HomeMy WebLinkAboutRES 389 Draft 01 2004-2006
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. r~~:
AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN,
BEING PORTION OF TAX MAP KEY: (3)2-2-038:018, 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, Gloria C. Cooper is the owner of real property situate at Waiakea, Hawaii,
identified as Tax Map Key: (3)2-2-038:018; 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, 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 Gloria Cooper's property, identified as Parcel 15, containing an area of
480 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, mazking, paving roadway shoulders, and adjusting utility boxes, to take, acquire and
condemn a portion of that certain private property identified as Parcel 15, containing an area of
480 squaze feet, being a portion of Tax Map Key: (3)2-2-038:018, 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 Hazry Kim, Mayor of the County of
Hawaii; (2) the Department of Public Works; (3) Assistant Corporation Counsel Gerald Takase;
and (4) Gloria C. Cooper, 374 Unit C, Avenida Castilla, Laguna Woods, California 92637.
2
Dated at Hilo ,Hawaii, this 7th day of July , 2006.
INTRODUCED BY:
t1C~~
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
I hereby certify that the foregoing RESOLUTION was by the xIGA X
vote indicated to the right hereof adopted by the COUNCIL of xoPPrvIANN X
the County of Hawaii on July 7 , 200 6 HOLSCHUH X
ATTEST: IKEDA g
ISBELL X
JACOBSON X
PILAGO X
SAFARIK X
„ 8 0 1 0
Reference C-944/Waived PWIRC
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 3 ~9 ~ 6
3
~aO ~`PH
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Lot 4-B Lot A Lot 3-B
G.~41' 9835 TC 'k:~~iC 3AP7iS~.A, SR. GRA.~iC 10637 'FC
idRS. S-'.-IIZUE kk
Lot 14-A-ts ~ Lot 15-C LotD
Lyrlna S. Watanabe Reuben Soriano and !y
Owner wife Bobbie Jo - Ownero 0
~c
~y ~ Lot t8-A J•
E ~ Wpllam 5.~~ onq, et al
328'10' - 96.00 C=U
'C' 13.00 4~
~ :\y
N
c~'Oa°o SR a ~ ~ ~ a°o
:.f Lot 14-A-2 Lot 15-8 ~p 6
Brlan J. Hermon N'1 IgN Z Q ~ $ P1 ~y~
et d -Owners I ~ I I r w Cy ~ ~ ~ ~
n f
I r
oq~ fo ~ R ~8w~a' ~O o eq.
0
5940.79 S ~ ~ ~rc J w0
!9162.53 E R ~
'~HALAI~ A w 148'10'-96.00
B6 68
14 7 9 .0
KINOOLE STREET $ 4e0 so. FT. ~~t~pl~
~'4~
--m no.~u sv«i m auomoxo so-«< - * wO awKm~rt
Ka 6e06
7111
This work was preparstl by me
or under my supeMsipl.
OWNER: RUTH BENiON TRUST
5190 Cordon Volley Rd. NOTE: Parcel 15 far addition to R08ERT T. SHIRK, PLS
FairReltl, Calitomia 94534 KMOde Strsat Rlghl-of-Way State of Hawaii Carl. No. LS-5985
Ocense E>~tas Aprll 30, 2006
ENGIN ERING IVISION DE TM NT OF PU C K5 C NTY WA II
SUBMITTED BY: vR~s 1~1°~''' o,~s
~ F.A.P. N0. 51P-0100(Sq)
///DATE ° SUBDIWSIONaOF LOT 15-A
avlsla+ fx1~F INTO PARCEL 15 ANd
LOT 15-A-1
APPROVED Br. BEIND A PaRna1 aF LoT 1a atAac 3oz of
WNNCEA HOLIESYEA08
~ dtANT 8338 TD FRANK AYARAL
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' DATE s sL eL WNAKEA, SOOIIi KILO, ISLAND OF HAWAU, HAWAY
aRecrae
PLAN BY: I51 TRACED BY: ISI DATE: 2/28 08
TaK Yap Key: (3)2-2-038:018 Res. 389-06 SheN 17 of 17