HomeMy WebLinkAboutRES 388 Draft 01 2004-2006
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 388 06
AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN,
BEING PORTION OF TAX MAP KEY: (3)2-2-038:017, 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, Rose K.Y. Kwan, Virginia S.K. Kam, William S.S. Chong, Shirley A.F.K.
Tanaka, Allison M.H. Tanaka, Henry Ah Leong Chong, Lawrence Y.L. Go, Sr., Lawrence Y.L.
Go, Jr., Lauren L.L.Q. Agbayani, and Teresa A.L.D. Chong are the owners of real property
situate at Waiakea, Hawaii, identified as Tax Map Key: (3)2-2-038:017; and
WHEREAS, the County will be doing roadside safety improvements along Kino`ole
Street in South Hilo, County and State of Hawaii, which improvements include constructing
concrete retaining walls and drywells, erecting guardrails, striping, marking, paving roadway
shoulders, and adjusting utility boxes; and
WHEREAS, the roadside safety improvements will require the acquisition by the County
of a portion of the above-mentioned property, identified as Parcel 14, containing an area of
900 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 necessary 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 Kino`ole 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 14, containing an area of
900 squaze feet, being a portion of Tax Map Key: (3)2-2-038:017, 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 are 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) the following owners: Rose K.Y. Kwan, 1571 Hoonipo Street, Peazl City, Hawaii
96782; Virginia S.K. Kam, P.O. Box 240021, Honolulu, Hawaii 96824; William S.S. Chong,
1623 Kino`ole Street, Hilo, Hawaii 96720; Shirley A.F.K. Tanaka and Allison M.H. Tanaka,
P.O. Box 1165, Waipahu, Hawaii 96797; Lawrence Y.L. Go, Sr. and Lauren L.L.Q. Agbayani,
993 Maniniholo Street, Honolulu, Hawaii 96825; Lawrence Y.L. Go, Jr., 94-1012 Lelehuna
Street, Waipahu, Hawaii 96797; and Teresa A.L.D. Chong, 60 Oliana Street, Hilo, Hawaii
96720.
2
Dated at Hilo , Hawaii, this 7th day of July , 2006.
INTRODUCED BY:
c~~~
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo , Hawaii
Date of Introduction June 21, 2006
Date of 1st Reading 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 }t
I hereby certify that the foregoing RESOLUTION was by the xIGA X
vote indicated to the right hereof adopted by the COUNCIL of xGFFMa.NN X
the County ofHawai`ion July 7, 2006 HOLSCHUH X
IKEDA X
ATTEST:
ISBELL
JACOBSON g
PILAGO X
SAFARIK X
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Reference (`-944/waivx3 PWTRC'
COUNTY CLERK CHAIRM & PRESIDING OFFICER RESOLUTION NO. 3~8
3
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Lot A lot 3-B Lot 3-A Lot 2
Hawaiian Hoat Inc. Dowd R. Pereira Shirley L Ruddf0. et d William R. Au Jr. Tr., et al
Owner Owner Owners Owners
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PARCEL 14 ~ r. ~,y~
-r^ tr,°°~ KINOOLE STREET 900 SQ. ~7.
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This work was Prepared Dy me
//////~~~~~'or u~nd~errl(/~My/~~auperWSion.
OWNER: M11WAM S.S. CHONG, ET AL NOTE: Parcel 14 ip addition to
1823 Klnode Street KNode Strael Right-of-WOy R08ERT T. SHIRAI, PLS
Htlo, Hawoii 98720 State of Mawali Cert. No. LS-3983
License Expkas April 30, 2008
ENGI E IN OIVISI PAR T 0 P BLIC WORK5 OUN F AW I
ROADSIDE 6APROVEYENTS F'OR
SUBMITTED VARIWS SOUTH LO ROADS
^„,y7 ~ ~ ~ F.A.P. N0. S"fP-b100(039)
DATE: O(. JOB NO. P-3398
avlsloN CHIEF SUBDIVISION OF LOT 16
INTO PARCEL 14 AND
APPROVED er. LOT 16-A
BEINC LOT 16, BLOp( 302 OF WNAKEA HOMESTEADS
//rr,,~~ ~r~ GRANT 9369 TO CHONG U. BEW
/r"*''~'w- e • ~<<ti"+-ti . P• E . DAIE: S Lb mG WNAKEA, 90UTN F6LA, ISLAND OF HAWAII. HAWAA
dRECTaR
PLAN BY: ISI TRACED BY: ISI DATE: 3/1 06
Tox Yap KeK (3)2-2-036:017 }223• 388-06 Sheet 16 of 17