HomeMy WebLinkAboutRES 266 Draft 01 1998-2000 COUNTY OF HAWAII .STATE OF HAWAII
RESOLUTION NO. ~~66 00
PROVIDING POR THE ACQULSTITON OF PRIVATE PROPERTY, BEING A PORTION OF
TAX MAP KEY NO. (3)8-1-007:045, SITUATE AT ONOULI 2 AND KEOPUKA, SOUTH
KONA, COUNTY AND STATE OF HAWAII, FOR THE DEVELOPMENT AND
CONSTRUCTION OF A BYPASS HIGHWAY BETWEEN THE VICINITY OF KEAUHOU
AND CAPTAIN COOK, KONA, HAWAII.
BE IT RESOLVED BY THE COUNCII. OF THE COUNTY OF HAWAII.
WHEREAS, 1250 Oceanside Partners, a Hawaii limited partnership, dba Oceanside 1250
(Oceanside) is the owner in fee simple and lessee of certain lands situated in North and South
Kona, Hawaii, identified as Tax Map Key Nos. (3)7-9-012:003, 7-9-012:004, 7-9-012:011 and
8-1-004:003 (portion); and
WHEREAS, Oceanside plans to develop the above-mentioned properties into an
agricultural lot community and its components, including a lodge, golf course, golf club house and
coastline pazk; and
WHEREAS, pursuant to Resolution No. 244-98 dated April 1, 1998, Oceanside and the
County of Hawaii entered into a development agreement, the terms and conditions of which will
require Oceanside to provide certain public and other improvements, including the design,
construction and development of a road intended to bypass Mamalahoa Highway in the
approximate vicinity between Keauhou and Captain Cook, Kona; said road being planned to
consist of two lanes and a sufficient right-of-way for expansion to four lanes; and
WHEREAS, the bypass highway has been determined by the County of Hawaii as
providing a regional public purpose which will benefit the County of Hawaii; and
WHEREAS, the development agreement provides that if one of the owners across whose
property the bypass highway is planned to traverse fails to mutually agree with Oceanside with
respect to the purchase price or "the terms of the purchase," the condemnation powers of the
i , f ~
County of Hawaii shall be used to acquire that particular segment with Oceanside reimbursing
the County of Hawaii for any costs to acquire; and
WHEREAS, the alignment of the bypass highway will traverse a portion of the property
identified as Tax Map Key No. (3)8-1-007:045, owned by Robert Nigel Richards, Trustee under
the Marilyn Sue Wilson Trust, as to an undivided 25°k interest, and Trustee under the Joan
Elizabeth Coupe Trust as to an undivided 25% interest; Chazles William Coupe and Joan
Elizabeth Coupe as to an undivided 3°k interest, Miles Hugh Wilson as to an undivided 3°k
interest, and Joan Coupe, Trustee under Revocable Trust of Joan Coupe as to an undivided 44°k
interest; and
WHEREAS, Oceanside has been unable to voluntarily acquire the necessary right-of-way,
more particularly described in Exhibit "A" and delineated on Exhibit "B" attached hereto,
requiring that the County invoke its condemnation powers in acquiring a portion of the private
property to complete the bypass highway; 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, THRRF.FORE, BE Tf RESOLVED BY THE COUNCIL OF THE COUNTY OF
Hawaii, finds that it is necessary for the public use and purpose, to wit: the construction and
development of a road intended to bypass Mamalahoa Highway in the approximate vicinity
between Kesuhou and Captain Cook, Kona, to acquire and condemn a portion of that certain
private property identified as Tax Map Key No. (3)8-1-007:045, described in Exhibit "A" and
delineated on Exhibit "B" attached hereto, pursuant to the development agreement with
Oceanside.
BE 1T 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 bylaw, for the taking, acquisition and condemnation of the aforesaid private property.
BE TT 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) John R. Dwyer, Jr., Esq., 1800 Pioneer Plaza, 900 Fort
^i'.'\
Street Mall, Honolulu, Hawaii 96813; (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; and (5) the property owners of TMK:(3)8-1-007:045.
