HomeMy WebLinkAboutRES 398 Draft 01 2004-2006
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 338 (36
AUTHORIZING THE ACQUISITION OF PRNATE PROPERTY BY EMINENT DOMAIN,
BEING PORTION OF TAX MAP KEY: (3)2-4-012:025, 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, Ellen Shiigi is the owner of real property situate at Waiakea, Hawaii,
identified as Tax Map Key: (3)2-4-012:025; 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 Ellen Shiigi's property, identified as Parcel 3, 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 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 3, containing an area of
160 square feet, being a portion of Tax Map Key: (3)2-4-012:025, 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) Ellen Shiigi, c/o Blake Shiigi, P.O. Box 373, Wailuku, Hawaii 96793.
2
Dated at Hilo , Hawaii, this 7th day of July , 2006.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
July , Hawaii
Date of Introduction June 21, 2006
Date of IstReading 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
I hereby certify that the foregoing RESOLUTION was by the xIGA g
vote indicated to the right hereof adopted by the COUNCIL of xoEErvIANN X
the County of Hawaii on Ju i y 7 20 0 6 HoLSCHUH g
ATTEST: IKEOA X
ISBELL X
IACOBSON g
PILAGO
SAFARIK X
8 0 1 0
Reference C-944/Waived PWIRC
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 3 ~ ~
3
TRUE NORTH
Scale: ~ GO ERtci:~:v '=_AND
1 inch 60 feet
Lot 817-A
Stote of Howalf
Owner
355'40' 180.00
n
Lot 17-B-1 ':'3 M
Arthur K. @ Helen C. Nohm, Tr, N
ONRlere
Lot 12-C
LOT 15-A
45,426 SQ. FT. I
T
4~
{P
in ~
~ `
m
Lot 17-A O
~ F.
355'40' 18.00 ~ ~ c Lot 12-B I
175'40 -164.80 $ ~ I
_ o , ~a~
1 ~ 16-FOOT ROAD , 3 E $
a EASEMENT
3 (3892 S0. FT.) ~
a °a N 1<
6
a N N $ LOt 14-B
. Toahito leemoto Family, Tr.
Lot 18-A F~ r ~ i4 Owner
w v N I
a rj Lot 12-A
_ <
N
O
g
tz .p ~ Lot 14-A-1 4~T T
leoe leemoto 7p
0. Owner 7
v ,,°a uacaro ~
e 11209.97 S ~ g * wib
2331.74E i xo. saes
"HALAI" A ~y~,~
v~xctt s vApm a vuN¢ z vuKfr. i 7111
KOMOHANA 8 nsao• 16.0o STREET
a~~~„aw„ PARCEL 3 m Komi"~~ so-«~ - Th1a work was prepared by me
s"°°' O ~ FT under my euperdslon.
OWNER: ELLEN Y. SHllq
t/o BLAKE SHllq ROBERT T. SHIRAI, PLS
P,O. Bow 373 Stote o! Hawoll Cert. No. LS-5985
Wailuku, Hawaii 96793 NOTE: Parcel 3 for addition to Komohana License Ev free A rA 30, 2008
Stroet Right-of-Way. P P
GINEE IN DINSIO PARTMENT OF PU8 WOR COUNTY OF WAWAII
ROADSIDE IMPROVEMENTS FOR
SUBMITTED BY: VARIdI N~ 11~ ~~~,5
" ,pB N0. P-3398
~~DATE 8t ~ SUBDIVISION OF LOT 15
DIVISION CHIEF
INTO PARCEL 3 ANO
LOT 15-A
APPROVED BY:
BEING A PORTION Di LOT 817-8 OF WAIAKEA WOMESTEAOS
/ ~ ~
~L~~«-r.•~~'
E • DATE S o+~ WNAKEA, 5011111 Wµ0, I0.5LAN0 OF HAWAII, NAWNI
OAtECTOR pLA BY: ISI TRACED BY: 19 DATE: 05/12/08
Tar Map Key: (3)2-4-012:025 Res. 398-06 Sheet 5 w n