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Home My WebLink AboutRES 221 Draft 01 1992-1994COUNTY OF HA11VAf~. ~~STATE OF HAWAII RESOLUTION N0. Z2S 94 PROVIDING FOR THE ACQUISITION OF LAAID FOR A SEWER PUMP STATION AI7D AN EASEMENT FOR SEWER LINES AT i9AIAHA 1ST, DISTRICT OF 2IORTH KONr1, COUNTY AIdD STATE OF HAWAII. SE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: I. That it is necessary, for the public use and purpose, to wit: the construction, operation and maintenance of a sewer pump station and sewer lines at Waiaha 1st, District cf North Kona, on the Island of Hawaii and in the State of Hatraii, to take, acquire, and condemn certain lands with all improvements thereon and appurtenances thereunto belonaing, free and clear of all liens and encumbrances, an3 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 in eminent domain, as provided by law, for tl:e taking, acquisition, and condemnation of the land described in Exhibits "1" acid "2," attach~a3 hereto and made a part hereof, together witl: any adjacent lands necessary for temporary construction purposes, including bat 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. INTRODUCED BY: COUNCIL MBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on June 15 , 1994 , ATTEST: & PRESIDING OFFICER ROLL CALL VOTE AYES NOES ABS EX Reference C-1047/HS&PjdC-115 RESOLUTION NO. 221 94 • ALII DRIVE INTERCEPTOR SEWER AND FORCE MAIN-PHASE I JOB NO. S-2991 PARCEL A (Waiaha Bay Sewage Pumping Station Site) Being a portion of R.P. 1930 No. 3 to Asa Thurston, L.C. Aw. 387, Part 4, Section 2 to American Board of Commissions for Foreign Missions Situated at Waiaha 1st,North Kona, Island of Hawaii, Hawaii Beginning at the southwest corner of this parcel of land, being also the northwest corner of TMK: 7-5-18:75, on the easterly side of Alii Drive,the coordinates of said point of beginning referred to Government Survey Triangulation Station "NORTH MERIDIAN" being 5233.34 feet South and 2200.76 feet East, thence running by azimuths measured clockwise from True South: 1. 171°31' 30" 5.20 feet along Alii Drive; Thence, along a curve to the left with a radius of 5754.70 feet, the chord azimuth and distance being: 2. 170°25' 50" 219.84 feet along same; 3. 261°31' 30" 192.56 feet along the remainder of R.P. 1930 No. 3 to Asa Thurston, L.C. Aw. 387, Part 4, Section 2 to A.B.C.F.M; . 4. 351 31 30 225.00 feet along same; 5. 81°31' 30" 188.36 feet along the remainder of R.P. 1930 No. 3 to Asa Thurston, L.C. Aw. 387, Part 4, Section 2 to A.B.C.F.M and TMK: 7-5-18:75 to the point of beginning and containing c)M, M TSS an area of 42,689 Square Feet or 0.980 Acre. e1'6/3LICENSED cc PROFESSIONAL Engineering Division LAND SURVEYOR Department of Public Works No.5630 * County of Hawaii jedx4,CIA. . TMK: 7-5-18:08 (por.) onald M. Matsumura April 12, 1994 Licensed Professional Land Surveyor No. 5630 :,, �� 1/ I ' . • . A O 0• MA 70 KUAKINI HIGHWAY 7'ucst; ESURVEYONR ��v Z * No. l,5630 ii / ALIT DRIVE1111 'Q::' : prepared by Ina PACIFIC OCEAN BAY under my supervision., LOCATION MAPJjJIik. (NOT TO SCALE) IkillYq ,t,s/RUE NORTH WAIAHA1 t _....,.: 7 in. . IA,. ................... a 351° 31'30" —1.