The URL can be used to link to this page

Home My WebLink AboutRES 194 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 1~~ O~ A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY EXERCISE OF EMINENT DOMAIN OR NEGOTIATION FOR THE PUNA EMERGENCY ACCESS ROAD IN THE AINALOA SUBDIVISION AND IN THE HAWAIIAN ACRES SUBDIVISION, KEAAU, DISTRICT OF PUNA, COUNTY OF HAWAII ,BEING PORTIONS OF TAX MAP KEYS I-6-65:109, 1-6-99: 64, 65, 66 AND 67, AND 1-6-13: 81. 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 I I and Highway 130" (Source: Final Environmental Assessment-Negative Declaration, May 1996); and WHEREAS, the Final Environmental Assessment states the County "will assume ownership and responsibility of the entire right-of-way..." WHEREAS, a total of $1.7 million in federal and county funds were expended during the course of this project; and WHEREAS, 3.1 miles of the "Puna Emergency Access Road" are located in Ainaloa Subdivision in Puna, County of Hawaii and 5.3 miles of the "Puna Emergency Access Road" are located in Hawaiian Acres Subdivision in Puna, County of Hawaii; and WHEREAS, the title to the 3.1 mile long roadway lot, described as Lot 1311-A of Subdivision Approval No. 6830, Land Court Application No. 1053, is held by the Ainaloa Community Association, anon-profit Hawaii corporation, and is identified as Ainaloa Boulevard on the location map in Exhibit l; and WHEREAS, the title to that portion of Lot 6213 within the Hawaiian Acres Subdivision is jointly held by the owners of approximately 4,009 lots within the Hawaiian Acres Subdivision each with an undivided interest, and is identified as 8 Road on the location map in Exhibit 1, and is more particularly described in the attached Exhibit 2 as that "portion of lot 6213"; and WHEREAS, it is necessary for the public use and purpose, to take, acquire and condemn certain lands, as described above, in order to complete the County's Puna Emergency Access Road project; and WHEREAS, Section 101-13, Hawaii Revised Statutes, requires that a condemnation action by the County must be authorized by a resolution of the County Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`1 that, in the interest of public health and safety, it is necessary, for the public use and purpose, to wit: The improvement, construction, operation and maintenance of the Puna Emergency Access Road project, to take, acquire and condemn certain lands with all improvements thereon and appurtenances thereunto belonging, free and clear of all liens and encumbrances, and to that end 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 those portions of the lands which traverse the Ainaloa Subdivision, as described above, and those portions of the lands which traverse the Hawaiian Acres Subdivision, as described more particularly in the attached Exhibit 2 as that "portion of lot 6213", to be a part of the "Puna Emergency Access Road", together with any adjacent lands necessary for temporary construction purposes, including but not limited to temporary easements for construction and operations, storage and disposal areas. BE IT FURTHER RESOLVED that the Office of the Corporation Counsel be and is hereby authorized and empowered to negotiate terms of settlement, subject to the approval of this Council and the court before which such proceedings are prosecuted. BE IT FURTHER 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 Ainaloa Subdivision; and the Board of Directors of the Hawaiian Acres Community Association and the Board of Directors of the Hawaiian Acres Road Corporation. Dated at , Hawaii, this ,day of , 2004. INTRO UCED BY: ~ "fvv Council em ,County