DATED: Hilo, Hawaii, July 26.2000
Il~]~JDUCED BY:
COUNCII. MEMBER, O wai'i
Date of Introduction July 7 , 2000
Date of Publication July 7, 2000
Date of 2nd Reading July 26, 2000
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii
ARAKAKI X
I hereby certify that the foregoing RESOLUTION was by the CHUNG X
vote indicated to the right hereof adopted by the COUNCIL of ELAR[ONOFF X
the County of Hawaii on T„ i ~ fi, ~ n n n 7ACOasox X
LEITHEAD-TODD
ATTEST: PISICCHIO X
smlrrH x
TYLER X
YAGONG X
5 1 3 0
Reference C-798
CO CLERK CHAIRMAN 8c PRESIDING OFFICER RESOLUTION NO. ZBB n Q
n
PROPOSED
PORTION OF
HORULI'A BYPASS ROAD
OVER, ACROSS AND UPON THE FOLLOWING:
GRANT 1162 TO F.O. SCHULZE AND GRANT 2862 TO AWAPUA
AT ONOULI 2 AND KEOPUKA, SOUTH KONA, ISLAND OF HAWAII, HAWAII
Beginning at the Northwest coma of this portion of roadway, along R.P. 4386 & 7146, L.C.Aw. 8452, Ap.
11 to A. Keahokalole, the coordinates of said point of beginning referred to Government Survey Triangulation
Station "PW OHAU",being 3,689.72 feet South and 7,539.92 felt East and thence ~+*+~+~g by azimuths measured
clockwise from true South:
1. 240° 19' 30" 43.43 feet along a stonewall across the remainder of the
Proposed Hokuli'a Bypass Road, being a portion of R.P.
4386 & 7146, L.C.AW. 8542, Ap. 11 to A. Keahokalole;
2. 238° 12' 30" 76.94 feet along a stonewall across the remainder of the
Pzoposed HokuG'a Bypass Road, being a portion of R.P.
4386 & 7146, L.C.AW. 8542, Ap. 11 to A. Keahokalole;
3. 333° 20' 986.94 feet along the remainder of Grant 1162 to F.O. Schulze;
4. 63° 20' 20.00 feet along the remainder of Grant 1162 to F.O. Schulze;
5. 333° 20' 108.95 feet along the remainder of Grant 1162 to F.O. Schulze;
G. 64° 50' 25" 80.03 feet across the remainder of the Proposed Hokuli'a
Bypass Road, being a portion of Grant 1162 to F.O.
Schulze;
-1-
12owaiakamil°aoad E~CHTBIT "A" Planning
Suite 111 Engineering
Floralulu Hawaii %9174911 Erniromnnul5ervices
tereanw~.eoe9a"" R. M. TOWILL CORPORATION P
st"
Fu 9098/21937
e1MA rnrtovell9li~one.tom SINCE ~ r a o Construction Management
F
7. t53° 20' 106.84 feet along the remainder of Grant 1162 to F.O. Schulze;
8. 243° 20' 20.00 feet along the remainder of Grant 1162 to F.O. Schulze;
9. 153° 20' _ 977.78 feet along the remainder of Grant 1162 to F.O. Schulze to
the point of beginning and containing an area of 2.90 Acres,
more or less.
Jyy~LL FIG(~F79o
Q' LICENSED 9
pgOFESS10NAl Description Prepared by:
LAND
* R M. TO CORPORATION
No.4729
ygwAll, U SP
73-5574 Marau Street, Bay 11B Russell Figueire
Kailas-Kona, Hawaii 96740 Licensed Professional Land Surveyor
September 16,1999 Certificate Number 4729
-2-
Planning
120 Waiakamio fload
SuiN 111 ~~`I Engineering
HonoArlu Hawai 46817AW I E^w°nne^dl $erv'cez
Te4pApre 808 8621133 Pfmogramnetry
P~,~~,~, FZ. M. TOWILL CORPORATION srrrveying
eMaA rmtowig0i-one.can s i n c e z s~ o l:onztruction Management
~o
0
os ~G:
~~p~o~~
0 1~~ ~
~ P•
6 t0 ~ 2
9 ~
k35~ ~ ' - ~ ~
CiP' p.Q •
~
a
'6. ~,y 'b
/ ~ ~ 3609.12 5 ~9y D,
1539.92E D >
"Pw OFau" A ~ as , !_rrU~~,O
A~ :J_
ao
sw, y F O
o.
