HomeMy WebLinkAboutRES 230 Draft 01 2004-2006
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 230 ~D5
AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTIES BY EMINENT DOMAIN,
BEING PORTIONS OF TAX MAP KEYS: (3)1-3-003:005 AND 006, SITUATE AT
KAUAEA, PUNA, COUNTY AND STATE OF TIAWAT`I, FOR THE KALAPANA ROAD,
HIGHWAY 137, REALIGNMENT PROJECT.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWA[`I.
WHEREAS, Kamehameha Schools/Bernice Pauahi Bishop Estate, is the owner of
properties situate at Kauaea, Puna, Hawaii, identified as portions of Tax Map
Keys (3) I -3-003:005 and OOb, which is adjacent to the Kalapana Road, Highway 137, more
particularly described as follows, and delineated on Exhibit "1"attached hereto:
Parcel 2 136,225 sq. ftJ3.127 acs.
Flowage Easement F-] A 1,836 sq. fi.
Flowage Easement F-1B 1,417 sq. ft.
Flowage Easement F-2 374 sq. ft.
Flowage Easement F-3A 835 sq. ft.
Flowage Easement F-3B 1,38£ sq. fi.
Construction Easement C-2 2,404 sy. ft.
WHEREAS, the County needs to realign the Kalapana Road, Highway 137, because of
the erosion of the highway into the sea; and
WHEREAS, the Kalapana Road, Highway 137, provides a regional benefit for a public
purpose and use ~ hich benefits the County of Hawaii; and
WHEREAS, the realignment of the Kalapana Road, Highway 137, will traverse portions
of the properties identified as Tax Map Keys: (3)1-3-003:00 and 006 owned by Kamehameha
Schools/Bernice Pauahi Bishup Estate; and
WHEREAS, it is necessary (or the County of Hawaii to acquire the above-described
portions of real properties, requiring that the County of Hawaii invoke its condemnation powers,
to complete the realignment project; and
WHEREAS, Section 1 O L-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 [T RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWA1`1 that it is necessary for the public use and purpose, to wit: the realignment of the
Kalapana Road, Highway 13~, at Kauaea, Puna, Hawaii, to acquire and condemn the private
properties ,identified as poriions of Tax Map Keys: (3)1-3-(103:005 and 006, more particularly
described as follows, and delineated on Exhibit"l" attached hereto:
Parcel 2 136,225 sq. ft./3.127 acs.
Flowage Easement F-lA 1,836 sq. ft.
Flowage Easement F-1B 1,417 sq. ft.
Flowage Easernent F-2 374 sq. it.
Flowage Easement F-3A 835 sq. ft.
Flowage Easernent F-3B 1,388 sq. ft.
Construction F;asement C-2 2,404 sq. ft.
BE CC 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 properties.
BE IT FURTHER RESOLVED that in the process of said proceedings in eminent
domain, the Corporation Counsel be and is hereby authorized Ord empowered to negotiate terms
of settlement in accordance with Section 2-LQ Hawai`i County Code, and the approval of the
court before which such proceedings are prosecuted.
BE I"C FURTHER 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 Department of Public Works; (3) Assistant Corporation Counsel Gerald Takase;
and (4) Robert F. Rosehill, Land Manager, Kamehameha Schools. P.O. Box 495, Pa`auilo,
Hawaii 96776.
Dated at Hilo .Hawaii, this 1st day of February , ?006.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo , Hawaii
Date of Introduction January 20, 2006
Date of 1st Reading January 20, 2006
Date of Publication January 2 7, 2 0 0 6
Date of 2nd Reading February 1, 20 0 6
Effective Date February 1, 20 0 6
COUNTY COUNCIL. ROLL CALL VOTE
County of Hawaii
Hilo, Ilawai'i AYES NOES At3S EX
ARf\KAKI X
1 hereby eertitti~ that the foregoing RESOLUTION was by the Enc;A X
vote indicated to the right hereof adopted by the COUNCIL of ItGI EM,ANN X
the County of Hawaii on February 1, 2006 HOLSCHUH X
IKI3)A X
.ATTEST: ISI?~ LL X
JACOBSON X
PILAGO X
SAFARIK X
8 0 1 0
C~~
-s-,'~ ~ C-602 PWTRC -
F,,.. Reference / 31
COUNTY CLERK CHAIRI~.AN PRESIDING OFFICER RESOLUTION NO.
- -
i w ~
T
i o z
a
a
R ti~ /~C ~,1 4 p g - I>
-0 S
d a Y ~
Y ~ .4 ~ ~ g
s ~ °4
~ M af. gx
1a ~ a
F`
SR_ s I,.}}.N g L
a~ _ ~ ~
r h
a„' ~ it
~
- yf. ~ - ~c ~ c
p
jm~ .mow: L ~,o I~J~ c b
rya a
' _~ris~, b ~ a~ q
p
x ~ ~ ~ ~ ~
~~F'.r~ ~n ~a ~ ~ gb g~~ as
N y
I~ sAa ~b~ 8J ~3~ 3
~a
ay y ' } x18^ H
F^~ + h`y ~3 ~ s ~
f 38 P
1 ,
n \ ' x r'
c
.
a:
t'e,
e
y1 _ f
T
}
1 - . a ` iv.
I
I i
_ - 1'