Hawaii INTRC~~ B ~ ~S a~ Council Member, County of Hawaii COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Avl:s NOES ABS Ex HLIO, H3Wa1`] ARAKAKI CHUN(i I hereby certify that the foregoing RESOLUTION was by ELARIONOPF the vote indicated to the right hereof adopted by the COUNCII, of the HOLSCHUH County of Mawai'i on JACOBSON REYNOLDS ATTEST: SAFARIK 9'ULANG TvLER Reference: C-641/PW&IF.C COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. FIGURE 1 LOCATION MAP - PUMA El11ERGENCY ROAD T< 1~ 1 1 1 r O~ 1 1 ~ , ~ ~ ~t° . ~ e ~ • ~ ' ~ 5 ~ V` .o~l~ \ - ~ ~ S , ~ . , ~y •~l Source: USGS Courny Soria. Scale: 1:100,J'70 Hawaii Courrty, Shit 2 of 3 iVorth 1980 2 E ~4IBIT 1 PORTION OF LOT 6213 p~~jIDN OF L07 6213 OF LAND COURT APPLI('~oN ~ot~ rnrna aoi Land altuatsd on the Southerly aide of Old Vcicano ~ratl at )teaau, Puns, iskutd and Coueriy of Hawaii, State of Hawall. tieing a portion ot: Lot 6213 as shown on Map 48 of Land Court Application 7053. Beginning at the Northoottarly oornor of thb parcel 01 tand,.being abo the NoAhweateriy comer ut Lut 5255 asi ytwwii un Map 48 of L+uio Court RppUCatton 1033 and being a poke on the SoutMrry side o. Uld Volcano I rail end rtmning by azimuths measured cbckNrisa th7m Trtra South: 1. 330' 12" Ra,223.02 feet along Lola 5256 to 5239, inciwive, elony the remainder o* La1 6273, abrp tots 5136 to l~tKi, indusive, along the »matrtdar d Lot 8219, along Lots 6202 to 6167, indinnive, abnp fhe remainder of Lot 0273, abrtg Lots 5186 to 6791. tndusiw, sloop the remander of 1.ai 0213 and along Lou 3730 to 609b, indualw, at shown on Map 4fi of Land Court Appncanon ttib;t to a point; 2. 240' l)3' 72' 1.782.40 seat along lots 5006 old 5477 and along tt?e nmaindsr of Lot 6213 ss sttown on Map 49 0l Land Court AQpftcat[on tQS3 to a point; 3, 330" 08' t2' 2.740.00 feet along Lots 5400 to 5472, Irtdusive, as shown on Map a9 of Land Court Apylitgtiun 10319 W a paint; 4, O[)- OS' 12 40.00 test along the remainder Ot Lot 8213 1n a point; 5. t5'J` 05 72' 2.700.00 isst along Lots 5435 to 6478, induaNe, as shown on Map 4i. M 1 anA (^.raRf Applirntinn 1QF.~ to a point _ _ Page t of 2 _ , IVES TfrDMAB A&!1~i4TF9 L.enO Sto?+yar 75.3748 Kalbwe Street KalluetCens. Fter+ei 9874t}1H17 EXPiI6IT 2 6. li0' OS' 12' 1,782.40 teat along lots 54111 and 5094 ant! altmg fete remainder of Lot 6213 as ahowrt art Map 49 d Land Court Appi[eatlort 1063 to a po1nC I 7. 150' OS' 12' 24.255.71 het along 1114 Mmainder of Lot 6213 u si+own or. Map 49 01 Land COta't APP+ 1053, along Lot P or Land Court AppUoatlon 11160. abrg l.eb 602P to 4087; inciudvc, along ttte retrtahtder of lot 6219, eleng L.o1a 4Y00 to 4167, tn~luww, alun0 aw nmatrtder of Lot 4213, at0ttg Lab 4050 to 4015. lnotualw, awrtg ttte ratrtaatder aR LoR 6213, along Lots 401410 467'1. ttdt~We, abrg iha remainder of • .Lot 6213 and along Lode X878 tD 4843. k?duaM, se ahawn On Map 40 of Land Cotat Maq.:atlon t 053 to a poitt; 8. 226• 9T 30' 40.81 feet abng tfis SoutMrly side of Old Volcano Ttail to the paint of bpfming and oonghdng an uea to 26.30:1 Atxea. NOTE: Tftis deecriptlon was Prepared h0m compUad record Information and tM tkt4 metes and botrrnth of tttie daeriptlon are subject to appro1n11 of ttu aubdNbbn rasp by the Land Cant of tM Stab of Hawai. ,1~i. L 1• VMES TI~{OtdAS AS60C1ATE6 t~ve ~rtar~uaMUL wo tt 6YIM4a11 s"~ Chryslal Thomas Yamasald • Licenssd Prolesstonal Land Survwor State of Hawaii Certificate No. t~fr•4331 75-5740 Kalawa tStrwM Kailas-Kona, HawaB 86740-1817 TMK 1.613: Portion 87 (9rd DMaion) July 9, 1988 . P t4$S 7Td'itWSA8.4~lAffB l,~rrd 8rr++lcrs 735749 Kalnwa street, Kr1r?Knv~. F~Mwwi gt;7Gt1-~R17