~ ti° ~ Portion of
~ ~ Proposed
~ ~~~2 9 Hokull'a Bypass Road
2.90 Acres
(~P~t r
~ * (more or less)
ag
~ ~ b~ zd1o yob.
3~~
zop° o
.iw3'~o ~0~'~ Pyao~
-o t,° r
3 2~~02 -°os mat ~ i
Portion of ~c~t ~
Proposed Hokul'Ia Bypass Road ~
Ov®r, Across and U~ppon ~ o
Grant 1162 to P.O. Schulze and '1
Grant 2862 to Awapua
At Onoult 2 and Keopuka, Sovth Kona,
Island of Hawaii, Hawaii
Tax ~ Key: B-I-O'1: por. 45
EXHIBIT "B"
RMTG Ref. ND., I-ID513-2-5 / 79-55'14 Malou Stroet, IIB
FN., bront1162Dr:q R. M. TOWIIl. OORPORATION KnINrO-Y.~na. I~lawau 696140
IS, a uec~ .o• Septemb0~ I6, 1999
COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION N0.266-00
PROVIDING FOR THE ACQUISITION OF PRIVATE PROPERTY, BEING A
PORTION OF TAX MAP KEY NO. (3)8-1-007:045, SITUATE AT ONOULI 2 AND
KEOPUKA, SOUTH KONA, COUNTY AND STATE OF HAWAII, FOR THE
DEVELOPMENT AND CONSTRUCTION OF A BYPASS HIGHWAY BETWEEN
THE VICINITY OF KEAUHOU AND CAPTAIN COOK, KONA, HAWAII.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII.
WHEREAS, 1250 Oceanside Partners, a Hawaii limited partnership, dba
Oceanside 1250 (Oceanside) is the owner in fee simple and lessee of certain lands
situated in North and South Kona, Hawaii, identified as Tax Map Key
Nos. (3)7-9-012:003, 7-9-012:004, 7-9-012:004, 7-9-012:011 and 8-1-004:003 (portion);
and
WHEREAS, Oceanside plans to develop the above-mentioned properties into an
agricultural lot community and its components, including a lodge, golf course, golf club
house and coastline park; and
WHEREAS, pursuant to Resolution No. 244-98 dated April 1, 1998, Oceanside
and the County of Hawaii entered into a development agreement, the terms and
conditions of which will require Oceanside to provide certain public and other
improvements, including the design, construction and development of a road intended to
bypass Mamalahoa Highway in the approximate vicinity between Keauhou and Captain .
Cook, Kona; said road being planned to consist of two lanes and sufficient right-of--way
for expansion to four lanes; and
WHEREAS, the bypass highway has been determined by the County of Hawaii
as providing a regional public purpose which will benefit the County of Hawaii; and
WHEREAS, the development agreement provides that if one of the owners across
whose property the bypass highway is planned to traverse fails to mutually agree with
Oceanside with respect to the purchase price or "the terms of the purchase," the
condemnation powers of the County of Hawaii shall be used to acquire that particular
segment with Oceanside reimbursing the County of Hawaii for any costs to acquire; and
WHEREAS, the alignment of the bypass highway will traverse a portion of the
property identified as Tax Map Key No. (3)8-1-007:045, owned by Robert Nigel
Richards, Trustee under the Marilyn Sue Wilson Trust, as to an undivided 25% interest;
Chazles William Coupe and Joan Elizabeth Coupe as to an undivided 3% interest,
Miles Hugh Wilson as to an undivided 3% interest, and Joan Coupe, Trustee under
Revocable Trust of Joan Coupe as to an undivided 44% interest; and
WHEREAS, Oceanside has been unable to voluntarily acquire the necessary
right-of--way, more pazticulazly described in Exhibit "A" and delineated on Exhibit "B"
attached hereto, requiring that the County invoke its condemnation powers in acquiring a
portion of the private property to complete the bypass highway; and
f,,..,,*,
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, finds that it is necessary for the public use and purpose, to wit:
the construction and development of a road intended to bypass Mamalahoa Highway in
the approximate vicinity between Keauhou and Captain Cook, Kona, to acquire and
condemn a portion of that certain private property identified as Tax Map Key
No. (3) 8-1-007:045, described in Exhibit "A" and delineated on Exhibit'B" attached
hereto, pursuant to the development agreement with Oceanside.
