HomeMy WebLinkAboutRES 203 Draft 01 2002-2004 COUNTY OF HAWAII ~~„~TATE OF HAWAII
RESOLUTION NO. 2 ~ ~ ~
A RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY
EMINENT DOMAIN OR NEGOTIATION FOR THE PAHOA VILLAGE RESOURCE PARK,
PAHOA, DISTRICT OF PUNA, COUNTY AND STATE OF HAWAII, BEING TAX MAP
KEY: (3)1-5-002:024.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
WHEREAS, the County of Hawaii has planned and is ready to construct the Pahoa
Village Resource Park in Puna utilizing general obligation bonds pursuant to Ordinance
No. 03-49; and
WHEREAS, the new Pahoa Village Resource Park has been determined by the County of
Hawaii as providing a regional public use and purpose which will benefit the County of
Hawaii; and
WHEREAS, the lack of vehicular parking in Pahoa Village, especially for those
businesses located along the old Highway 130, which passes through Pahoa Village, places a
severe constraint on businesses and their customers; and
WHEREAS, the Pahoa Village Resource Park, which will include a paved parking lot,
public restrooms and an informational kiosk, will enhance and complement the Pahoa Village
business community and mutually benefit existing recreational and commercial uses, which
constitutes a valid public purpose and use which will benefit the County of Hawaii ;and
WHEREAS, the construction of the Pahoa Village Resource Park would entail
acquisition by the County of Hawaii of the lands described in Exhibit A, attached hereto and
made a part hereof, identified as Tax Map Key: (3)1-5-002:024, owned by Monika Mallick,
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;
and
WHEREAS, it is necessary for the public use and purpose, to take, acquire and condemn
certain lands, described in Exhibit A, in order to complete the Pahoa Village Resource Park; and
WHEREAS, Section 101-13, 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 in the interest of public welfare, it is necessary, for the public use and purpose, to
wit: The construction and operation of the Pahoa Village Resource Park, to take, acquire and
condemn certain lands with all improvements thereon and appurtenances thereunto belonging,
free and clear of all liens and encumbrances as described in Exhibit A, attached hereto and made
a part hereof, identified as Tax Map Key (3) 1-5-002: 024, owned by Monika Mallick, to be a
part of the Pahoa Village Resource Park, 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 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 land.
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-] 0, Hawaii County Code, and the approval of the
court before which such proceedings are prosecuted.
BE IT FINALLY 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 Office of the Corporation Counsel; (3) Bruce McClure, Director of the
Department of Public Works; and (4) Monika Mallick, 10776 Wilshire Boulevard, Los Angeles,
California 90024.
Dated at ,Hawaii, this ,day of , 2004.
INTRODUCED BY:
Date of Introduction: COUNC EMBER, COUNTY OF HAWAII
Dine of Publication:
Date of 2nd Reading:
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii Avss Noss ABS ex
H110, H8Wa1`1 ARAKAKI
CHUNG
I hereby certify that the foregoing RESOLUTION was by BLARIONOFF
the vote indicated to the right hereof adopted by the COUNCIL ofthc HOLSCHUH
County of Hawaii on
IACOBSON
REYNOLDS
ATTEST: SAFARIK
TULANG
TYLER
Reference: C-663/PL'v'&IRC
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 2~aA
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Exhibit A