HomeMy WebLinkAboutRES 400 Draft 01 2004-2006
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 4®0 06
AUTHORIZING THE ACQUISITION OF PRNATE PROPERTY BY EMINENT DOMAIN,
BEING PORTION OF TAX MAP KEY: (3)2-4-012:022, 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, Skippy Tadayoshi Yasutake and Marilyn Joyce Yasutake are the owners of
real property situate at Waiakea, Hawaii, identified as Tax Map Key: (3)2-4-012:022; 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 Skippy and Marilyn Yasutake's property, identified as Parcel 12, containing an
area of 894 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 guazdrails,
striping, marking, paving roadway shoulders, and adjusting utility boxes, to take, acquire and
condemn a portion of that certain private property identified as Pazcel 12, containing an azea of
894 square feet, being a portion of Tax Map Key: (3)2-4-012:022, 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) Skippy Tadayoshi Yasutake and Marilyn Joyce Yasutake, 1291-B Komohana Street,
Hilo, Hawaii 96720.
2
Dated at Hilo , Hawaii, this 7th day of Julv , 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
AYES NOES ABS EX
Hilo, Hawaii
ARAKAKI X
I hereby certify that the foregoing RESOLUTION was by the RIGA g
vote indicated to the right hereof adopted by the COUNCIL of HOFF[vtnNN X
the County of Hawaii on July 7 , 2006 xOLSCHUH g
IKEDA
ATTEST:
ISBELL
]ACOBSON g
PILAGO X
SAFARIK X
8 0 1 0
• .
Reference ~-444/Waved PWIR!'
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 400 06
3
TRUE NORTH G `r = R F; = N 'i~ - ~ A N 0
Lot 817-A
Scale: 1 inch 60`-
Lot 12-C Lot 11-C
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Lot 14 B rp I ~
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Lot 14 A-1 y,? r'1 w- ^ _ I M~( ~ W y ~ = E
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'Pj~ lV tj 280'33'30' I n op I
~ 11568.34 S
~ * * R 72 e~ c 2358.90 E
~ ease rAma4 z vvrfa + •4 ~ "HALAI" A
~M1 I 175'40' - 89.43
-,o P~e,~a.a s~.r.~ PARCEL 12 $ ~o Ko.e,~o~, s~..., -
KOMOHANA a94 5Q. FT. o STREET
7~h1~~1..a~~w?y~~yor~~k~~~~w~~oe~~~~pr~~epared by me
or~._ uperWeiah.
pL~ OWNER: SKIPPY T. YASUTAKE AND
M1FE MARILYN JOYCE
ROBERT T. SHIRAI, PLS 1291 Komahano Street
State of HawOII Cert. No. LS-5985 N07E: Pacel 12 fdr addition to KomMano WIo, Hawaii 96720
Llcenaa Explrss ApPo 30, 2008 Street Rlght-of-Way.
NGIN RI OIVISI N O P R OF P BV KS C N AWAII
SUBMITTED BM VNUOUS SOU~yMW ROADS
^ Nom, ~ F.A.PJ08 N0. P-3398)
,'~ri DATE:
DIN9DN CHI6 ° SUeDIwS10N OF LoT 12-A
INTO PARCEL 12 AND
APPROVED Br: LOT 12-A-1
DE9iG A PORTION OF LAT 617-8 OF WAIAKEA HOMESTEADS
~-./h.°~~ - •P•t - 5 mG (POrtnoN oP cRANr 1D,9e4 re s MnASATn)
~ DAIE: WAIAKEA, SOUTH N0.A, ISIAND OF HAWA9, HAWAII
D9tECTOR PLAN BY: ISI TRACED BY: ISI DATE: 05/12 06
Tm1 Map KeK (3)2-4-012:022 TteS. 400-06 SMet 14 of 17