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 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) John R. Dwyer, Jr., Esq., 1800 Pioneer
Plaza, 900 Fort Street Mall, Honolulu, Hawaii, 96813;
(2) the Honorable Stephen K. Yamashiro, Mayor of the County of Hawaii,
(3) the Department of Public Works (4) the Office of the Corporation Counsel; and (5)
the property owners of TMK: (3)8-1-007:045.
Introduced by:
DOMINIC YAGONG
Councilmember
I HEREBY CERTIFY that the foregoing resolution was duly passed on first reading by
the Council of the County of Hawaii at their meeting held on July 7, 2000, by the
following Aye/no vote:
AYES:Councilmembers Chung, Elarionoff,
Leithead-Todd, Smith, Tyler,
Yagong and Chairman Arakaki - 7.
NOES: Councilmembers Jacobson and
Pisicchio - 2.
~ty Clerk
County of Hawaii
AFFIDAVIT OF PUBLICATION
State of Hawaii
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 .a
news~aoer published in the Citv of Hilo. State of Hawaii.
2. That the- COUNTY OF HAWAII -STATE OF HAWAII -RESOLUTION NO. 266-00-etc..
was published in said newspaper on the following date: (s)
July 21,2000
#141561 ~
Subscribed and sworn to before me
this 28th day of JuIv.2000
Q I-~--~-i Q- Gt
SHARON H.P. OGATA
Notary Public, Third Circuit, State of Hawall
My commission expires October 1, 2000
~~,b~, ~~a~....
~ ~ ~ 1 y l
9
AFFIDAVIT OF PUBLICATION
KEN BERRY being duly sworn deposes and says, that he is the PUBLISHER
of RFD Publications, Inc., publishers of the Hawaii State & County Public Notices which
are circulated in the State of Hawaii, Sun Press military newspapers and
Midweek which are circulated in the City and County of Honolulu, State of Hawaii, and
furthermore that the following representation is a true and correct accounting of publication
and distribution:
Ad Number: 05501714
Print Date: 07/24/00
Distribution: HS&CPN Hawaii
Additional: Bills 271 (Draft 3) and Resolu
1
PUBLISHER
STATE OF HAWAII )
S. S. Subscribed and sworn to before me this
City & County of Honolulu )
z day of(T Zd0`D
KZLI.Llwt/~
Notary Public of the First Judicial
Circuit, State of Hawaii
MiNCU1x'~E My commission expires:
!I~ ~ Merry October 07, 2002
- -
•
4 HS&CPN Hawaii/Honolulu July 24,2000 s' C. ,
v, •,4,,,,;,,. .,4::'.4,:),,,,,4,,,,•:.:,,,,,,,,,..,' Q ..�� .:-u ,. ...: y� ' z�f�Y ssi':X�'-`3sf�.�. r " 3li;d >!,k`F3�� z,�a..r... ^�.> 1 r>T`y� �vF'` �> yy�� 2Y� it 4�'s 1 �``
' ,,,,,,;.,,;:•,,,,,,,,,,,D,,,,"' F; {` .- ;� r ��, 'fid �`>M%� ... ,,.. +..>.H.,. '�3: ,°�.`V :•.e,
^
''''''''t:: /� h,
.
.. ,—,g
.. ..:.. .r F .r ,. .; .,� ..`..z 4x..o.. ...°CK�...,.o.,. .o:,...,::, .:{a-r >%R'`>ns�: ] -....,!,,:- --%,:
...
