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Home My WebLink AboutRES 208 Draft 02 1998-2000 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0.208 00 ra RESOLUTION PROVIDING FOR THE ACQUISITION OF PRIVATE PROPERTY, BEING A PORTION OF TAX MAP KEYS (3)3-5-003-027 AND 3-5-004-008, SITUATE AT PAPA`ALOA, NORTH HILO, HAWAII, FOR A PUBLIC RIGHT-OF-WAY. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII WHEREAS, Jack Ramos Ranch, Inc. is the owner of Road Lot "A" and Swale Easements 1 and 2, being portions of Tax Map Keys (3)3-5-003-027 and 3-5-004-008, more particularly described in Exhibit "A" attached hereto; and WHEREAS, the subject roadway, from the end of Papa`aloa Subdivision, Increment I-A to Ochiro Road, has been providing access to the surrounding landowners after a section of Ochiro Road servicing the area fell into the gulch; and WHEREAS, the County has deemed it necessary to exercise its right of eminent domain in acquiring the subject roadway for the purpose of insuring a continuing public access to the residents of surrounding area; and WHEREAS, Section 101-13 ofthe 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 maintenance, operation and improvement of Road Lot "A" situate at Papa`aloa, N. Hilo, Hawaii, to take, acquire and condemn that certain roadway identified as being a portion of Tax Map Keys (3)3-5-003-027 and 3-5-004-008, described in Exhibit "A" 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 roadway, together with any adjacent lands necessary for temporary construction purposes. 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, subject to 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) Jack Ramos Ranch, Inc., c/o Alan M. Okamoto, Esq., Nakamoto, Yoshioka & Okamoto, 187 Kapi`olani Street, Hilo, Hawaii 96720; (2) the Honorable Stephen K. Yamashiro, Mayor of the County of Hawaii; (3) the Department of Public Works; and (4) the Office of the Corporation Counsel. DATED: Hilo, Hawaii, April 19, 2000 INTRODUCED BY: C1Yvw-- COUNCIL MEMB Y OF HAWAII Date of Introduction April 5, 2000 Date of Publication April 14 & 17, 2000 Date of 2nd Reading April 19, 2000 COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX H110, Hawaii ARAKAKI X CHUNG X 1 hereby certity that the foregoing RESOLUTION was by ELARIONOFF X the vote indicated to the right hereof adopted by the COUNCIL of the JACOBSON X County of Hawaii on April 19, 2000 LE[THEAD-TODD ATTEST: PISICCHIO X - SMITH X ~ TYLER X YAGONG X r'~ L._~ 9 0 0 0 'COUNTY CLE~tK CHAIRMAN & PRESIDING OFFICER Reference: C-643. 001 /P-PW&PC -70 RESOLUTION NO. 2 ~ 8 ~ ~ ~ DRAFT 2 ) ~ ~ EXHIBIT `A ROAD LOT "A" Being a portion of Grant 904 to Rapule and Nawahine Being also a portion of Grant 908 to Rapalehua Situated at Papaaloa, Raiwilahilahi, North Hilo, Hawaii Beginning at the Easterly corner of this parcel of land being the Southwesterly corner of Papaaloa Subdivision, Increment 1-A, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Papaaloa" being 1,995.09 feet North and 1,713.90 feet East, thence running by azimuths measured clockwise from True South; 1. 76° 02' 00" 536.30 feet along the remainder of Grant 904 and Grant 908; ' 2. 80° 35' 00" 1,274.80 feet along the remainder of Grant 908; Thence along the remainder of Grant 908 to Kapalehua on a curve to the left with a radius of 60.00 feet, the chord azimuth and distance being: 3. 24° 10' 00" 99.97 feet; 4. 147° 45' 00" 131.86 feet along the Northerly side of the Homestead Road; 5. 183° 21' 30" 22.31 feet along the Easterly side of the Homestead Road; 6 . 260° 35' 00" 1, 373.95 feet along the remainder of Grant 908; 7. 256° 02' 00" 533.92 feet along the remainder of Grant 904 and Grant 908; 8. 346° 02' 00" 60.00 feet along the Westerly side of Papaaloa Subdivision, Increment l to the point of beginning and containing an area of 2.673 acres. ~w TOGETHER WITH a perpetual Swale Easement 1 and Swale Easement 2 as more particularly described below for drainage purpose for Roadway Lot A, said Swa~.e Easements more fully described as follows: SWAT,R EASEMENT 1 (15.00 feet wide) Being a portion of Grant 904 to Kapule and Nawahine Situated at Papaaloa, North Hilo, Hawaii Beginning at the Westerly center line of this parcel of land along the Southerly side of Road Lot "A", the coordinates of said point of beginning referred to Government Survey Triangulation Station "Papaaloa" being 1,974.16 feet North and 1,629.74 feet East, thence running by azimuths measured clockwise from True South: 1. 300° 36' 00" 72.52 feet along the remainder of Grant 904 _ to Kapule and Nawahine; Thence along the same on a curve to the right with a radius of 257.50 feet, the chord azimuth and distance being: 2. 310° 22' 00" 87.36 feet; 3. 320° OS' 00" 163.11 feet along the same; Thence along the same on a curve to the left with a radius of 342.50 feet, the chord azimuth and distance being: 4. 306° 21' 00" 163.20 feet; 5. 292° 34' 00" 186.20 feet along the same; Thence along the same on a curve to the right with a radius of 257.50 feet, the chord azimuth and distance being: 6. 308° 24' 00" 140.51 feet; 7. 324° 14' 00" 155.14 feet along the same to the Easterly end of the center line Swale and containing au area of 1.4,578 square feet. ' r SWAI.E EASEMENT Z - (15.00 feet wide) Being a portion of Grant 904 to Rapine and Nawahine Being also a portion of Grant 908 to Kapalehua Situated at Papaaloa, North Hilo, Hawaii Beginning at the Westerly center line of this parcel of land along the Southerly side of Road Lot "A", the coordinates of said point of beginning referred to Government Survey Triangulation Station "Papaaloa" being 1,662.30 feet North and 32.74 feet West, thence running by azimuths measured clockwise from True South: 1. 299° 10' 00" 838.88 feet along the remainder of Grant 908 to Rapale~hua; Thence along the same on a curve to the right with a radius of 302.50 feet, the chord azimuth and distance being: 2. 305° 31' 30" 67.00 feet; 3. 311° 5 3' 0 0" 4 5.0 6 feet along the remainder of Grant 9 0 8 to Kapalehua and Grant 904 to Kapule and Nawahine; Thence along the remainder of Grant 904 to Kapule and Nawahine on a curve to the left with a radius of 347.50 feet, the chord azimuth and distance being: 4. 299° 21' 00" 150.82 feet; 5. 286° 49' 00" 74.24 feet along the same; 6. 298° 21' 00" 211.10 feet along the same; . { Thence.,along the same on a curve to the right with a radius of 102.50 feet, the chord azimuth and distance being: 7. 308° 26' 00" 35.89 feet; 8. 318° 31' 00" 45.09 feet along the same; Thence along the same on a curve to the left with a radius of 122.50 feet, the chord azimuth and distance being: 9. 295° 27' 00" 95.99 feet; 10. 272° 23' 00" 18.58 feet along the same; Thence along the same on a curve to the right with a radius of 602.50 feet, the chord azimuth and distance being: 11. 286° OS' 00" 286.41 feet; 12. 299° 53' 00" 246.05 feet along the same to the Easterly end of the center line Swale and containing an area of 31,83 I. square feet.