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Home My WebLink AboutRES 188 Draft 02 1994-1996COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0. 1fa8 95 (DRAFT 2) PROVIDING FOR THE ACQUISITION OF LAND FOR THE EXTENSION OF HENRY STREET, LANIHAU 1 ST, DISTRICT OF NORTH KONA, COUNTY AND STATE OF HAWAII. WHEREAS, portions of those areas of land mauka of Queen Kaahumanu Highway commonly referred to as the Henry Street Extension alignment, hereinafter referred to as "Henry Street Extension", are being dedicated by the owners to the County of Hawaii; and WHEREAS, the Henry Street Extension, when completed, will alleviate traffic congestion and other traffic problems in the area surrounding the Henry Street Extension; and WHEREAS, the County has deemed it necessary to exercise its right of eminent domain in acquiring that certain undeveloped real property within the Henry Street Extension alignment for the purpose of providing a continuous roadway for the Henry Street Extension up to its intersection with Palani Road; and WHEREAS, Section 101-13 of the Hawaii Revised Statutes requires that a condemnation action by the County 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: the continuation and improvement of the Henry Street Extension, situate at Lanihau 1st, District of North Kona, County and State of Hawaii, to take, acquire and condemn that certain parcel of land identified as Tax Map Key No. (3) 7-5-03: portion of 21, described in Exhibit I attached hereto and made a part hereof by reference. 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 real property, together with any adjacent lands necessary for temporary construction purposes. BE IT FURTHER RESOLVED that the County, prior to the commencement of the eminent domain proceedings, shall enter into the agreement attached as Exhibit A with Maryl Development wherein Maryl Development shall pay the just compensation for the subject parcel as determined by the court or settled upon by the parties, including Maryl Development. Maryl Development shall also be responsible for any other associated costs of the condemnation action, to include, but not limited to: appraisal, title search and surveying. BE IT FURTHER RESOLVED that in the process of said proceedings in eminent domain, the Corporation Counsel be and is hereby authorizednandlom erneand the courttbefore which settlement, subject to the approval of this Council, Mary pm 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 the Honorable Stephen K. Yamashiro, Mayor of the County of Hawaii, the Chief Engineer of the Department of Public Works, the Office of the Corporation Counsel and Maryl Development. DATED: Hilo, Hawaii, this ~ 9th day of ~anuan~ , 1996. COUNTY OF HAWAII I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of January 19, 1996 the County of Hawaii on COUNTY COUNCIL County of Hawaii Hilo, Hawaii CHAIRMAN ~ t'tcraIDING OFFICER ROLL CALL VOTE AYES NOES ABS EX Arakaki Bonk-Abramson Childs LM Lima X X TTFS COUNTY CLERK Osorio Rath Smith Y X S 0 ~ 1 Reference C-70 -79 RESOLUTION NO. ~.88 ~ (DRAFT 2 ) REANUDLU SUBOIVI SIGN ( FILE PCIN 1 LOT ~ 2-I 1 pi ~E dl ( E 'Il ~ r. r, l.. ~~ ^ ~ P9wcE< A c...,r •. . i I I PA~ANI ....1 ro.•.a 2q•2/'30' I i L.-- /069. JS -- _ _- ~ 210.49 I s____i____ _ - !v!'n!'_7 ___ _______~ ____r. _- 7 ! l __ _ •xlm _ • 1, Jf.!! !l. (•y r • ta.y /n. J 1 ';. ~ '; ;-~ / J J // O N V ~ Y ~~` ,/ •/ ~l ~~ " ; / ' o ' .l / ;; R. /. 6BJ1 L. C. AW. HJ2, ~~ii.`~~. `• AP. ARIES r / 12 ND ( CERi1FICATE Y (r." v BOUND . /y 5~ G -~ y [ ~' P r ~{ 2 ' 9 ' ~ 1 h ,~ ~ Z g23 0 r , o~ ,r,.~, _ I o....•I Pp/ ~:d'~t :;::;.a . of y+wn,• y1Y11111/ hr1•nn• LOT r O./r !u lup o...w+.••r, la ro•rl 1!!6, L. C. AM. eJJ9-1, AP. II TD / (CERTIFICATE CF BDUNDARIf3 ND. 2J e'~~~ / `~~Qy Lor e I 'r~ 6 ~•' e r EXHIBIT 1 "Rapoza Triangle" ~_J.AI~]~~4.I1JtT SYSTEM RF . !T aR cVC,TEM Return b;~ Mnil ( ) Pickup ( ) To: . TAX MAP KEY (3) ~-5-03:Por. 21 MEIvfORANDUM AGREEMENT FOR THE CONDE.