HomeMy WebLinkAboutRES 397 Draft 01 2004-2006
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 39'7 Q6
AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN,
BEING PORTION OF TAX MAP KEY: (3)2-4-012:023, 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, Tokuma Sako and Sadako Sako are the owners of real property situate at
Waiakea, Hawaii, identified as Tax Map Key: (3)2-4-012:023; 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 Tokuma and Sadako Sako's property, identified as Parcel 1, 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 1, containing an area of
900 square feet, being a portion of Tax Map Key: (3)2-4-012:023, 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) Tokuma and Sadako Sako, 1281 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 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
Hilo, Hawaii AYES NOES ABS EX
ARAKAKI X
I hereby certify that the foregoing RESOLUTION was by the HIGH g
vote indicated to the right hereof adopted by the COUNCIL of xoFFMANN X
the County ofHawai`i on July 7. 2006 xoLSCxUH g
IKEDA X
ATTEST:
ISBELL X
JACOBSON g
PILAGO g
SAFARIK X
0 1 0
~ Reference C-944/Waived PWIRC
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 3 ~ ~
3
TRUE NORTH
Gam`-+'ERN~ E4'4' SAN 0
Scale: 1 inch = gp-el Lot 617-A
State of Hawaii
Owner
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PARCEL 1 175.40' 90.00 Thie work was prepared by me
- 900 5Q. FT. KOMOHANA STREET K°"^°~^~ or ender my saperweion.
~,.ee~
OWNER: TOKUMA SAKO, TR. AND
SADAKO SAKO, TR. ROBERT T. SHIRAI, PLS
1281 Komohana Street State of Wawoli Cert. No. LS-5985
Htlo, Hawoil 98720 NOTE: Parcel 1 for addition to Komahano Lleenee E~pkes AprY 30, 2008
Strset Right-of-Way.
ENGINEERING DIMS ON DEP ENT OF UB C WORK C UN OF W WAI
ROADSDE IMPROMd1EN15 FOR
SUBMITTED BY: VARIOUS SOIITX WRA ROADS
s F.A.P. N Slh-Of00(b50)
JOB NQ P-3J88
DIN90N CHIEF 0A~ $U9DIVISION OF LOT 13
INTO PARCEL 1 AND
LOT 13-A
APPROVm Br:
BEING A PORTION OF LOT 877-8 OF WNNCEA HOMESTEADS
/?u.-a-.--~,~°~u~~~E. DALE: s o WNNfEA, SOUTIt wRµoT, igQ.A~nb ~srlAwul~nAw~ll
OMEOTOR PLAN BY: 19 TRACED BY: ISI BATE: 05/12 66
TaK Map Key. (3)2-4-012025 Res. 397-06 Shwt s of n