• o
ATTENTION M :: :
s. s.. .s '2sF.,� .r.s r
ra;
Rw ;sG:
:..sY!�iR...,....�....�#1.�. ::. �>��:fN e..:>'•' s t'�.,� .xy:.x....s;^s.r..
AL .=✓n
LEG ,...� �,
.,.�...< ,,..�t� xx^tR�- .. .,:,,. -:. �rS.an.�asF�'�''�'a:4dS"� .:Sr.su#$.s:.as:a).!�k.o...<.::Yr,.�?'r:.'r�.;R' �e�>s�z��'� r� .:e«:��r„t�� „:%,..A4,:e..,;%,� ` .,.
Bills 271(Draft 3)and ADVERTISERS NOTICE OF PUBLIC HEARING AND CONTESTED NOTICE OF PUBLIC HEARING
Resolution 266-00' CASE HEARING '
PLEASE
I hereby certify that the CHECK YOUR ADS PLANNINGOOCF HAWAIIION the CounNoficty of is pursuant to theqprovisions of uor Commission
hap-
above-mentioned Bill and • COUNTY OF Y Hawaii, PChap
-
above-mentioned
passed first read- FOR ERRORS ter 281 of the Hawaii Revised Statutes, will hold a public
Mg at the meeting of the Addendum to Tuesday,August 15,2000 Agenda hearing in the Meeting Room of the Department of Liquor
CountyCouncil on Jul 7, (Previously published on July 17,2000) Control,Hilo Lagoon Centre, 101 Aupuni Street,Suite 230,
y and notify the Classi- Hilo, Hawaii, on Thursday, September 7, 2000, for the
2000. Due to this publics
; tion's deadline, full details of: fled Department im- MEETING DATE: Tuesday,August 15,2000 purpose of considering the application for liquor license set
these documents were pub- mediately. We will not PLACE: County Building,Councilroom-Room 201 forth hereunder.
lished in the July 21,2000,is- be responsible for er- 25 Aupuni Street,Hilo,Hawaii Protests and objections of the Hawaii Tribune to the granting thereof may be
Herald and the West Hawaii rors after the FIRST Add under NEW BUSINESS scheduled for 10:00 a.m.,the fol- made by any registered voter for the area within 500 feet of
Today. publication of any ad- lowing as Item No.6: the nearest point at which the premises of the applicant is
vertisement. located or by any owner and lessee of record of real estate
Copies of these Bills are avail- or by any owner of record of shares in a cooperative apart-
able in the Office of the Coun- ' 6. APPLICANT: COUNTY OF HAWAII DEPART-
; ty Clerk for use and examina- ' MENT OF PARKS&RECREATION-Application inept situated within a distance of 500 feet from the near-
tion by the public. RFD for a Special Management Area Use Permit to allow est point of such real estate Or' cooperative apartment. No
PUBLICATIONS improvements to the existing Ahalanui County Park, protests against the granting of a liquor license shall be
Al Konishi INC. including improvements to a portion of the Kaimu- considered by the Commission unless such protest is filed
COUNTY CLERK (808),235-5881 Kapoho Road,and related improvements. The prop- with the Commission at or before'the final public hearing;
(HS&CPN05501714:7/24/00) ' designates the application for which the objection is being
• erty is located on the.makai side of the Kaimu-Kapo 'filed;is dated and signed;and contains the address and so-
*•.. :::.::.:::..:.:...:..::.:....:.::.::..::......::::..::.,.:;: ::.. v::.:xt ,.r„:;>:......;:;...,:;:” -ho Road approximately one mile north of the Isaac
,<.� ..;w;<;,. F: �:<,.:.:;��^.:rro<s�: �<t s. .xza..�. P • tial security number of each person filing a protest. The
x P{ub l € @$rug+ . ,a: � Hale Beach Park and its intersection with the Pahoa- protest shall designate whether protestor is a property
., .',a;:,..k.:0,00:'o •i" ,x, F .001 :,` Pohoiki Road,Puna,Hawaii,TMK 1-4-2:5,6 and 61. owner or registered voter and shall be filed with the Liquor
-- ;,::,, G...> app.,• ,,.4;:,•a,:,:.,.,. s00:•: Hearing Status: Open
NOTICE OF PUBLIC MEETING,PUBLIC HEARINGS, Commission, County of Hawaii, Hilo Lagoon Centre, 101
Aupuni Street,Suite 230,Hilo,Hawaii 96720. •
AND CONTESTED CASE HEARINGS If there are any questions or if you require any accommo-
PLANNING COMMISSION dation or auxiliary aid and/or services to participate in this 1.APPLICATION NO.: 99-41 '
COUNTY OF HAWAII meeting(i.e.,sign language interpreter,large print),please call APPLICANT: Shaka Restaurant,Inc.
