Road, same being also a portion of R.P. 4356, L.C.21w. 8452 to A. Kcohokalole; 24. 238' ] 2' 30" 97.24 feet along Parcel 17 of Mamalahoa Bypass Road, same being also a portion of R.P. 4356, L.C.;1w. 8452 to A. Keohokalole; 25. 333° 20' 155.97 feet along Lot 18-B, being a portion of Grant 1112 to F.O. Schulze; 2G. 63° 20' 10.00 feet along Lot 18-B, being a portion of Grant ] 1 C2 m P.O. Schulze; 27. 333' 20' 275.00 feet along l.ot ] 8-B, being a portion of Grant 11 G2 to F.O. Schulze; 28. G3' 20' 10.00 feet along Lot 18-B, being a portion of Grant 1162 to F.O. Schulze; 29. 333° 20' 225.00 feet along Lot 18-B, being a portion of Grant 1162 to F.O. Schulze; 30. 243° 20' 10.00 feet along Lot 18-B, being a portion of Grant 11 G2 to F.O. Schulze; 31. 333' 20' 150.00 feet along Lot 18-B, being a portion of Gram 1162 to F.O. Schulze; 32. 243' 20' 10.00 feet along Lot 18-B, being a portion of Grant 1162 to F.O. Schulze; 33. 333' 20' 200.00 feet along Lot 18-B, being a portion of Grant 11 G2 to F.O. SchuUc; -3- 420 Waiakamilo Road ~II Planning Suite 41'~ Ergmirenng Hoiwlulu Hawaii 968t1~d941 Environmental Services Telephone 8088421133 M. TOWILL CORPORATION ~ Rhotogramme~ry Fax 8088421937 Surveying entail rmto«ill4ii-one.mm s i x c E i s a o Construction Management 34. 63' 20' 20.00 feet along i,ot 18-B, being a portion of Grant 1162 to F.O. Schulze; 35. 333° 20' 50.00 feet along Lot 78-B, being a portion of Grant 1162 to F.O. Schulze; 3(,. 243° 20' 10.00 feet along Lot 18-B, being a portion of Grant 1162 to F.O. Schulze; 37. 333° 20' 42.98 feet along Lot 18-B, being a portion of Grant 1162 ro F.O. Schulze to the point of beginning and containing an area of 3.348 Acres. d~ M ~2G - - Q` LICENSED ~i PROFESSIONAL Description Prepared by: * Suave~oR * R. M. TOWILL CORPORA"i'ION No. 10059 yA~'A/l, U S P 73-5574 Maiau Street, Bay 1 lB Rya M. Suzuki Kailua-Kona, Hawaii 96740 Licensed Professional Land Surveyor Apri16, 2001 Certificate Ntrtnber 10059 -a- 420 Waiakamilo Road /I' Planning Suite 411 Engineering Honolulu Hawan 9681 ]d9d1 Envvonmental Semces Telephone 8088411133 R. M. TOW[LL CORPORATION ' rh SugrrPmmelry Fax 8008621937 y~ 9 eMaJ rmtowdl®i~one.com s i w c e 1 9 3 D A Construttion Mawgemenl - - - - i I a3~' d Boa ~e~~Y-p ~ ~ t 2_P.2 8 0 J 8 RP ~ ~ 1 Qd~ dot 2 A.~ , P~ ~g ~ ti~ Lot 18-B ~ ~ i ~ B 1w~ ~~~tie o~ Lot 18-A ~ t+1 ~ ~ F 0' \~62 , ~.1d het 3 0 (~~ti nto3°~3`'yE P" p?~` ' ~w e~~~a Qot ~o~3.P Parcel 18 of Mcwnaldiloa ~s Road fbtes: ~ ne Behg Also a Portion of nztnutFe and wordYiates are referred 6rarlt I Z t0 FA. Schulze to Borer..reet 5u~vey rrlangulatbn At t7nolfll 2nd, South Kofla, Island of Fkavati, Flawali 5tatlon 'Pw Uxv' Q Tax Map Keys 8-f-07~ por. 45 (3rd DNhslal7 Mpg Has carfrpllOd from record data. Owner: .ban Gouge Trust RMTG Raf. tto.: I-IB513-2-5 ~ 73-SSI~ htaku Street, Bay ~IIB FN.:Parcel-18 ~ RM.'1Y7WIIl.CORYORA'I'ION Kalwa-Kaa,Hcwal 96140 ~'1 c:rc~ r~~~ )~TIBIT ~~8~~ I~xll 6, 2001