HomeMy WebLinkAboutRES 393 Draft 01 2004-2006
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. t?6
AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN,
BEING PORTION OF TAX MAP KEY: (3)2-4-012:029, 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, John R. Lewis and Adeline Lewis aze the owners of real property situate at
Waiakea, Hawaii, identified as Tax Map Key: (3)2-4-012:029; 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 John and Adeline Lewis' property, identified as Parcel 7, containing an azea of
900 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 ofHawai`i; 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 7, containing an area of
900 square feet, being a portion of Tax Map Key: (3)2-4-012:029, 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 Deparhnent of Public Works; (3) Assistant Corporation Counsel Gerald Takase;
and (4) John R. Lewis and Adeline Lewis, 1229 Komohana Street, Hilo, Hawaii 96720.
2
Dated at Hilo , Hawaii, this 7th day of July , 2006.
INTRODUCED BY:
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
AYES NOES ABS EX
Hilo, Hawaii
ARAKAKI X
I hereby certify that the foregoing RESOLUTION was by the H[GA X
vote indicated to the right hereof adopted by the COUNCIL of xoEErvIANN X
the County ofHawai`ion July 7, 2006 xoLSCxvx
IKEDA X
ATTEST: ISBELL X
JACOBSON g
PILAGO X
SAFARIK
7 0 2 0
. .
Reference x_944 /waiyarl PGTTIi["
COUNTY CLERK CHAIRMAN & PRESIDING OFFICERRESOLUTION NO. 393 C~ ~
3
7RUENOR7~` GO v ~ RN:w ~ N's' LAN::
Sccle: 1 inch = 60Bp
f-` Lot 817-A
lot 20-8 Lot 19-C Lot 18-C
5~
2'
~ Lot 17-B-1
t'+'
lot 20-A-3
c•
~ ~ Lot 17-A
e~ I mY~
m J I I I e I
~~U1 ~ee
Jw~
~ J~b'~J I I ~O
Lot 20-A-2 ~ u3 I I 3
Yoahhnl and Atko ~ J?
Nakayama, h. -Owner . ~ s I E
6
~ 355'40'-90.00
6
al ~ 80.00
tO g N
b fn p lot 16-A
b ~ F mO ~ ~ a ~
w
< I
P~ ~ ~ I ~ II Zen a-S
o. Lot 20-A-1-A t.l F ~ ~ ~ rA ~ $g ~
~ Yoehiml and Alko a ~ a- I w Q 3
Nakayomo, Tr. - Ownera ~ J ~ g O Q L ;
S ~ ~ ~I 10940.74 S t T~ ~'7
6 280'40' 10.35 ~ ao 2311.34E ~
R`2D•OOc "HALAI" A K
7.32 * wrD aMnFrpt
s rNKU a '4 r~ a eo. eem
PARCEL 7 17540 -90.0
900 SQ. FT. KOMOHANA $ STREET ~I1
s„""~ o -
Ko"o,~a"~ Sr,ee~
- ~ie work woe prepared Hy me
or under my supervision.
OWNER: JOHN LENTS, TR. AND
ADELINE LEWIS, TR. ROBERT T. SHIRAI, PLS
1229 Komohona Street State of Hawoii Cert. No. LS-5985
Hilo, Howali 96720 NOTE Pored 7 for addition to Komohona LlcMas Eitpkaa Apr9 30, 2008
Street RIgHt-of-Way.
ENGINEERING DIVISION DEPARTMENT OF PUBLIC KS COUNTY HA All
ROADSIDE IMPROVEMENTS FOR
SUBMITTED BY: VN60U N0 17~P ~~~)S
JOB N0. P-3398
DATE`=~ SUBDIVISION OF LOT 19-A
DINSION CHIEF
INTO PARCEL 7 AND
LOT 19-A-1
APPROVED BY: / / BEING A PORTION OF LOT 817-8 aF WNNCEA HOMESTEADS
~4.r-.~G. IFt~~~'...,,.~.a ~E. $ sL /eL ~~TON OF GRANT 10.984 TO S. MIYASATO)
DATE / . ` WNNfEA, SOUTH NILO, ISLAND OF HAWA6, HAWNI
DIRECTOR
PLAN BY: ISI 1RACED BY: ISI DATE: OS 206
ioa Map Ksyc (3)z-4-mzoz9 Res. 393-06 Sliest 9 of n