- 225.00 ° L. C. Aw. 2 3 8 7, PART 4, SECTION 2 PARCEL A co 1 0 TMK: 7-5-18:8 (Walaha Bay S.P.S. Site)7 1 1 �+ Manuel Gomes Trust Estate 42, 9 ` Q. �• TMK: 7-5-18:75 (Owner) M or 0.980 ACRE O Stanl A. Gomes LCAW. 6699:2 to Lumoow. ey — & wf. Doreen P. TMK: 7-5-18:10 • M j (Owners) Stephen H. Yeoton 171° 31'30" (Owner) N 5.20 00 170° 25'50" 219.84 5233.34 S. ALII DRIVE 2200.76 E. TO KEAUHOU—� -- TO KAILUA "NORTH MERIDIAN" b ^ o o •N n em in el In N W n G �N N • l i COUNTY OF HAWAII ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS ALII DRIVE INTERCEPTOR SEWER AND FORCE MAIN PHASE JOB NO. S-2991 PARCEL A 1 (WAIAHA BAY SEWAGE PUMPING STATION SITE) Situated at Walaha 1st, North Kona, Hawaii Tax Map Key: 7-5-18: 8 (Portion) R.M. 4/8/94 n Tia No N0/114 . Nigh • • . • -7---------'- 7-----1 •o' --Lunapule Road 1' ' ob: Middle _ ... . Site Alii Drive Waiaha Kahului Bay Bay Pacific Ocean . Location Map ........_ . • . . . TMK: 7-5-18:12 Ellen C. Chee, Joseph A. Chee, v $ Henrietta K. C. Chee Z A C. & Henry A. Chee (Owners) I..� � 7-5 TMK: 7-5-18:19 Lot 6 Iti0 Stephen K. Smythe Ld Ct App 1659 = Zr) (Owner) 0 4441.37 S Zo 4519.21 S �-. 12306.66 E • 2048.17 E 265' 01' 27.92 336°05' 12.12 a 254° 01'--= 248.32 ,.- 261 157...___• co ° 154.70`V253°04' _.-= 223.20..:..� - - 20.00 ___ _20.00 - 74° Or 235.33 81°15162.78 73°04' 202.16\ ,4 1 2I80 04' 38.18 ��`�0 EASEMENT B 8S°01' 35.77.) - - - 3,31°59' 21.73 164°32'07" EASEMEN �' For Sewer 47.02 w Nib Purposes 0 R=5754.70 For Sewer °NTMK: 7-5-18:7 C• Purposes Joseph Gomes & Wf. Margaret • • •: • (Owners) • ••.r O •s.; : 0 %.: s• : 0- TMK: 7-5-18:8 Manuel Gomez Trust Estate(Owact) •., /.•. (.:'• �•• •r• •• • • • • t ••• • ••• ••• •• • •• ••• I ALIT DRIVE INTERCEPTOR SEWER _00 %)`<u `S'G AND FORCE MAIN — PHASE 1 J REGISTEREDIP PROFESSIONAL JOB NO. S-2991 LAND * E.URVEYOR * , No.4722 SEWER EASEMENTS A CSL - ,:. _� . Situated at Waicha �st, North Kona, Haw011 THIS WORK WAS PREPARED BY t ME OR UNDER MY SUPERVISION. Tax Map Key: 7-5- 18:7 & 8 (portions) /;; Registered Land Surveyor Coordinates referred to "North Meridian"A Certificate No. 4722 M&E Pacific, Inc. 1001 Bishop St. Honolulu, Hi. 96817 1110 1111 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 221-94 PROVIDING FOR THE ACQUISITION OF LAND FOR A SEWER PUMP STATION AND AN EASEMENT FOR SEWER LINES AT WAIAHA 1ST, DISTRICT OF NORTH KONA, COUNTY AND STATE OF HAWAII . BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII : I . That it is necessary, for the public use and purpose, to wit: the construction, operation and maintenance of a sewer pump station and sewer lines at Waiaha 1st, District of North Kona, on the Island of Hawaii and in the State of Hawaii, to take, acquire, and condemn certain lands with all improvements theron 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 in eminent domain, as provided by law, for the taking, acquisition, and condemnation of the land described in Exhibits "1" and "2, " attached hereto and made a part hereof, together with any adjacent lands necessary for temporary construction purposes, including by 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. INTRODUCED BY: Brian De Lima COUNC I LMEMBER COUNTY OF HAWAII Date of Introduction: June 1, 1994 1110 4110 I hereby certify that the foregoing resolution was duly passed on first reading by the County Council, County of Hawaii, at their meeting held on June 1, 1994, by the following Aye and No vote: AYES: Councilmembers Arakaki, Bonk-Abramson, Childs, De Lima, Domingo, Hale, Rath, Rosehill, and Chairman Schutte - 9 . NOES: None. _a' 1, b i J. 