HomeMy WebLinkAboutRES 391 Draft 01 2004-2006
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 391 06
AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN,
BEING PORTION OF TAX MAP KEY: (3)2-4-012:024, 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, Isoe Isemoto is the owner of real property situate at Waiakea, Hawaii,
identified as Tax Map Key: (3)2-4-012:024; 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 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 Isoe Isemoto's property, identified as Parcel 2, containing an area of 1,640 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 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 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 2, containing an area of
1,640 squaze feet, being a portion of Tax Map Key: (3)2-4-012:024, 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) Isoe Isemoto, 1269 Komohana Street, Hilo, Hawaii 96720.
2
Dated at Hilo , Hawaii, this 7th day of July , 2006.
INTRODUCED BY:
.GQ..y....~ ~~t!a
COUNCIL MEMBER, COUNTY OF HAWAII
xilo , 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
I hereby certify that the foregoing RESOLUTION was by the HIGH g
vote indicated to the right hereof adopted by the COUNCIL of xoPPn-LaNN X
the County of Hawaii on July 7 . 2006 HoLSCHUH g
IKEDA X
ATTEST:
ISBELL X
JACOBSON g
PILAGO X
SAFARIK X
8 0 1 0
eference C-944/Waived PWIRC
~/~'^r"- , , ICI
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 3 ~ 1 E) 6
3
TRUE NOR TN
Sccle: 1
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f`e'e`t G~ ER:s:.EN-€ ANC
Lot 617-A
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Lot 17-8-1
P Lot 12-C
Lot 15-A ~
Ellen Y. Shiigl ~
Owner
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Lot 17-A
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~ ~ ~ ~ Lot 14-8 ~
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Lot 16-A
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P' 355'40 - 164.00 Lot t2-A
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j ~ ~ LOT 14-A-1 ~ ^ ~3`t T. ~?y
1 6,127 sQ. FT. ~
O 11389.46 S * wio a~ranµ
.I o PARCEL ~ o ~ 2345.34E 3°°'
1,640 S0. FT. ea "HALAI° a
~ 175'40 - 164.00 ~II
PMCEi, a PMOFL I
n 175'40' 164.00 Thla work was prepared Dy me
~n ~ ~ KOMOHANA STREET s""' - ~ under my superwalon.
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ONNER: ISOE ISEMOTO ROBERT T. SHIRAI, PLS
1269 Komohona Street State of Hawaii Cert. No. LS-5985
Hllo, Howail 98720 NOTE: Parcel 2 for oddition to Komohona License Expires Apr9 30, 2008
Street Riyhl-of-Way.
ENGINEERING IVISION DEPARIME T OF PU9uC WO K5 CO NTY OF HAWAII
SUBMITTED BY: VOARIOUSE ISOUTNO
HMpA ROADS
F.A.P. N0. STP-0100(059)
S G Of JOB N0. P-3399
dNS1oN CHIEF DAB SUBDIVISION OF LOT 14-A
INTO PARCEL 2 AND
LOT 14-A-1
APPROVED BY: BEINO A PORTION OF LOT 817-8 OF WNAKEA HOMESYEADS
~ " ~ (PORTION aF CRANT 10,084 TO S. MIYASATO)
,ry.w...-C. ~i. C.E"-t<<„t E . DAB; ~L CG WNAKEA, SOUTH l9lA, ISLAND OF NAWNI, HAWM
DIRECTOR
PUN 0Y: ISI 7RACE0 BY: ISI DATE: O5 2 OB
Tax Map Ksy. (3)2-4-012:024 Res. 391-06 Sheet 4 of 17