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Home My WebLink AboutRES 052 Draft 01 2008-2010COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 52 094 RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, BEING A PORTION OF TAX MAP KEY: (3)1-7-031:010, SITUATE AT KEA`AU, IN THE DISTRICT OF PUNA, COUNTY AND STATE OF HAWAII, FOR ACCESS TO HAPPY HOMES, FROM CECELIA MAE CHUN AND WILLIAM H. HOSTMEYF.,R. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, Cecelia Mae Chun and William H. Hostmeyer are the owners of real property situate at Kea`au, in the District of Puna, Hawaii, identified as Tax Map Key: (3)1-7-031:010; and WHEREAS, the County is proposing to pave and improve portions of Momona Road and Happy Homes Access Road to provide owners along South Road a more convenient access from Huina Road; and WI-IEREAS, these roadway improvements will require the acquisition by the County of Parcel 4, containing an area of 0.151 acre, identified as being a portion of Tax Map Key: (3)1-7-031:010, and more specifically described in Exhibit "A" and delineated on Exhibit "B" attached hereto; and WHEREAS, these roadway improvements will provide a regional benefit for a public purpose and use which benefits the County of Hawaii; and WI-IEREAS, 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 roadway 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, THEKEPORE, BF, IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is necessary for the public use and purpose, to wit: paving and improving portions of Momona Road and I-Iappy Homes Access Road to provide owners along South Road amore convenient access from Huina Road, to take, acquire and condemn Parcel 4, containing an area of 0.151 acre, identified as being a portion of Tax Map Key: (3)1-7-031:010, and more specifically described in Exhibit "A" and delineated on Exhibit "B" attached hereto. 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 PUR"fHER 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 [T FURTHER RESOLVED that the Clerk of the County of I-tawai`i is directed to transmit copies of this resolution to (1) the Honorable William P. Kenoi, Mayor of the County of Hawaii; (2) Warren H.W. Lee, Director of Public Works; (3) Deputy Corporation Counsel Gerald Takase; and (4) Cecelia Mae Chun and William H. Hostmeyer, P.O. Box 1954, Kea`au, Hawaii 96749. Dated at Kona , Hawaii, this __ 18th day of March , 2009. INTRODUCED BY: COUNCIL MEMBER, COUNTY OP HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RI?SOI,UIION was by the vote iniiicated to the right heroof adopted by the COUNCIL of the County of~4[awai`i on March 18L2009 ATTEST: ~~ COUNTY CLERK CHAIRPERSO ~' RC ING i ~PICBR AYES NOBS ABS EX F.NRIQUES g FORD GREBNWBLL }{ HOPPMANN X IKEDA }{ NAEOLE X ON[SFII X YAGONG g YOSf[IMO'f0 X 9 0 0 0 Reference; ~_~28~pWIRC ,_ 1 y RESOLUPION NO._ 52 ®9 __ Access to Happy Homes from Huina Road Parcel 4 Being a Portion of Lot i Q Being a Portion of the Consolidation and Resubdivision of Portions of "Keaau Tract,' Abandoned Railroad Right-of--Way, and Portions of "Schmidt Subdivision" Being also a Portion of R P. 7223, L. C. Aw. 8559-B, Ap. 16 to William C. Lunalilo at Keaau, Puna, Island of Hawaii, Hawaii Beginning at the southwest comer of this pazcel of land,. being also the northwest comer of Parcel 3 (Access to Happy Homes from Huina Road) on the north side of South Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Olaa" being 978.78 feet South and 5,342.68 feet West, and mm~ing by azimuths measured clockwise from True South: 1. 202° 52' 221.55 feet along Roadway bordering "Happy Homes"; 2. 5° 00' 193.28 feet along Lot 10-A; 3. 80° 30' 70.21 feet along Parcel 3 (Access to Happy Homes from Huina Road) to the point of beginning and' containing an area of 0.151 acre as shown on Final Plat approved by Hawaii County Elanning Director on October 20, 2003 as Subdivision Number 7746B. uc~s~ PiiOFE53tONA<, Ll1N0 SURVE'l0A Engineering Division Department of Public Works County of Hawaii No. 5610 Aupuni Center 101 Pauahi St., Suite 7 Hilo, Hawaii 96720 November 5, 2003 M. Matsumura Licensed Professional Land Surveyor No. 5630 Expiration Date of the License: 4!30/04 Tax Map Key: (3rd Div.) 1-7-31: por. 10 EXHIBIT "A" .. .M., ~ pb. 4a W. LLG _ 0.~~.. I 8 •••a: .f l0T 1 i ~ } ~ e i .f ~ ~ d ~ x rF :60 ~ - ~ ~ t a ~° c.1.r.n ~ " ro . cc~ a~ LOGTION MAP Yr Scot: 1 n ~ S.CpO I4 +Y l~ 2 - ~ A A U w N W ~ O q, P. v i 2S, IC. M. p339 p. Pone 16 to W i 1110m C. luneltl0 / L 0 'I' 10 I a * LOT 9 T ,~ l O A Ps. ~.ew. uc , a.... t ACres 943 R c M1 ~!~ 4 ~{, PARC0. 4 ~C' 0.151 Afro i E.ivUny ce..m.1n'p' pea.p] S v' ~ ' s,pn.n2 w. 9]p78 5. 8 _~c. ~ StN2.fL0 W. 0.M v a ]0.21 c~ M ~~ le Ytlewv qrM - SOUtw ROM ~ ~ SOUOt ROAD w.. wr. ux - a.n.. v.AC¢ 7 M • n.+% inin - 0+. -- ~~~ ~f d A a tm i o ' p tqo x g ~ ~ ' PA11C0. 2 ~1A•MA 1r. GMP14C SGtE. I ~ ~ lraXWpNAt I INOMAVflOR w wv~ PY~O 4 rv 1 ~~ }' 11r .1670 * I ,J OwnEq Or TAT 1Q ... //Y .~/l0/W V~d \ lll'~"--- ~~ ~~~ y't1Y .. Al1 on. r .. use.. aw+Ma CECCW tu[ C1Wq 166! S 614C0~ AVG, AR. 72 O41PBE1t, G 96576 DVGINEERWC DMSION DEPARiMEM OF PUBLIC YlOR!(5 COUNTY OF tiAWNI hG,e M 11^001 14nw' Imn M+M qON SupMR1ED pY: ~ Subdivision of Lot 10, ~~~ 9~i/~o3 e" Beinq o Portion of R. P. 7223, emson Bred L. C. Am 8559-8, APono t6 to Y(dliom C. LuroGlo Avvav2cs er. Into Lot 10-A and Parcel 4 rs3t - e ~c.`-c.~.,.. /. ~. P.n 9/ado 3 Ir.ee,,. PPee. web e< ge.ec. ~e.n: , ~ploa rux sr. Rk, aueW er. t.q. wlc ArMn+w ». imt ]a. ueP qT (7a oi.J t-7-]t: to ~ Sheet 3 of 3 EXHIBIT "B"