HomeMy WebLinkAboutRES 392 Draft 01 2004-2006 _
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. ll6
AUTHORIZING THE ACQUISITION OF PRNATE PROPERTY BY EMINENT DOMAIN,
BEING PORTION OF TAX MAP KEY: (3)2-4-013:011, 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, Tsutomu Kadooka and Masako Kadooka are the owners of real property
situate at Waiakea, Hawaii, identified as Tax Map Key: (3)2-4-013:011; 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 Tsutomu and Masako Kadooka's property, identified as Parcel 10, containing an
azea of 2,700 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 Hawai `i 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 necessazy 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 guazdrails,
striping, mazking, paving roadway shoulders, and adjusting utility boxes, to take, acquire and
condemn a portion of that certain private property identified as Parcel 1Q, containing an area of
2,700 squaze feet, being a portion of Tax Map Key: (3)2-4-013:011, 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 Depaztment of Public Works; (3) Assistant Corporation Counsel Gerald Takase;
and (4) Tsutomu and Masako Kadooka, 1101 Komohana Street, Hilo, Hawaii 96720.
2
Dated at Hilo , Hawaii, this 7th day of July , 2006.
INTRODUCED BY:
ear.-•.G~ 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 , 200 6
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 RIGA g
vote indicated to the right hereof adopted by the COUNCIL of HOEPn-IANN X
the County ofHawai`ion July 7, 2006 HOLSCHUH X
IKEDA X
ATTEST: ISBELL X
IACOBSON g
PILAGO X
SAFARIK X
8 0 1 0
Reference C-94¢JWaivx] PGrrR(`
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 3~~ 4 ~
3
TRUE NORTH.
SCOIe: 1 finch = g0
feet - Lot tB Lot 20-8 Lot 22
John T. UahiJima and Lou Ayda and wife
wife Margaret S. -Owners Carol -Owners
G2A:5€' 9t03 .:OrN AZEYW~
355'40' - 270.00" ~
2~
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rn ~ ~ o:
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. P o 4
y ~
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a
v G
:i
Lot 3-A-1 P
Shizuo and Aeaa Walanobe, Tr. O
owner $ LOT 3-8-1 ° I ' ~
~ 2.938 ACRES a i> E
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O ~ .,-3 ~
o
a
.n
a
a~ ~ L
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e
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Pao
uvw~L 9584.83 S 8
saw °HALAI" A
175'40' 270.00
nM Pvvl 11
~11 11~ - ,o P°°°a.° 175'40' 270.00 1° H°.°,~a~~-
8 KOMOHANA PARCEL t0 51STF2EE7
Thia work was prepared by me p 2.700 SQ. FT.
~r under my wpervlalon.
G~/IIV,/L~,'
OWNER: TSUTOMU KADOOKA, TR. AND
ROBERT T. SHIRAI, PLS NASAKO KADOOKA, TR.
Stale of Hawaii Cart. No. LS-3985 NOTE: Porcet 10 for odditlon to Komohano 1101 Komohana Slrset
License Expires Aprll JD, 2008 Street Right-of-WOy. H9o, Nowail 98720
ENGIN E ING DIVISION DEPARTM NT 0 KS C OF H WAII
ROADSIDE RIPROVEIIENTS FOR
SUBNITIED BY: CA.P. NQ
$1P-Of00(OS9)
JOB NQ P-3395
DAVE: ~/a' SUBDIVISION OP LOT 3-B
mV1aoN (]11EF INTO PARCEL 10 AND
LOT 3-e-1
APPROVED BY: BEINC A PORTION OF lAT S17-B OF
/ a,s y / (PORTON OF GRANT 90~8~ 7~0
b
ND LANMENCE HENR1~
,~'S[w.s..G, /~1- Leca.ac~/'($. OATS tl wNAKEA, S6UTH HILO, Iffi.AND GF HAwNI, HAWAII
DIRECTOR PLAN BY: I51 iRACEO BY: ISI AYE: 05/12 OB
Tax Map Kay. (3)2-4-013:011 Res. 392-06 Sheet 12 0} 17