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Home My WebLink AboutRES 083 Draft 01 2004-2006 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 83 t?5 AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, BEING LOT R-1, TAX MAP KEY:(3)7-3-010:029, AND ROAD LOT A, TAX MAP KEY:(3)7-3-010:036 (PORTION), SITUATE AT KALAOA, NORTH KONA, COUNTY AND STATE OF HAWAII, FOR THE DEVELOPMENT AND CONSTRUCTION OF A CONNECTOR ROAD BETWEEN KAUHALE STREET AND AHIAHI STREET, KONA, HAWAII. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, Lot R-1, situate at Kalaoa, North Kona, Hawaii, identified as Tax Map Key: (3)7-3-010:029, containing an area of 26,421 square feet, more particularly described in Exhibit "1"and delineated on Exhibit "2," is owned by Dennis Young, et al.; and WHEREAS, Road Lot A, situate at Kalaoa, North Kona, Hawaii, identified as Tax Map Key: (3)7-3-010-036 (portion), containing an area of 12,887 square feet or 0.296 acre, more particularly described in Exhibit "3" and delineated on Exhibit "4"), is owned by Dennis Young, et al.; and WHEREAS, the County intends to connect Kauhale Street and Ahiahi Street; and WHEREAS, the connection of Kauhale Street and Ahiahi Street would provide a regional benefit for a public purpose and use which will benefit the County of Hawaii by improving traffic circulation; and WHEREAS, the connection of Kauhale Street and Ahiahi Street would entail the acquiring by the County of Lot R-1, Tax Map Key: (3)7-3-010:029, and Road Lot A, Tax Map Key:(3)7-3-010:036 (portion), which is being planned and laid out as a connector road between the Kona Palisades and the Kona Wonderview and Kona Coastview Subdivisions; and WHEREAS, funding for the acquisition of said roadway will be from the fair share assessment funds for the North Kona District; 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 Lot R-1 and Road Lot A connecting Kauhale Street and Ahiahi Street, in Kalaoa, North Kona, Hawaii, to acquire and condemn that certain private property identified as Tax Map Keys:(3)7-3-010:029 (Exhibits "1"and "2") and 7-3-010:036 (portion) (Exhibits "3" and "4"). SE IT FURTHER RESOLVED that the Corporation Counsel of the County of Hawaii be and is hereby authorized and empowered to initiate froceedings in eminent domain, as provided by law, for the taking, acquisition and condemnation of the aforesaid private property. SE 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 accordar;ce with Sectie€~ ~-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 marry lCim, IWlayor of the County of Hawaii; (2) -the Department of Public W€~rks; (3) the Office of ¢he Corporation Counsel; and (4) Dennis Young, et al., P. O. Sox 4086, Kailua-bona, Hawaii 86745. Dated at xilo ,Hawaii, this 1st day of ,tune , 2005. INTRODUCED SY: COUNCIL IVIE~i~ER, COUNTY OF HAWAII x; ~ ~ ,Hawaii Date