HomeMy WebLinkAboutRES 390 Draft 01 2004-2006
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO.
AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN,
BEING PORTION OF TAX MAP KEY: (3)2-2-038:015, 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, Richazd T. Isa and Kenneth T. Isa aze the owners of real property situate at
Waiakea, Hawaii, identified as Tax Map Key: (3)2-2-038:015; 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 guazdrails, 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 Richard T. Isa and Kenneth T. Isa's property, identified as Parcel 13, containing
an azea of 1,034 square 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 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 Pazcel 13, containing an area of
1,034 square feet, being a portion of Tax Map Key: (3)2-2-038:015, 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) Richard T. Isa, 376 Niihau Street, Kahului, Hawaii 96732; and Kenneth T. Isa,
1398 Auahi Place, Hilo, Hawaii 96720.
2
Dated at Hilo , Hawaii, this 7th day of July , 2006.
INTRODUCED BY:
t~f
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 X
I hereby certify that the foregoing RESOLUTION was by the RIGA X
vote indicated to the right hereof adopted by the COUNCIL of HOFFMANN X
the County of Hawaii on July 7 , 200 6 HOLSCHUH X
ATTEST: IKEDA X
ISBELL
JACOBSON X
~/j , _ ~ ~ PILAGO X
SAFARIK
~//e / 8 0 1 0
~7/~j~i(xJ Reference C-944/Waived PWIRC
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 3~ f? ~
3
i
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c> _ -ti _ ~ ~~y APB
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fi'r' Lot B-2 ~*i~ Lot B-1
us y Beverly L Brumm, et al Ralph J. Roubiqua
~ Ownera c.- Owner
7 ~ r
o`
Lot 2
William R. Au, et al
Owners
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328'10' 180.00 lal
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JJ N
o .K ~
o a - - - - O- lot 11-C
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LOT 18-A N
r $ 42,526 SQ. FT. S ` _
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ro ~
U $ I N
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~ Lot 11-A
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~ i'E
s ~ 8328.21 S 103'10' 35.36
o= ~ 8403.05E R=25.00 r
v, ; :s "WALAI" A ~ ~
148'10' - 155.00 ~
KINOOLE$ STREET PARCEL 1J $ < T. sti,,
'_'°"°""'s""' 1,034 S4. FT. ~ ~
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Thia work was prepared by me
OWNERS: RICHARD T. ISA or under my auperWelon.
37fi Nlihou Street
Kahului, Hawaii 96732
KENNETH T. ISA
1398 Auahl Place NOTE: Parcel 13 for addition to ROBERT T. SHIRAI, PLS
Hilo, Hawall 96720 Kinode Street and Oheo Slreet State of Hawaii Cert. No. LS-59e5
Rights-of-Way. License Expirae Aprn 30, zobe
ENGINEERING DIVISI DEPARIME T OF PUBLIC RKS COUNTY OF HAWAII
ROADSIDE INPRO~ETAENI5 FOR
SUBMITTED BY: VARIOUS SOUTH MI ROADS
F.AP. NQ STP-0100(059)
JOB N0. P-3398
DATE: S Z ~ SUBDIVISION OF LOT 18
rnwaaN CHIEF
INTO PARCEL 13 AND
LOT 18-A
APPROVED BY:
BEING LOT 1& BLOCK 302 OF WAIAKEA HOMESTEADS
~ ~ C • GRANT 11020 To SNIKO TOMA
/ ~'J• ' DATE; WAIAKEA. SOIITN f#L0. ISLAND OF HAWAN, HAWAII
dRECT01t
PLAN BY: ISI TRACED BY: ISI tlATE: 3 2 Ofi
Tax Nap Key: (3)2-2-038:015 Res. 390-06 Sheet iS of 17