HomeMy WebLinkAboutRES 396 Draft 01 2004-2006
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 396
AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN,
BEING PORTION OF TAX MAP KEY: (3)2-4-012:026, 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, Hiroshi Okamoto and Kimie Okamoto are the owners of real property
situate at Waiakea, Hawaii, identified as Tax Map Key: (3)2-4-012:026; 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 Hiroshi and Kimie Okamoto's property, identified as Pazce15, 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 5, containing an area of
1,640 square feet, being a portion of Tax Map Key: (3)2-4-012:026, 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) Hiroshi Okamoto and Kimie Okamoto, 1249 Komohana Street, Hilo, Hawaii 96720.
2
Dated at Hilo > Hawai`i, 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 , 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 H[GA X
vote indicated to the right hereof adopted by the COUNCIL of xOPPrvInNN g
the County ofHawai`i on July 7. 2006 xOLSCHUH g
ATTEST: IKEDA X
ISBELL
JACOBSON X
PILAGO g
SAFARIK X
8 0 1 0
~ ~
Reference C-Q44JW3iesi ~T~`
COUNTY CLERK CHAIRMAN & PRESIDING OFFICERRESOLUTION NO. 3~~ f~6
3
TRUE NORTH
G R 4 m E N' A N ii
Scale: 1 inch = 6060
f~_
Lot 617-A
Cj
O
4~
Lot 1B-C Lot 17-8-1
Arthur K. k Halan C. Nahm, Tr. ~
Owners !h ; \
/ Lot 15-A
F-
Lot 17-A
Arthur K. dt Helen C. Nahm, Tr.
e r, Owners
66844 r~
O
m
o ~ 1 355'40' 164.00
of
j~C ~
O~
6 °
~ ? S'
IM V
N \ ~ ~ N Lot 14-8
N
LOT 16-A E
e„ W
„ I M 39,895 SQ. FT. a M ,
~ 't N N rc
1 ~ r
t~ l A b i Lot 14-A-1
mss a `6 °a
I'-s
J4J N
~ ~ ~{,Pt L S,yi
11030.49 S $ $
2318.14E ° ° * `"'Dµ
"HALAI° A N0. eeu
175'40' - 1 4.0
' PARCEL e -er„ f I ~C '
PARCEL 5 175'ao' - 16a.oo PA1fC14 `ww
1640 S0. FT. PARCEL ~
KOMOHANA STREET s~,.., work wee prepared by me
under my wperNSion.
OWNER: HIROSHI OKAMO70 FAMILY, TR.
1249 Komohano Street ROBERT T. SWIRAI, PLS
HHO, Hawaii 96720 NOTE: Parcel 5 for addition to Komohana State Of Hawaii Cert. No. LS-5985
Stroet Right-of-Way. License Expires April 30, 200E
ENGINEER N IVIS ON DE ARTME T Of PUBLIC RKS OUNTY F H All
SUBMIYTED BY: VARIOUS SOIL
N~ILO GADS
F.A.P. N0. S1P-0100(039)
DATE s/tea ~ N0. P-339E
oN CHIEF SUBDIVISION OF LOT 16
INTO PARCEL 5 AND
APPROVrro Br: LOT 16-A
BoNC A POI:naN of Lor en-B aF wuAKEA HDMISTEADs
p,~~ C L d~~K (PORnON OF GRANT f0,9E4 TO S MIYASATO)
t/""`-'- /FL DAIS: s r+G Ob WNAKEA, SDUIk HILO, ISLAND OF HAWA9, HAWAE
DIRECTOR
PLAN BY: ISI iRACEO BY: ISI DATE: 03/12 OB
Taz Mop Key. (3)2-4-012:028 Res. 396-06 Sheet > oe t7