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Home My WebLink AboutRES 080 Draft 01 1992-1994COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0. 80 93 PROVIDING FOR THE ACQUISITION OF LAND FOR PUBLIC USE, TO WIT: PUNA BEACH PARK PROJECT, SITUATE AT POHOIKI, PUNA, HAWAII, AND DETERMINING AND DECLARING THE NECESSITY OF THE ACQUISITION THEREOF BY EMINENT DOMAIN. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: I. That i.t is necessary, for the public use and purpose, to wit: the improvement, operation and maintenance of the Puna Beach Park Project, Tax Map Keys: 1-4-002-005 and 006, situate at Pohoiki, District of Puna, County and State of Hawaii, to take, acquire and condemn certain lands with all improvements thereon and appurtenances thereunto belonging, free and clear of all liens and encumbrances, and to that end and for these purposes the Corporation Counsel of the County of Hawaii be and is hereby authorized and empowered to initiate proceedings i.n eminent domain, as provided by law, for the taking, acquisition and condemnation of the land described in Exhibits "A" and "B" attached hereto and made a part hereof, together with any adjacent lands necessary for temporary construction purposes, including but not limited to temporary easements for construction and operations, storage and disposal areas. II. That in the process of said proceedings in eminent domain, said Corporation Counsel be and is hereby authorized and empowered to negotiate terms of settlement, subject to the approval of this Council and 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 the Mayor of the County of Hawaii, the Director of Finance, and the Chief Engineer of the Department of Public Works. Dated at Hilo, Hawaii, this 28th day of July 1993. , INTROD ED BY• COUNCIL MEMBER, COUNTY OF HAWAII Date of Introduction: July 14, 1993 Date of Publication: July 22, 1993 Date of Second Reading: July 28, 1993 0891) COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RE30LUTION war by the vote indirsted to the right hereof adopted b~ the COUNCIL of the County of Hawaii on J u'_ v 2 8 , = . °' i AYES NOFS AB.S EX ARAKAKI X BONK-AERAMSON CHILDS DE LIMA X DOMINC30 X HALE X BATH X 13~SEHILL X SCHUTTE a~icicla~c __.._.. .. -~ ---_--- RFSDLLTTICN I1.. B~ 9.~ ~OUNTY CLERK CHAIRMAN & P]....SIDING OFFICER That certain parcel of land containing an area of 1.795 acres, described as follows: All of that certain piece Ha~faiiCebein loll' oftSchoolt Ahalanui Park, AhamoreiparPticularly'describgd as folloHS: Grant 3, Apana 2, Beginning at a 1-inch pip@ at the northHest corner of this parcel of lend, on the.southeast side of the Kapoho- Kalapana Goverrvr,ent Rozd' and on the south-rly bow~dary• of the land of ?ualaa, the coordinates of said point of begin- ning referrtd to Gover2 feetSSouth anda2057g~ feetaEast "Kapoho" being 10333.5 as shotimbonaZirvcu~hscmeasuredyclockwiseearomDTn~e South~d running Y 1• 285' 30, 225,70 feet along the land of Puialaa to a 3/4 inch pSpe; 2 3• 4. 10• 41' 323• feet along the west•boundary of Grant 2982 to Kalau:iaa to s spike in pahoe- hoe and peasing over a + cut in rock at 13$•4+ feet; 121• 41' 350.34 feet along Grant 1016 to Peleula to a 3/4 inch pipe on the southeast side of the Kgpoho-ifalaoPna Govern- ment Road; • ~ 239.50 feet along a stonewall along the. ?_15 ~ southeast side of the Xaooho-Kelapana Govercvnent Road to t~ -°A~g~toff 1~795n ning•and containing Acres. ~~.,~,r.-^ ~" 1.3613 aCRES (REVISEO~ Grant 2982 to Kalauvaa Ahalanui, Puna, Havaii 8eginninq at a pipe st the southuast corner of this parcel of land and at the southeast corner of School Grant 3, Apana 2, the co- ordinates of said point of beginning referred to Government Survey Triangulation Station "Kapoho" being 10711.45 feet South and 2215.06 feet East and running by azimuths measured clockwise Pron true South: 1 190° 41' 323.22 feat along School Grant 3, A ana 2 d , in to a pips in concrete (town roots of coconut tr®a; 2 285' 30' 17.30 feet along R.P. 7714, L.C.Au. 9971 , F:pana 14 to U.P. Leloiohoku to a point in coconut tree; 3 304. 51' 265.75 feat along R.P. 7714, L.C.Au. 9971 , Apana 14 to U.P. Leloiohoku to a concrete sea call at highuater mark; thence along a concrete sea wall at (4) t f our highuatar mark for the nex courses, the direct azia~utha zed dis tancea being: 60' 47' 98.48 feet to a °V" cut in concrete; 4. 354' Ol' 22.87 feet to a "V" cut in concrete; 5, ' 10' 14.29 fret to • °V" cut in concrete; 6, 331 ' ' 11 7 feet to a "V" cut in concrete at end 7, 315 18 . of sea yell; g, 327. 32' 30a 15.02 feet across se:yard opening of a "f9akaha" to a "V" cut in concrete • at beginning of sea call ; thence a- long a conereta sea vall st highuate msrk for the next five (5) courses, the direct aaia<utha and distances being: 85' O1' 30" 30.98 feet to o °V" cut in concrete; g, 63' 54' 30° 18.37 foot to a "V" cut in eoncrete~; 10. 53' 0®' 28.99 fast to a.aVa cut in concrete; 11. ' ' 86 7 fact to a "V" cut in conereta; 12. 39 S5 . ,_ ~.~~ 13. la. 15. 16. 28' 31' '30" 13.05 feet to _a •V" cut in concrete; 353' 16' 63.25 feet along sea-shoe at highuatec mark; 41' 31' 30" 41.70 feat along sea-shore at highuatec mark; 121' 41' 151.58 fQet along Crant 1016 to Peleula, passi ng over a •~• cu t in concrete on sm a uall at 20.d8 faet~ to the point of boginninq an d containing a~~ea of 1.3615 Aures (Raviccd~. Togethec with a 50-Feet easement !or ingress and egress and utilities purposes over and across a portion o! School Grant 3, Apana 2, situate at Aha'_anul, Puna, Island and County and State o! Hawaii, presently designated on the tax maps o! the Third Taxation Division, State o! Hawaii as Tax Key No. L-d-02-6, said easement to be situate on the nucth boundary o! said school Grant 3, Apana 2, and to run in an east-west direction, and appurtenant to that contain pieta oc parcel of land situate at Ahalanui, Puna, County and State o! Hawaii, being Grant 2982 to Kalauwan, presently designated on the tax maps of the Third Taxation Division, Stat¢ o! Hawaii, as Tax Key No. L-d-02-5; as granted by Deed o! Easement dated April 3, 1975, recorded in Lib¢r 10553 at Page 5d~.