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Home My WebLink AboutCOM 0641.004 2002-2004 ~sr os q~ ~ CUMMII I I:I.ti (v1RY S~IARII: yl,~;~, ('onnri/rm•rnGrr i Public Worka ~ Inter~~oocrnmcnl.~l Rcl;uion~ C'h~iir l1/~~riri I l'i~nn 1l~~hn( Ph~~nc~ ISOR) 961-8367 •~•°.r~~.;~.~.~ Huusim~ Agcnc~ ~ c ~ t~r~ nrr ~P ('li<iir Ih~: LORI 761-R)I_ osM ~.a(:u~ik~u imerpuc.net (?nu~m a/H<nrui 5 H inancc Hunzii'i ('uunh~ l3iiildiirt I "ic r-('h~iir ?5.-Jup+mi Su~ee~ Hilu, Hcnrui'i 9h-3q G p~py~ /o: y~F,., Y -S ~ .ti.. [Sate...~~ G 7~ 20G~ - June 7, 2004 Coo"*y ~a°"`~~ MEMORANDUM TO: James Y. Arakaki, Chair Hawaii County Council FROM: ~vGary Safarik, Chair Public Works and Intergovernmental Relations Committee RE: Resolution 194-04, Draft 3 -Puna Emergency Access Road Enclosed for your consideration is a proposed Draft 3 which clarifies the identification of the tax map keys, provides for acquisition of easements, and includes the addresses of recipients of the Resolution. The changes between the Draft 2 and Draft 3 are shown below. The changes to the fifth and sixth WHEREAS', which concern the identification of tax map keys, are as follows: WHEREAS, [tie] title to the 3.1 mile long roadway lot, described as Lot 131 I-A [efJ Subdivision Approval No. 6830[, ' " ' ~G2,] Tax Map Kew (3) 1-6-004001 and (3) 1-6-065: Portion of 109, is held by the Ainaloa Community Association 1, nc., anon-profit Hawaii corporation, and is identified as Ainaloa Boulevard on the location map [ie] anached hereto as Exhibits 1 and 1-A and described in Exhibit 2 attached hereto; and WHEREAS, [tie] title to [tgai~eHiea-et] Lot 6213-A (Subdivision Approval No 6879) Tax Map Key_(3) 1-6- 013 Portion of 081, 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 8 and F Road on the location map [inj attached hereto as Exhibits I and I-B, and [+s] more particularly described in the attached Exhibit [~l 3 anached hereto ~"'..J; and The changes to the seventh WHEREAS clause and the first RESOLVED clause, which provide for acquisition of easements, are as follows: WHEREAS, it is necessary for the public use and purpose, to take, acquire and condemn certain lands or easements, as described above, in order to complete the County's "Puna Emergency Access Road" project; and NOW, THEREFORE, BF. IT RESOLVED BY THE COUNCIL OF THE COUNTY OE HAWAII that, in the interest of public health and safety, it is necessary, for the public use and purpose, to wit: The improvement, constructionLn, ,'ZeS. / 9'~- Oy', ,i~, 3 Comm No. ~ . `T Ref. To• Presented Ref. Date,~(l1N i 1l~ llnn'o~'7 ('nuns' nu /[geed U/~pnrlenilr Prurfdrr and lCnt/~ln Prr operation and maintenance of the Puna Emergency Access Road project, to take, acquire and condemn certain lands or easements with any and all improvements thereon and appurtenances thereunto belonging, free and clear of all liens and encumbrances, [ being_those portions of Ainaloa Boulevard identified as _Lot 131 I A I (Subdivision Approval No 68301 Tax Map Kew 3-1-6-004001 and 3-1-6-065: Portion of 109, and those portions of Hawaiian Acres Subdivision identified as Lot 6213-A (Subdivision Approval No. 68791 pax Map Kev: 3- I-6-013 Portion of 081, together with any adjacent lands necessary for temporary construction purposes, mcludmg but not limited to temporary easements for construction and operations, storage and disposal areas. The changes to the second, third and fourth RESOLVED clauses, which are consolidated, are as follows: IR IT 1 IDT 'D D 'enl V 'fl 1 I- I L'a6e ...a. ,.f Ll,.,.,.,'•: 60 .,.~.i a~.i ' urc-P' c'~cc'°`c-~ C 'IIDTLCD Dr~e/ll VCII 6 1 /lC4' Fab ..a:,.., el ~6oeu6a-.1' na,..l+ ..A , 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 or neaotia[e the taking, acquisition and condemnation of the aforesaid private properties and/or easements is hereby authorized and empowered to ne otiate terms of settlement in accordance with Section 2-10 Hawaii County Code subject to the approval of the court before which such proceedings are prosecuted or take anxfurther actions necessary to secure access to these aforesaid properties and/or easements and is further requested to transmit written notification to the Council when the Count has acquired this roadway. The changes to the last RESOLVED clause, which add the addresses of recipients of the Resolution, are as follows: BE IT FINALLY RESOLVED that the Office of the County Clerk is hereby directed to forward copies of this resolution to (1) the Honorable Harr~Kim Mayor (2) Lincoln Ashida Corporation Counsel• (3) Bruce McClure, Director of Public Works (4) the Ainaloa Community Association Inc RR 3 Box 1303 Pahoa Hawaii 96778; (5) the Iawaiian Acres Community Association P O Box 368 Kurtistown Hawaii 96760' and (6) the Hawaiian Acres Road Corporation P O Box 1261 Kurtistown. Hawaii 96760.