HomeMy WebLinkAboutRES 178 Draft 01 2004-2006 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 178 05
AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, BEING
ROAD B, TAX MAP KEY:(3)7-3-005:101, 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, the County of Hawaii, along with Keven and Patricia Rinkenbach (40/80); Isemoto
Contracting Co., Ltd. (4/80); Shibuya Shokuhin Co., Ltd. (2/80); Jerry Egami (2/80); Patrick and Shari
Yages (2/80); David Lynch and Sandra G. Guyot (2/80); Kim Beltz (2/80); Brian McCourt (1/80);
Wayne and Jane Wilson (1/80); Kim, Carol, Edwin and Marietta Maier (2/80); Nannette Williams
(1/80); and Philo and Ok Soon Owen (1/80), are the owners of Road B, situate at Kalaoa, North
Kona, Hawaii, identified as Tax Map Key: (3)7-3-005:101, containing an area of 9,676 square feet,
more particularly described in Exhibit "1"and delineated on Exhibit "2," both of which are attached
hereto, and which is the connector road between Holu Street and Ke'oke'o Street; 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, Confition F of Ordinance No. 97-87 requires the subject roadway to be
constructed to County dedicable standards and dedicated to the County upon the County's request.
However, this dedication was never requested; and
WHEREAS, the subject roadway 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, 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 B 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)7-3-005:101, 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.
BE IT FURTHER RESOLVED that in the process of said proceedings in eminent domain, the
Corporation Counse! be and is hereby authorized and empowered to negotiate terms of settlement in
accordance with Section 2-10, Hawaii County Code, and the approval of the court before which such
proceedings are prosecuted.
BE IT FURTHER RESOLVED that the Clerk of the Ca,~nty of Hawaii is directed to transmit
copies of this resolution to (1) the Honorable 0-~arry Kim, Mayor of the County of Hawaii; (2) the
Department of Public Works; (3) the Office of the Corporation Counsel; and (4)
Dated at Kona ,Hawaii, this 7th day of December , 2004.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Kona , Hawaii
Date of Introduction November 22, 2005
Date of 1st Reading November 22, 2005
Date of Publication December 2, 2005
Date of 2nd Reading December 7, 2005
Effective Date
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
i +ilo, I°lawai'i AYES NOES ABS EX
ARAKAKI X
I hereby certify that the foregoing t~ESOLUTION was by HIGH x
the vote indicated to the right hereof adopted by the HOFFMANN X
COUNCIL of the County of Hawaii on December 7, 2005. HOLSCHUH
X
IKEA X
ATTEST:
ISBELL X
JACOBSON
PILAGO X ~
SAPARIK X
9 0 0 0
Reference C-468/PWIRCL 2 7
COUNTY CLERK CFIAIRMAN PRESID O OFFICER RESOLUTION NO.
All of that certain parcel of land (being portion of the land(s)
described in and covered by Royal Patent Grant Number 1607 to Nawahie)
situate, lying and being at Kalaoa 4th, District of North Kona, Island
and County of Hawaii, State of Hawaii, being LOT B, and thus bounded
and described:
Beginning at the southeast corner of this parcel of land, being also
the southwest comer of Lot B-2, the coordinates of said point of
beginning referred to Government Survey Triangulation Station
"MOANf1IAHEA", being 6,928.18 feet south and 10,747.49 feet west,
thence running by azimuths measured clockwise from true South:
1. 96° 37' 46" 59.99 feet along the remainder of
Grant 1607 to Nawahie (Lot 6,
50-ft. road);
2. 186° 50' 193.74 feet along the remainder of
Grant 1607 to Nawahie (Lot B-3);
3. 277° 09' 30" 50.00 feet along Grant 1606 to
Kekeleaukai;
4. 6° 50' 193.30 feet along the remainder of
Grant 1607 (Lot B-2) to the
point of beginning and
containing an area of 9,676
square feet, more or leas.
~C/. /y ~ ~ i
~ i I cYJ.~~ I
~ - ~ ~ 'InG l..i 6
js F~E~~ p Fa ~
x t~~, 2 ` =IV
r~ ~ I ~ ~i! ~ .Rt I° u~/` t o I~ fi n
tJ yP~ w i~ ~yr~.. ~1 f~ t 05 ~~~r X11• ~ ~ I~
r.n ~:i v I '1 ,T, eo. IC ,f ,r. ticWi
.r7 " ` ~ ~ h i.v3 n, Inc'S
~ ~O I ~ ~
h,»>.~ ~ c., j
f
F ~ ~ ,=JQ C ^ ~ T is : ti
~ e i ~ TT ~ ~ ~ ~ ~ ~
atl: ~ ,L~~~ ~
~ • . y~
q
/ ~ i ~ ^I~.~ 1 ~ iE :f
~ ~ ~ CrY ' , ~ li
~ ' / ~ O
4 i~ - I ~ i
A RI ~ II ~ p ;ti -1' -~I i~ ~ F Y I~ ` .~rl
~ ~ ~
i 81' ~ E ~ I tea.
Q ` p • 1; ~y t!
~ p ~ ~ g ' t! to
L'{ rya ~ ^i i Ti r ~
{ 1
V': `i// / a Y ~ ~ ~ r ~ I 1
~ N
{ \ ~
~ i `his; ~ ~ •i
t
~ ~ 1~. ~t~ ~ I ~.~_~I A 2 . ~ ~ Z ; ~i ! f~~ raj `Y ~ w.
i I Q ~ ~b ~ i i i.~ ° 'il'k
~i~ i ' ~ s~ i ; ~ I 8i ~ ~ :t , ~ fi
ii a
~ ~ .r ~
f~' I i=
V ~ ~ ~ 'i ~ 1' ~ i ('at ® li ~f ~ ~ h 1 [
4 i ~ ' • J f~
, i. iAI i ~ it fi. ~ ~ I i1F
['0 ~1?e I~ ~ ~ 4 ~ I ~
~N ~ 1
~ CIS ~ .L ~ .EC>" I ~ ~ ~ 8
~I I / ~ ~~II `1[ ' i V
N ~,i ~ / I r <I I ~ I
~ I o"
~ ~--...r ~ ,F Fp O
/I
F~ ` ~ ~
- - - -
I
• ' E r<i~i~iy