~fNAT1.ON OF A PORTION OF TAX MAP KEY (3) 7-5-03: PORTION 2I, ALSO KNOWN AS THE T'HI:S Iv[EMO(u#NDUM AGREEMENT, dated this day of 1995, by and between MARYL DEVELOPMENT, INC. a Hawaii corporation, whose mailing addres s is P. O. Elox 1928, Kailua-Kona, Hawaii 96745 (hereinafter "1`4atyl"), and the COUNTY OF HP.WAII, sa mutvcipal corporation of the State of Hawaii, whose principal. ptace of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720 (hereinafter "County"), EXHIBIT A `JJHERFiAS, Maryl has substantially completed its Crossroads Subdivision project located in Kailua-]Conn; and WF3EREiAS, the extension of Henry Street from the Queen Kaahum.anu Highway to Palani Road is; a major component of Maryl's improvements; and t~VfiEREAS, a portion of the new Henry Street alignment runs across the comer of a lot identified as Tai: Map K.ey (3) 7-5-03:portion 21, owned by the Repoza family and currently leased to EFiP Corp.., a Nevada corporation, and encumbered by a Grant of East:ment to Maryl and the County of Haw<ui for access and utility purposes (the "Repoza Triangle"); and ~VFFERE;AS, Maryl, as part of its improvements for the Crossroads Subdivision, has compJe°t,d he construction of the Henry Street extension and wishes to dedicate these improvements to the County; .and ~'VF[ERE;AS, the County will not accept the dedication of a leased portion of land for roedway ptupo3es; and V/F~iER]~AS, the County of Hawaii and the Repoza family have been unable to agree to fair compensation fbr the fer_ interest in the Repoza Triangle; and PJI-iER]3AS, the County is desirous of obtaining the Henry Street extension including the Repoza TriangL: to help alle~~ate traffic congestion in the Kailua•Kona area, particularly in the area of Paiani F.oad; and V,~I-lER1~AS, pursuant to Chapter 101, Hawaii Revised Statutes, the County has the authority to cxerci;se its powers of eminent domain for a public purpose; 2 NOW, THEREFORE, IT IS HEREBY AOREED BY THE P.SRTIES HERETO AS FOLLOWS: (1) 'The County will exercise its powers of eminent domain pursuant to Chapter 101, H,awrrii :Revise~9 Stari;tes, to acquire that portion of land identified as Tax map Key (3) 7-5-03:portion 21, mote comtr..anly referred to as the Rapoza Triangle, which is located tinder the improvements fo:r the Henry Street extension, in order that the Henry Street improvements may be dedicated to the County. (2) That Maryl will provide the County with the following items in order to effectuate the: ccndentnation proceeding: (a) A survey and metes and bounds description of the proposed area of cottdemr~ation; Ib) Survey maps of the proposed area of condemnation; (c:) Title search and title reports for the proposed area of condemnation; (d) Appraisal report for the proposed area of condemnation; (e) Just Compensation for the proposed area of condemrustion as determined by a final order of the Thcd Circuit Court, or any compromise or settlement of the parties to the condernrraticyn ar:rion ifsuch compromise or settlement is approved by Maryl :s9 provided below, and (.fl Legal support for the condemnation action for the proposed area of condemruttion. (:3) The Co•;utty shall allow Maryl's legal representative the option to join as a party in the conde:mrtation action filed by the County of Hawaii in the Third Circuit Court and the County 3 shall join, at Maryl's request, in any appeal of any final order of the Third Circuit Cotut in the ccndernnation action. (4) 1v1ary1 shall have the right to approve any settlement or compromise of the land value competi:;ation paid in the condemnation action for the Rapoza Triangle; as a condition of its obliguticn 'to pay any such settlement or compromised land value. ti 5) 'chat upon full payment of just compensation for the Rapoza "Triangle by Maryl to the Chief C1erI: of Ghe Third Circuit Court in the amount as determined by a final order of the Third Circuit Court, N,'fuyl sltall have fully satisfied the requirements of Conditions "G°' of Ordinance Nos. 93-12C, 93-l22 and 93.124. IV V/ITI~ESS THEREOF, the parties hereto have hereunto set their hands on the day and year first above ~,vritten, MARYL DEVELOPMI.NT, INC. By MARK S. RICHARDS Its President COiJNTY OF HAWAII sy STEPHEN K. YAMASHIRO Its Mayor APPROVED: 4 A.ttorriey for P/[aryl J~evelopment, Inc. APPROVED .45 TO FORM AND LEGALITY: Deputy Corporation Counsel Daie: