HomeMy WebLinkAboutRES 173 Draft 01 2006-2008 ~~ff~tr w.~4
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COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 1`73 u I
AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN,
BEING TAX MAP KEY: (3) 9-2-101-037, SITUATE AT KAHUKU, DISTRICT OF KA`U,
COUNTY AND STATE OF HAWAII, FOR THE HAWAIIAN OCEAN VIEW ESTATES
EXPLORATORY AND CONSTRUCTION WELL PROJECT.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
WHEREAS, AARON KING is the owner of real property situate at Kahuku, Hawaii,
identified as Tax Map Key Number (3) 9-2-101-037; and
WHEREAS, the County of Hawaii ("County") will be doing an exploratory and
production well and supporting facilities project in the County and State of Hawaii, which
improvements generally consists of drilling and testing of an exploratory well, outfitting a well
into a production well, construction of a reservoir, transmissions line and a public dispensing
facility ("Improvements"); and
WHEREAS, the Improvements will require the acquisition by the County of Aazon
King's property, identified as LOT 2, BLOCK 168, of the "HAWAIIAN OCEAN VIEW
ESTATES," as shown on File Plan No. 787, containing an area of 43,562 squaze feet, more or
less, and more specifically delineated on the attached map; and
WHEREAS, the 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 real
property, requiring that the County of Hawaii invoke its condemnation powers, to complete the
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 water system
Improvements in Kahuku, District of Ka`u, County and State of Hawaii, which Improvements
generally consist of drilling and testing of an exploratory well, outfitting a well into a production
well, construction of a reservoir, transmissions line and a public dispensing facility, to take,
acquire and condemn that certain private property identified as LOT 2, BLOCK 168, of the
"HAWAIIAN OCEAN VIEW ESTATES," as shown on File Plan No. 787, containing an area of
43,562 square feet, more or less, being Tax Map Key: (3) 9-2-101-037, 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
2
Hawaii; (2) the Department of Water Supply; (3) Deputy Corporation Counsel Katherine A.
Garson; (4) Finance Director William Takaba; and (5) Aaron King, 78-6856 Walua Road,
Kailua-Kona, Hawaii 96740.
Dated at Hilo ,Hawaii, this 1st day of Jnne , 2007.
INTRODUCED BY:
~r~ ~ _
COUNC MBER, COUNTY OF HAWAII
Hilo , Hawaii
Date of Introduction: May 16, 2007
Date oflstReading: May 16, 2007
Date of Publication: May 2 6 , 200 7
Date of 2nd Reading: June 1, 2007
Effective Date: June 1, 2007
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii AYES NOES ABS EX
FORD X
I hereby certify that the foregoing RESOLUTION was by the HIGA X
vote indicated to the right hereof adopted by the COUNCII. of HOFFMANN X
the County ofHawai`ion June 1, 2007 IKEDA
X
ATTEST: JACOBSON X
NAEOLE X
PILAGO X
YAGONG X
YOSHIMOTO X
8 0 1 0
~ eeference C-356/ FC-104
~7~ CHAIRMAN c,~ SIDING OFFIC RESOLUTION NO. x'7`3 U 1
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