HomeMy WebLinkAboutRES 387 Draft 01 2004-2006
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION N0.38'7 ~6
AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN,
BEING PORTION OF TAX MAP KEY: (3)2-4-013:007, SITUATE AT WAIAKEA, COUNTY
AND STATE OF HAWAII, FOR THE SOUTH HILO ROADSIDE IMPROVEMENTS
PROJECT.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII.
WHEREAS, SHIZUE AKIYAMA is the owner of real property situate at Waiakea,
Hawaii, identified as Tax Map Key: (3)2-4-013:007; and
WHEREAS, the County will be doing roadside safety improvements along Komohana
Street in South Hilo, County and State of Hawaii, which improvements include constructing
concrete retaining walls and drywells, erecting guazdrails, striping, mazking, paving roadway
shoulders, and adjusting utility boxes; and
WHEREAS, the roadside safety improvements will require the acquisition by the County
of a portion of Shizue Akiyama's property, identified as Pazce19, containing an area of
2,023 squaze feet, and more specifically delineated on the attached map; and
WHEREAS, the roadside safety improvements will provide a regional benefit for a
public purpose and use which benefits the County of Hawaii; and
WHEREAS, it is necessazy for the County of Hawaii to acquire the above-described
portion of real property, requiring that the County of Hawaii invoke its condemnation powers, to
complete the roadside safety improvements; 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: providing safety
improvements along the roadside of Komohana Street in the District of South Hilo, County and
State of Hawaii, by constructing concrete retaining walls and drywells, erecting guardrails,
striping, marking, paving roadway shoulders, and adjusting utility boxes, to take, acquire and
condemn a portion of that certain private property identified as Parcel 9, containing an area of
2,023 squaze feet, being a portion of Tax Map Key: (3)2-4-013:007, and delineated on the
attached map.
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 Counsel 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 aze prosecuted.
BE IT 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) Shizue Akiyama, 1157 Komohana Street, Hilo, Hawaii 96720.
2
Dated at Hilo , Hawaii, this 7th day of July , 2006.
INTRODUCED BY:
,G~at~t.LCZ l~~.r
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo , Hawaii
Date of Introduction June 21, 2006
Date oflstReading June 21, 2006
Date of Publication June 30, 2006
Date of 2nd Reading July 7, 2006
Effective Date July 7, 2006
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii AYES NOES ABS EX
ARAKAKI X
I hereby certify that the foregoing RESOLUTION was by the x[GA X
vote indicated to the right hereof adopted by the COUNCIL, of xoPPt~LaNN X
the County ofHawai`ion July 7. 2006 HOLSCHUH X
ATTEST: IIG=DA X
ISBELL X
JACOBSON X
~ PILAGO X
SAFARIK X
8 0 1 0
Reference ~-944/,~aivx3 PWTRC~
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ ~ ~ ~ ~
3
TRUE NORTH
Scale: 1 inch _
- 60 feet GO'v?=.4N;E,4€~ ;_AND
Lot 617-A
Lot 4-F Lot ~-E-1 Lot 4-E-2
Z
V G
_
~ '4
1V v Lot 25 _ U
~ Hlw Morimoto, Tr.
Lot hD-2-A c I LL ~ ~ Lot 4-C Owner
~B pp~ 'T E~~ w~
p p P V Y T
~ O
vs o Yw
- ~a W v j; 4
p ~ U
41 ~ r'
0
t '4
Lot {-D-1-A ~ ~
'f
~ C, 355'40' - 210.00 ~
rn
vi ~
~ LOT 4-A-1
Lot .-B 4 ~ 30,647 SQ. FT. ~ ~
a
Y
a 4
250'40' 10.35
-o ~ R=20.00 10302.57 S p~ T T• SMj
P= 205'40' 20.00 ?HALAIB A `x'~"g0 ~i
R=20.00 rRa[saaKK
~ 175'40' 20 .32 # 1AND
G Ha saes
- In Fpp~nnhn 17J'40' ~ 190.OQ lp Kpwpilnni-~
$I,ppl Slreel ~I 1
KOMOHANA 2.023 Sf~. FT. STREET S
This work wos prepared Dy me
IIII`^^`[[,,orALLunder my wperNeion.
~l~
OWNER: SH12UE AKIYANA ROBERT T. SHIRAI, PLS
1157 Komanano Street Slots of Hawa6 Csrt. No. LS-3985
Hilo, Hawaii 96720 NOTE: Parcel 9 for otldition to Komohan0 Licenw Expires April 30, 2008
Street Right-of-Way.
ENGINEERING DIVISION DEPARTMENT OF PU C KS COUNTY F HAWAI
SUBNITIEO BY: ~d15 ~17~11
MiLO R0~
~ ~j~ f.A.P. N0. S7h-0100(059)
!(/"'--G~l Y' DATE~~u/~ JOB N0. P-3390
avlsloN d11EF SUBDIVISION OF LOT 4-A
INTO PARCEL 9 AND
LOT 4-A-1
APPROVED BY: BEINC A PORTION OF LOT 817-8 OF
wuAKEA Ha1ESTEADS 1sT SERIES
~~11{{,,~~~ ~.`GG-..rte .E sa e~ (PORnoN of aeANr 9o+e To DAVw uwRENCE HENRY)
,1°.'x"'''". ~ DATE: WNAKEA, SOUTH NILO, ISIJJlD OF HAWNI, HAWNI
DIRECTOR PLAN BY: 151 TRACED BY: 19 DATE: OS 12/08
Toll Map Key. (3)2-4-013:007 Res. 387-06 Shwef 11 Of 17