HomeMy WebLinkAboutRES 394 Draft 01 2004-2006
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. ~,g~
AUTHORIZING THE ACQUISITION OF PRP?ATE PROPERTY BY EMINENT DOMAIN,
BEING PORTION OF TAX MAP KEY: (3)2-4-012:028, 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, Lester I. Mende and Linda T. Mende are the owners of real property situate
at Waiakea, Hawaii, identified as Tax Map Key: (3)2-4-012:028; 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 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 Lester and Linda Mende's property, identified as Pazcel 6, 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 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 6, containing an area of
900 square feet, being a portion of Tax Map Key: (3)2-4-012:028, 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) Lester I. Mende and Linda T. Mende, 335 Pohakulani Street, Hilo, Hawaii 96720.
2
Dated at Hilo , Hawaii, this 7t:h day of July , 2006.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo , 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
AYES NOES ABS EX
Hilo, Hawaii
ARAKAK[ X
I hereby certify that the foregoing RESOLUTION was by the HIGH X
vote indicated to the right hereof adopted by the COUNCIL of xGPPMnNN g
the County ofHawai`ion July 7,2006 HOLSCHUH g
IKEDA
ATTEST: ISBELL X
JACOBSON X
PILAGO X
SAFARIK
8 0 1 0
Reference C-944/Waived PWIRC
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 3~4 Ci ~
3
TRUE NORTH
Scale: 1 G G R E N ~ A 4 C
inch = 60~ f
e
Lot 817-A
Lot 17-B-1
Lot 20-8 f
Lot 19-C Lot 18-C T
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Lot 20-A-3 I
Lot 17-A
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Lot 20-A-2 ~ ' ~ n 90.00
355'40'-
p to 7.
w < 85.x• 4.C0 Lot 18-A
6 ~ K O ~ n 175'40' 3.00 h Hkoehi Okam~o^~ Family, Tr.
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10940.74 S a m J g
2311.34E ~ 70.40' 1o.3s ° * K
"HALAI" A ~R-2o.o0
a 77.3 xv saes
v,tacn a v,wra 7 3 5'40 vn8ra s
17sa0'-so.oo PARCEL 6 ~`~MII
51•eel
1~ rux~~"`~ KOMOHANA $ STREET 90o SQ. FT.
10 Kpxollanl 51•eel
is work was prepared by me
gr under my aupervlaiOn.
OWNER: LESTER I. MENDE AND (~~/(/r~"ep,,, d,Vy-/ham^\AI----1y
VAFE LINDA T.
1237 Komohana Street ROBERT T. SHIRAI, PLS
Hilo, Hawoll 98720 NOTE: Parcel a fer otltlition to Komohana State of Hawaii Cert. No. LS-5985
Slreat Right-of-Way. Lieenas Explrea April 30, 20118
ENGINEERING DIVISION DEPAR NT OF PU8 C WORKS COUNTY OF AWAIT
ROADSIDE IMPROVEMENTS FOR
SUBMITTED BY: VARIOU NSOU~ L~R~)S
JOB N0. P-3398
DATE` SUBDIVISION OF LOT 18-A
DIVISION CHIEF
INTO PARCEL 6 AND
LOT 18-A-1
APPROVED BY:
BF1NG A PdtTON OF LOT 817-8 OF WAIAKEA HOME51EA05
` ~~'~4 ' S/ / (PORTION OF fiIANT 10,984 TO S MIYASATO)
/ate. E . OA1E ZGJ.e WAIAKEA, SOUTI HILO, ISLAND OF HAWNI, HAWNI
DIRECTOR PLAN BY: ISI TRACED Y: ISI DATE: 05/1 OB
Tax Mop Ksy: (3)z-+-012:028 Res. 394-06 Snset a oT 1T