HomeMy WebLinkAboutRES 395 Draft 01 2004-2006
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 33'5 (~6
AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN,
BEING PORTION OF TAX MAP KEY: (3)2-4-012:027, 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, Helen C. Nham is the owner of real property situate at Waiakea, Hawaii,
identified as Tax Map Key: (3)2-4-012:027; 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, mazking, paving roadway
shoulders, and adjusting utility boxes; and
WHEREAS, the roadside safety improvements will require the acquisition by the County
of a portion of Helen Nham's property, identified as Pazce14, containing an area of 160 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 guazdrails,
striping, mazking, paving roadway shoulders, and adjusting utility boxes, to take, acquire and
condemn a portion of that certain private property identified as Pazcel 4, containing an azea of
160 square feet, being a portion of Tax Map Key: (3)2-4-012:027, 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 teens
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) Helen C. Nham, 1249-B Komohana Street, Hilo, Hawaii 96720.
2
Dated at Hilo , Hawaii, this Ott, 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 , 20 0 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 ItIGA X
vote indicated to the right hereof adopted by the COUNCIL of HGPPrvLaxN X
the County of Hawaii on ,7u 7 7 , 200 6 HOLSCHUH g
ATTEST: IKEDA X
ISBELL X
JACOBSON X
PILAGO X
SAFARIK
8 0 1 0
Reference C-944/Waived PWIRC
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 3gS 0~
3
7RUENOR7H Gam:, E3Nti=N~ LAN€:
Scale: 1 inch Lot 877-A
= 60 feet
State of Hawall
Owner
355'40' - 160.00 , ,
a r~
n P
2 ~ F
Lot 19-C mx I LOT 17-B-1 ~ ~
J,<o a 30,337 SQ. FT. ~ ~
o a
i0
0
~ N
F• Lot 15-A
175'40' - 184.00 Ellen Y. Shltgi
Owner
Y
O
Lot 17-A p rtO.1 ~
O
v ga
M ~
a
Lot t9-B I m
m 1
j ~ 0~ p 1
a ~
O
o
~ Lot 14 B
Lot 18-A I N
Hiroehl Okamoto FamBy, Tr. N M
Owner ~ _ ~
Lot 18-A-1 h ~i
c
_~r PERPETUAL EASEMENT AND
Lot 19-A-1 a RIGHT OF WAY (16-FEET WIDE) ~
v (3892 S0. FT.) o ~ x
~
~ p
N S
( T. ~ ~ 4 Lot 14-A-1
uarram g a
* ° ,
R * ~n 11209.97 S
2331.74 E
NO' uu "HALAI" A
~I I ~r^ PM 6 PMLEL a PMC41 ]
- ~o r~a~noko p~xGEL 3 ~o nowoiioni st.eei
~~,.e~ 175'40' 16.00
Thin work woe prepared by me KOMOHANA PARCEL 4 $ STREET
or unoer my auperNaion.
ROBERT T. SHIRAI, PLS OWNER: ARTHUR NHAM TR.
State of Hawall Cert. No. LS-5985 NOTE: Parcel 4 for aatlltlon to Komohona 1249 B Komohano Street
Licenea Expires A rll 30, 2008 Street Righl-of-Way. HAO, Hawall 96720
N NE RING IVI ION DEPARTM NT OF PU6LIC WORKS COUNTY OF HAW II
SUBMITTED BY: VARIOUS SOU HI1L0 ROADS
F.A.P. NO. STP-0100(059)
S OL JOB N0. P-3398
DATE` SUBDIVISION OF LOT 17-B
OINSION CHIEF
INTO PARCEL 4 AND
LO7 17-B-1
APPROVED BY: ~ BEINO A PtM110N OF LOT 617-B OF WAIAKEA HOMESTEADS
la'r~~~s--ae fPC• DATE: 31u.~ WNAICEA, sauTN HILOT ISLAND aF MAWAII~AHAWNI
DIRECTOR
PUN BY: 15 TRACED BY: 151 DATE: OS 2/08
Tax Map Key. (3)2-4-012027 h'2S. 395-05 Slrset 8 of 17