HomeMy WebLinkAboutRES 399 Draft 01 2004-2006
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. -,oo nn
~T-V V
AUTHORIZING THE ACQUISITION OF PRNATE PROPERTY BY EMINENT DOMAIN,
BEING PORTION OF TAX MAP KEY: (3)2-4-013:046, 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, Shizuo Watanabe and Asae Watanabe are the owners of real property
situate at Waiakea, Hawaii, identified as Tax Map Key: (3)2-4-013:046; 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 Shizuo and Asae Watanabe's property, identified as Parcel 11, containing an area
of 1,800 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 necessazy 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 Pazcel 11, containing an area of
1,800 squaze feet, being a portion of Tax Map Key: (3)2-4-013:046, 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 aze 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 Depaztment of Public Works; (3) Assistant Corporation Counsel Gerald Takase;
and (4) Shizuo Watanabe and Asae Watanabe, 1091 Komohana Street, Hilo, Hawaii 96720.
2
Dated at xilo , 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 , 20 0 6
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 X
vote indicated to the right hereof adopted by the COUNCIL of JIOPPtvIAxN g
the County of Hawaii on July 7 . 200 6 HOLSCxux X
IKEDA X
ATTEST:
ISBELL X
JACOBSON g
PILAGO
SAFARIK X
8 0 1 0
!/~Ar" ' • j~ Reference C-QSIA/Waived PWIRC
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 3 ® 6
3
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TRUE NORTH
Scale: 1 inch
= 60r_ Lot 16 Lot 18
John T. Uehlpmo and John T. UMlpmo and
Lot A Lot B wife Margaret 5. -Owners wife Margaret S -Owner:
Norman M rakami et al
G2A,~':: °re 3103 „-~.yN AZEV";.,
355'40' - 180.00
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Lot 2-D ~
Wesley P. Femetra and 'T;
wife Ilyn F. -Owners
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LOT 3-A-1
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* ~~s~~ * = 8 ~ sssa.s3 s
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,yam o- 175'40' - 180.00
7111 U`~ 3 vow io
- 1~ r„u~~oko 175'40' 180.00 m Ka.mm„~
so-..l sn<al
prepared b me KOMOHANA PARCEL 11 STREET
w°~ y 1,800 S0. FT.
or under my supeMnion.
OWNER: SHIZUO AND ASAE WATANABE, TR.
ROBERT T. SWIRAI, PLS 1091 Komohono Street
Stota of Hawaii Cert. No. LS-5985 NOTE: Porcel 11 for addition to Komohana Htlo, Howell 98720
LlcMae Expires April 3f1, 2008 Streel Right-of-way.
ENGINE RING DIVISION DEPARTM T GF PUBLIC RKS C NTY HAW II
ROADSIDE IMPROYEAIENTS FOR
SUBMITTED BY: VARIWS SOUTH HILO ROADS
~ ~ ~ ~ , F.A.P. N0. STP-0100(039)
DATE°-rGS~°L SUBDIIASION ~
LOT 3-A
INTO PARCEL 11 AND
LOT 3-A-1
APPROVED BN BEINC A PORTON OF LOT 517-8 OF
k, ~ / WAIAKEA NOYESTEADS (POR110N OF
~/E"~-~°- e• ~~CL"^~'-F ~C' DATE: S(~'~,~OG WAIAKEA,TSd1TH HILO,AN~D~
WRENCEWNI~HAWAII
OIRECTYIR PUN BY: ISI TRACED BY: ISI DATE: 03/12/06
rax Map Key. (s)z-~-01x048 Res. 399-06 Sheet a of n