of Introduction May 18, 2005 Date of 1st Reading May 18, 2005 Date of Publication May 27, 2005 Date of 2nd Reading June 1, 2005 COUNTY COUNCIL ROLL CALL VOTE County of Hawaii -AYES NOES ABS EX Hila, Hawaii ARAKAKI X I hereby cerfiify that the foregoing RESOLUTION was by RIGA the vote indicated to the right hereof adopted by the HOFFMAN N X COUNCIL of the County of I-laws€'i on ,-r,1r,P 1 ~on5 . ~IOLSCHUta X I KEDA X ATTEST: ISBELL JACOBSON X PILAGO X SAFARIK X ~~`-i ~t , l!,~ ` C-225/P'WIRC -8 s - Reference COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ LOT R-1 (ROAD LOT) rcFSranr F uer rres Land situated on the Nordteriy end of AhbH Street at Kalaoa 4th, North Kona, Island and County of Havvail, State of Hawall. t~ekrp Portions af: Lot 47,A-1; and Grant 3750 to KahanaraA. BsplnNnp at the Sordhwesterfy Carrier of fhb peroel of land, belnp also the Soutlreasterty corner of Lot 4 of this subdiviNon, the NorBreasterly cortrer of Lot 213 of Korn Palbade, Unit I (Fib Plan 1081) and the Northwesterly tamer of Ahbhi street, the coordinates of said Point d bepiminp referred to Government survey Trbrpubtlon 8tatbn 'AAOANUIIIHEA' being 8,743.50 test South and 13,397.41 feet West and mm~irrp by azimuths nrsasusd dodtwbe from True SouU~: Therms, for the sod four (4) causes, folowinp abnp tlrs rerrraMrdes of lot 47 M1 and t3rarM 3750 ?p Kaherwnui: 1. 187• 49' 18.54 feet along Lal 4 of ttrb subdivision to a Point; Thence, folowirq alorrp Lol 4 of tlrb subdMsion on a tzuve to the left with a radius of 300.00 feet, the chord azimuth and dfetance being: 2. 150' 4T 30" 175.87 feet to a polr>k 3. 133' 48' 206.11 feet shop Lots 5, R-2 (Road Lot) and 11 of this aubdiviebn to a poink Ttrarce, fallowing sloop Lot 11 of this subdivision on a cave to the right with a radius of 350.00 feet, the chord azimuth and dbtanoe being: 4. 142' 3S 45" 107.44 feet to a point: E3~-IIBIT "1" 5. 241 • 25' 30" 50.00 feet along Lot 47-8-1 and abrp the remak>ver of Grant 3750 to Katqularaarl to a pofrrt; Thence, for the next four (4) courses following along the remainders of Lot 47,A-1 and Grant 3750 to Kahananui: Thence, from a tangent azimuth of 331.25' 30" foNowlrp along Lot 1 of this subdivision on a cuve to the left with a radius of 300.00 feet, the chord azirrsAh and distance being: 8. 322• 35' 45" 92.08 feet to a poirl~ 7. 313• 48' 208.11 feet along Lob 2 and 3 of this subdivfsion to a point; Thence, tohowirg abng Lot 3 of tllis subdMsion an a curve to the right with a redlus of 350.00 teat, the I~ dlord azknuCl and dNtanoe being: 8. 330' 4T 30" 204.95 feet to a print; 9. 347• 49' 42.32 feet abrg Lot 3 of this subdivision to a poirrh 10. 108' 39' 28.54 feet along the Northerly end d Ahiahi Street to a pokrt; 11. 