'n a hiku o COUNT'' CL a RK COUNT'' OF HAWAII .1 • • ALIT DRIVE INTERCEPTOR SEWER AND FORCE MAIN - PHASE I JOB NO. S-2991 EASEMENT A Being a portion of R.P. 1930, No. 3 to Asa Thurston, L.C. Aw.387, Part 4, Section 2 to American Board of Commissioners for Foreign Mission Situated at Waiaha 1st, North Kona, Hawaii Being an easement for sewer line purposes and more particularly described as follows: Beginning at the northwest corner of this parcel of land, on the easterly side of Alii Drive, the coordinates of said point of beginning referred to Government Survey Triangulation Station "NORTH MERIDIAN" being 4519.21 feet South and 2048.17 feet East, thence running by azimuths measured clockwise from True South: 1. 253° 04' 223.20 feet along Parcel 19 of TMK: 7-5-18; 2. 336° 05' 12.12 feet along the westerly side of Middle Road; 3. 320° 40' 8.62 feet along same; 4. 73° 04' 202.16 feet along the remainder of R.P. 1930 No. 3 to Ass Thurston, L.C. Aw 387, Part 4, • Section 2 to A.R.C.F.M; 5. 28° 04' 38.18 feet along same; 6. Thence along the easterly side of All Drive, on a curve to the left with a radius of 5754.20 feet, the chord azimuth and distance being: 167° 32' 07" 47.02 feet to the point of beginning and containing an Area of 4856 square feet. REGISTERED c\ M & E PACIFIC, INC. TMK: 7.5.18:8 (portion) PROFESSIONAL " ' May 21, 1992 LAND ' * SURVEYO, ;. No.4722 / /17 /11,9*.24,-111"". �� rAH eg, u.�. -> -� tsere' 'urvoyor Certificate No. 4722 r - 110, AFFIDAVIT OF PUBLICATION State of Hawaii i ) SS: County of Hawaii ► LEILANI K. R. HIGAKI being first duly sworn, deposes and says: 1. That she is the BUSINESS MANAGER of HAWAII TRIBUNE-HERALD, LTD. a newspaper published in the City of HILO State of Hawaii. 2. That the "COUNTY OF HAWAII - STATE OF HAWAII - RESOLUTION NO. 221-94 - PROVIDING FOR THE ACQUISITION OF LAND FOR A SEWER PUMP STATION AND AN EASEMENT FOR SEWER LINES AT WAIAHA 1ST,etc. , .. of which a clipping from the newspaper as published is attached hereto, was published in said newspaper on the following June 8, date(s) , 19 94 #9309 " . �-(etc.). Subscribed and sworn to before me this 14th day of June 19 94 Notary Public, Third Circuit, State of Hawaii My commission expires O o r 19 1996 WH ak N • Mk , COUfirLlF HAWAII = STATE OF V `AII RESOLUTION .W.. 221-94 ' PROVIDING FOR THE ACQUISITION OF LAND FOR A SEWER PUMP STATION AND AN EASEMENT FOR SEWER LINES AT WAIAHA 1ST, DISTRICT OF NORTH KONA, COUNTY AND STATE OF HAWAII. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: That it is necessary, for the public use and purpose, to wit: the con- struction, operation and maintenance..of a sewer pump station and sewer lines at Waiaha 1st, district of North Kona, on the Island of Ha- waii and In the State of Hawaii, to take, acquire, and condemn certain lands with all improvements thereon and appurtenances thereunto be- longing, free and clear of all liens and encumbrances, and to that end and for these purposes the Corporation Counsel of the County of Ha- waii be and is hereby authorized and empowered to initiate proceed- ings in eminent domain, as provided by law, for the taking, acquisition, and condemnation of the land described in exhibits "1" and "2", at- tached 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, 'stor- age 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. .. INTRODUCED BY: Brian De Lima - COUNCILMEMBER COUNTY OF HAWAII I - Date of Introduction: June 1, 1994 I hereby certify that the foregoing resolution was duly,passed on first reading by the County Council, County of Hawaii, at their meeting held on June 1, 1994, by the following Aye and No vote: AYES: Councilmembers Arakaki, Bonk-Abramson, Childs, De Lima, Domingo, Hale, Rath, Rosehill, and Chairman Schutte-9. NOES: None. Robin J. Yahiku '. `: COUNTY CLERK COUNTY OF HAWAII (9309—Hawaii Tribune-Herald: JUN 08 1994) a . 111) AFFIDAVIT OF PUBLICSTION State of Hawaii County of Hawaii S S A. M. CANDELARIA, being first duly sworn, deposes and says: 1. That she is the advertising Clerk of WEST HAWAII TODAY, INC. , publisher of West Hawaii Today, a newspaper published in the City of Kailua- Kona, State of Hawaii. 2. That the COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 221-94 PROVIDING FOR THE ACQUISITION OF LAND FOR A SEWER PUMP STATION AND AN EASEMENT FOR SEWER LINES AT WAIAHA 1ST, DISTRICT OF NORTH KONA " of which a clipping from the newspaper as published is attached hereto, was published in said newspaper on the following date(s) June 8 , 19 94 (etc.). . i . Subscribed and sworn to before me this i 3'f. day of 401 19 `94 D10144.14.- OCCILLitt- Notary Public, Third Circuit, State of Hawaii My Commission Expires al`F rig 7 COUNTY OF HAWAII STATE OF HAWAII v RESOLUTION NO.22SND FOR A SEWER PROVIDING FOR THE ACQUISITION OF PUMP STATION AND AN EASEMENT FOR SEWER COUNTY AND WAIAHA 1ST, DISTRICT OF NORTH KO NASTATE OF HAWAII. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: for the public use and purpose,to wit: the That it is necessary, station construction, operation and maintenance of a sewer pumpIsland •and sewer lines at Waiaha 1st,District to take,acquire,Kona, and the condemn . certain lands with all imp •of Hawaii and in the State oovements thereon and appurtenances thereunto belonging,free and clear of all liens and encumbrances,'. and to that end and for these purposes the CorporationdCounsel of the County of Hawaii be and is hereby authorized law,for the to initiate proceedings in eminent domain, as provided by taking, acquisition, and condemnation of the le a ardhe describedgtin- Exhibits"1"and"2",attached hereto and tempo arY construction pur- er with any adjacent lands necessary easements for con- poses, including but not limited to temporary • struction and operations,storage and disposal areas. nent domain, said That in the process of said proceedings hereby aorized in land empowered to�. Corporation Counsel be andproyal of this Council negotiate terms of settlement,subject prosecuted. and the court before which such proceedings a INTRODUCED BY:Brian De Lima,COUNCILMEMBER,COUNTY OF HAWAII. Date of Introduction:June 1,1994 I hereby certify that the foregoing resolution was duly passed on bythe County Council,County of Hawaii,at their meet- finngt reading g held on June 1,1994,by the following Aye and No vote: lds AYES: Councilmemb R6and Chairman Schuette-9•e Lima,Domingo,Hale,Rath,Rosehill, NOES:None. ROBIN J.YAHIKU COUNTY CLERK COUNTY OF HAWAII (No.5195-West Hawaii Today:June 8,1994) et d - a :-.. 9 J 6