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HomeMy WebLinkAboutRES 084 Draft 01 2004-2006 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 84 05 AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, BEING ROAD A, TAX MAP KEY:(3)7-3-005:111, SITUATE AT KALAOA, NORTH KONA, COUNTY AND STATE OF HAWAII, FOR THE DEVELOPMENT AND CONSTRUCTION OF A CONNECTOR ROAD BETWEEN HOLU STREET AND KE'OKE`O STREET, KONA, HAWAII. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, Harue Matsumoto is the owner of Road A, situate at Kalaoa, North Kona, Hawaii, identified as Tax Map Key: (3)7-3-005:111, containing an area of 0.865 acres, more particularly described in Exhibit "1"and delineated on Exhibit "2," both of which are attached hereto; and WHEREAS, the County intends to connect Holu Street and Ke`oke'o Street; and WHEREAS, the connection of Holu Street and Ke'oke`o Street would provide a regional benefit for a public purpose and use which will benefit the County of Hawai`I by improving traffic circulation; and WHEREAS, the connection of Holu Street and Ke'oke'o Street would entail the acquiring by the County of Road A, Tax Map Key:(3)7-3-005:111, which has already been 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 Road A connecting Holu Street and Ke`oke'o Street, in Kalaoa, North Kona, Hawaii, to acquire and condemn that certain private property identified as Tax Map Key:(3)7-3-005:111, described in Exhibit "1" and delineated on Exhibit "2" attached hereto. 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 private property. SE IT FURTHER RESOLVED that in the process of said proceedings in eminent domain, the Corporation Counsel be and is hereby authorised and empowered to q~egotiate terms of sett4ement in accordance with Section 2-10, Hawaii Countyr 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 resolutio~i to (1}the I-lonorable Harry Kim, Mayor of the County of ~iawai'i; (2) the Department of €~ublic W®rks; (3) the Office o~` the Corporation Counslel; and (4) I-larue lV9atsumoto, 73-424 lVlamalahoa ~~ghway, Kailua-Kona, I°lawai`i 96740. Dated at Hilo , Hawaii, this 1st day of June , 2004. INTRODUCED 13Y: .~~C COUNCIL ~IIElVl13ER, COUNTY OF HAWAII Hilo , I°lawai'I Date of Introduction May 18, 2005 Date of 1St Reading May ls, 2005 Date of Publication May 27. 2005 Date of 2nd Reading : June 1, 2005 COUNTY COUNCIL FdOLL CALL VOTE County of Hawaii Hilo Hawaii AYES NOES ABS EX ARA KI X t hereby certify that the foregoing RESOLUTION was by tilG/~ X the vote irzdicate~ ra the right hereof adopted by the ?iOF, MAN X COUNCIL of the County of I-fawai'i on J~:-~e 1. 2005 xo scHUl~ X ATTEST: IKEA X ISI3 LL X JA OBSON PI ' GO X S~FARIK 9 0 0 0 Reference C-225/PWIRC -9 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~-i'O' ROAD A Portion of Grant 1608 to Kekeleaukai Kalaoa, North Kona, Island of Hawaii, Hawaii Beginning at the northeast corner of this parcel of lands the northwest corner of Lot 5-D-1 and on the south side of Lot B, Kona Coastview Subdivision, Unit IV, File Plan 975, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 6,148.31 feet South and 11,124.54 feet West and running by azimuths measured clockwise from True South: 1. Following along Lot 5-D-1, along a curve to the left having a radius of 275.00, the chord azimuth and distance being: 328 19' 13.5" 265.00 feet; 2. 299 31' 111.05 feet along Lots 5-D-1 and 5-D-2; 3. Thence along Lots 5-D-2, 5-D-3, 5-D-4 and 5-D-5, along a curve to the right having a radius of 325.00 feet, the chord azimuth and distance being: 331 56' S7" 348.60 feet; 4. 97~ 09' 30" 50.07 feet along Re'oke'o Street; 5. Thence along Lot 5-C-5, along a curve to the left having a radius of 275.00 feet, the chord azimuth and distance being: 151 41' 47" 292.92 feet; 6. 119 31' 111.05 feet along Lots 5-C-5 and 5-C-4; 7. Thence along Lots 5-C-4, 5-C-3, 5-C-2, 5-C-1 and 5-B, along a curve to the right having a radius of 325.00 feet, the chord azimuth and distance being: 148 43' 38" 317.21 feet; B. 272 24' 50.18 feet along Lot 69, Holu Street and Lot 8, Kona Coastview Subdivision, Unit IV, File Plan 975 to the point of beginning and containing an area of 0.865 Acre. 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