103' 29' 27.74 feet along the Northerly end of AhIaN Street Test to the poirk at begirultrp and containing an area of 26,421 Square Fest ~~a„ T. Y WES TFIOMAS ASSOCIATES * ~ ~ Ch 1'Flonlas Yamaeaki y4 wAll, ug Licerlssd Prdeasbrlel Land Surveyor State of Hawa1 CertlRcab No. LS-4331 75749 Kalsrva Street Kaila-Korw, HawaB 98740-1817 TIWC: 7~-oltr portion o29 (3ro 13ivision) Sepbnlber 28, 2004 I •i. ~ , c 51 ~ Q 9 ~ Yea ~ ~1 Nd Qi 3 S ~ ~Q S J ~~R Y ~'Q Q{ ~ ~pQl~ kl §:t G P g ~ ~ is 7S1 ~ ~r 'i~ ~kF'1 ~ , ~ J b._ d E` ~ h ~ `r 9 i it !:F ~ ' 111 9~ - 9.1~ 'd 79_ i g ~ ~ f i i i ~ j ~g ~ ~ 1 a s o i s ~ ~ 11 ~ ,~}lj~~ i 1 : ~ 1~ ~ aeg i ~5 1, - ~ ~ ~ A .a'r,, 11' ' L 4 I .n+d ! ~ 1r ~ i~ ~ a s~ ~ ~ t~~ t 1' r i - spa ' ~ ~7 ~ ~e .a ~ ~9 ~y ~ _ u ,.e- J p i j~ i e17 gd ei~ II I ' F '`ini+'- Bap ~~i1i Q~' ~ I _ ~ d~1 ~3~s I', tp e ~ ,'Ii l' a I `I 3irwnvH L ~~1 jl~ 1 ~'~ll~ I ~ r I'i III ~ p ~ ~I~ ' ( °q a~~j f. _jl a N eI _tl Y ; III ~ 77 ~ ~ a ~ < s III _ ~ t~! ~ ~Q a i Ilp [ ~ ~ yye tt~~ 2 ~ ~y Fp+~ ~O o ~ 1'i Q ~ o~ s ^ w 0 U~ Y.~, t; ;I i j e ° 0 2`- t`n °d 2~ ~ o N r'; 9^ _ tr1' ~O ay OD t .g .,ll g i~4 ~S m o~ c ~ ~Y ~ ' m e J~ r~ , '~e i a ~ 3 - Q e \ d ~ h t E ~qq, I EX[-IIBIT "2" Kauhale Street to Ahiahi Street Connection ROAD LOT A Being a Portion of Lot 47-B-1, Being also a Portion of Grant 3750 to Kahananui at Kalaoa 4th, North Kona, Island of Hawaii, Hawaii Beginning at the northwest comer of this parcel of land, at the northeast comer of Lot 47-B-1-A, on the south side of Alanui Kauhini (Old Government Road), the coordinates of said point of beginning referred to Government Survey Triangulation Station "Moanuiahea" being 6,083.56 feet South and 13,739.18 feet West, and running by azimuths measured clockwise from True South: 1. 268° 59' 50.11 feet along Alanui Kauhini (Old Government Road); 2. 2° 46' 81.61 feet along Lot 1 of Keahole Mauka Subdivision; 3. Thence, along Lot I of Keahole Mauka Subdivision on a curve to the left with a radius of 300.00 feet, the chord azimuth and distance being: 347° OS' 45" 162.07 feet; 4. 61° 25' 30" 50.00 feet along Lot R-1 (Road Lot) of Keahole Mauka Subdivision; 5. Thence, along Lot 47-B-1-A on a curve to the right with a radius of 350.00 feet, the chord azimuth and distance being: 167° OS' 45" 189.08 feet; 6. 182° 46' 78.31 feet along Lot 47-B-1-A to the point of beginning and containing an area of 12,887 square feet, or 0.296 acre EXIIIBIT " 3" ° ~ 33 e , a, i^ \ ~ ~ e ~ ~ e 6 < ~ j ~Y i a~ ~ ~ u R o ~ ~ ~ ~ ~ m ~ Y A ~N~~~ ~ ~ D~ ° O ~ ~ c m `p d'_ 6 4 ' J ' ~ ~ds ~~e v°~ S e/° m ~ ~ ~rw ~ KT ~a!~., y ~ .y'09d, 9 ~ 8 Ld1Y1C i ~Md!~ ~ ~+b ; lg ~ a nnrn~ ~ Inc ..ei '~'1b% i 3 - a. a~ ~ F _ di. m ~ ~ E e_ g q9aa ° W A ' i~~ O V AY 4 .Jr 2 ~ ~ { O O 3 ~ j(' "o~L ° s I~,~ r ~ 8 ~ a =..3 ' ° ~ ] s$ Y O ~ J A ;S~ A ~ Ll ~ r ~ ~ o ° n ~ m ~ I ~ W W yyI~ W • ~ ~ a x . ~ 3~ < 9 ° o~row r m xi ° < ~ i z ~ ti v z < 0 8 F~ o Y ~ M ~ ~ ~ API Olq • ~ Y t9 L-B-LY 7°~ I f E~IIBIT "4" Y