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HomeMy WebLinkAboutRES 184 Draft 01 2002-2004 OFFICE INFORMATION ONLY Meeting: June 16, 2004 Council Meeting (38th Session) Action: Close File - June 16, 2004 , Re: Resolution 184-04/C-617/PWIRC-50 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 1'~~ 0~4 A RESOLUTION ALJTHORIZINU THE ACQUISITION OF [,AND FOR THE PUNA EMERGI{NCY ACCESS ROAD IN THE HAWAIIAN ACRES SUBDIVISION, DISTRICT OF' PUNA, COUNTY OF I IAWAI'[. WHEREAS. in 1999, the County of Hawaii completed construction of an 8.7-mile roadway designated as the `'Puna Emergency Access Road," which primary objective was "to provide a paved public road between State Highway 11 and Highway 130" (Source: Final Environmental Assessment- Negative Declaration May 1996); and W HEREAS, a total of $1.7 million in federal and county funds were expended during the course of this project; and WHEREAS. the Final Environmental Assessment, completed in 1996, indicates the primary objective of this project is to provide a paved public road between State Highway I 1 and Highway 130; and WHEREAS, the Assessment also identities the following as essential components of the project: I . The County of Hawaii acquires ownership of roadways and right-of=ways directly associated with the access road. 2. The paving and improvement of 3.1 miles of a privately-owned roadway known as Ainaloa Boulevard; and WHEREAS, 53 miles of the "Puna Emergency Access Road" are located in Hawaiian Acres Subdivision in Puna. County of Hawaii, and is described more particu]arly in the attached Exhibit 1 as that "portion of lot 6213"; and W HGREAS, the title to that portion of Lot 6213 is jointly held by the owners of approximately 4,009 lots within the Hawaiian Acres Subdivision. each with an undivided interest; and WHEREAS, it is necessary for the public use and purpose to take, acquire and condemn certain lands on the attached Exhibit 1 (that portion of lot 6213) in order to complete the County's Puna Emergency Access Road project. NOW, THEREFORE, BE IT RESOLVED BY THF, COUNCIL OF THE COUNTY OF HAWAI'1 that, in the interest of public health and safety, 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 that portion of lot 6213, which traverses the Hawaiian Acres Subdivision, to be a part of the "Puna Emergency Access Road." BE I'1' FUR"1'HER RESOLVED that the Office of the Corporation Counsel is hereby directed to proceed in finalizing this real property acquisition, and is further requested to transmit written notification to the Council when the County has acquired this roadway. BE IT FINALLY RESOLVED that the Office of the County Clerk is hereby directed to forward copies of this resolution to the Honorable Harry Kim. Mayor; Mr. Lincoln Ashida, Corporation Counsel: Mr. Bruce McClure, Director of the Department of Public Works; Board of Directors of the Hawaiian Acres Community Association and the Board of Directors of the Hawaiian Acres Road Corporation. Dated at , Iiawai`i. this .day of 2004. INC~~J V F, BY: ~J Council Member, County of Hawaii COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii ARAKAKI CHUNG I hereby certify that the foregoing RESOLUTION was by ELARIONOFF The vote indicated to the right hereof adopted by the COUNCIL of the HOLSCHUH County of Hawaii on JACOBSON REYNOLDS ATTEST: SAFARIK TULANG TYLER Reference: C-617/PI.1&IRC COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 04 PORTION OF LOT 6213 PORTION OF LOT ~+z na LAND COURT APPLIGATTON +os~ riuao ao1 Land actuated On the Southerly side of Oki Vclcano ~rall at 1Caaau, Puna, Island and Coumy of Hawaii, State of Hawa9. tsemg a portion oC Lot 6213 as shown on Map 48 of Land Coun Applteatron 7053. Beginnin8 ai the Northoostorly corner of this paroal of bnd,.betn8 abo the Northvrealeriy comer of Lot 5255 am yt~vwi~ wi Map 49 of Lano Court AppUcatton 103.7 and baUtg 8 potm on trte Sotttharry side of Utd volcano I roll and rtatrting by azimuths measured ctodtvYlsa from Tres South: t. 330' OS T2' 2a,2y3.tf2 feet along Lola 5256 to 5299. inelwiw, alanp the rerTlUnder or Lot 6213. abep Lata 5936 to lt909, iruittsnro, along the ntrtatrtdbr cf Lot (3219, along Lob 6404 to 6167. Inoiwhy, abn8 the nmalndar of Lot 8213. almtg Lots 5786 to 6131, Industw, abng the remainder o! Lol 0273 and atone Lots 3730 tp 5096. indualvs, at shown on Map 40 Ot Land Court APPIICaUOn lUai to a p~ 2. 240' 05' t2' t.782.40 fast along Lots 5t>05 and 5417 and along the • netttatnder tN Lot 6213 as shown on Map w a1 Land Court AppNeation 1053 Tn a point: 3. 330" 05' i2" 2.740.00 fast along Lots 5480 to 5472, Inclusive, as shown on Map 49 of t.and Courl Apyticstiwi 705.1 W a point; 4. 80- OS' T2' 40.00 teat along the remalnda o1 Lot 8213 ib a point; 5. t so' 05 12' 2.7D0.00 test alorg Lots 5435 to 6418, induslw, as shown on AMA aw of I ~rxt f`nun ApIflMjttie~n itK.1 rn a point; _ _ _ Page 1 of 2 fN3:5 TXOMgB A85~'i4TL4st Lane S~*r 793748 Kilarve S~'eaC 1(aiius{tprr, Hswai 96740.1917 ExH~gtT i s. 50' 05' 12' 1.782.40 teat along LOU 5418 and 5084 and alenq the remainder of t.Dt 6213 as shown ar? Map 48 0; land i CouR MDlication 1063 b a point: 7. 150' OS' 12• 24.255.71 feat along thw rnmralnwr of Lot 6213 as shown or. Map 46 of Land Court Appiadlon 1053. along Lot P of Land Courl AppUotUon 11160. along Loco 6022 to 4887; indusive. Mora iM romiinda of Let 8219, along Lola 4YSa to 4a61, trniraaw. qty ew rornaktdsr of tat 6219, atat8 lots 4650 to 4815, gloAatiw, alotq the romirtoM a Lot 8219, tlonp Lob 46t41o 4678, ktchnive, Morg the rentalndsr of • .lot 6273 and Mona ~ob-4676 tD 4883. ktdusM, as shown On Map 46 Ot land Cotat /1pP9aatlan 1053 to a polrl0 8. 228' 3T 30' 40.61 test along 1hs Southerly side of Old Volcano Trail to 1M point of begiminq and aanNNnq eui area of 26.363 Acres. NOTE Thin description was prepared hen compiled record IrrfOnnadon and the 1irltl metes and bounds of tttk descrption aro subject to approval of the subdhAabn map by the land Court of tits State o!f Hawaa. ~,tµ T Y WES Th{OMAS AStaOCtATE6 uasrnva lltOr~11111 wo Nael~11t111 t4 a'`~ ChrysbJ Thomas YamasaW ~~AB, Licensed PrCASSSbnM Land twn+aVOr State Of HawMi Certi6cata No. L.S.433t 75-5746 Kalawa ftrxwf Kal~ua-Kona, hlawafl 88740-7877 TMK 1-6.13: Portion 61 l9rd DMaion) July 9, 1t?D8 P l4~FS 7}iD1L4SA85~IQAJF~r [rrrd ~^urw~a~s 7SS749 Ksiewe 6t+eet ICalus#rw. FMvwi 8Fi7lrNpt7