the Planning Department at 961-8288. TRADE NAME: Shaka Restaurant
NOTICE IS HEREBY GIVEN of matters to be considered by PLANNING COMMISSION , PLACE OF BUSINESS: Naalehu,Kau,Hawaii,
the Planning Commission of the County of Hawaii in accord- Richard B.Baker,Jr.,Chairman TMK: 9-5-021:011
• Geraldine M.Giffin,1st Vice Chairman LICENSE APPLIED FOR: Dispenser General,Category
ance with the provisions of Chapters 91 and 92,Hawaii Revised James S.Souza,2nd Vice Chairman 3b (premises in which recorded music, live entertain-
Statutes,Section 5-4.3 of the Charter of the County of Hawaii, (HS&CPN01503155: July 24,2000) ment and dancing are provided).
and the Planning Commission's Rules of Practice and Proce- ' TIME OF HEARING: 9:30 A.M.
NOTICE OF PUBLIC HEARING AND MEETING
dure. OF
HAWAII LI UOR COMMISSION By Order of the Liquor Commission
DATE: Friday,August 4,2000 Q of the County of Hawaii
PLACE: Aston Keauhou Beach Resort,Kahaluu Ballroom III . DATE: Thursday,August 3,2000 - RAYMOND G.CARVALHO,II,Chairperson
78-6740 Alii Drive,North Kona TIME: 9:30 A.M. By JANICE A.PAKELE,Director
PLACE: Meeting Room,Department of Liquor Control,
NEW BUSINESS 10:00 a.m. Kuakini Commerce Center,75-5737 Kuakini
Highway,Suite 102,Kailua-Kona,Hawaii. DATE: July 6,2000
AGENDA (HS&CPN01503117: July 17 2000)
APPLICANT: ROBERT S.NACKOWSKI
n.� ;» ,•.
L Call to Order Ay. t: :;'
„
�.:V�'��� .Yx ��r::.:Av:,". "9X.i9.5:�G..::bn.,{, ;::q: ''Si'
REQUEST: Application for a Special Permit to allow a >�4. � `�;. . .� .� <, �'^:` ":_>.
Q PP P IL Approval of Minutes 6 2000) : "z; ^{
(July � r% :�`; +,e ` <�.' Y�:` i:� c�„4:"`';�`
':.:R",' .f.l:.o 3t^ :?Y, ., 3,'�G -,., {{£%.:»'fAYss.�``�`.".'kY.rw.`:,'e4o o:..`:xL;- a.`.
temporary real estate sales office within a III. Public Hearings NOTICE OF PUBLIC MEETING
model home situated on 5.002 acres of land KAILUA VILLAGE DESIGN COMMISSION AGENDA
• within the State Land Use Rural District. 1. Application No.99-34 (9:30 A.M.) COUNTY OF HAWAII
Kealakekna Ranch,Ltd.,dba Choice Mart,for an'original Retail NOTICE IS HEREBY GIVEN of a meetin to held
LOCATION: The property is located in the Wehilani Subdi- General liquor license,located at 82-6066 Mamalahoa Highway, g be by
vision on the east (mauka) side of Hawaii Captain Cook,Hawaf i,TMK 8-2-01:125. the Kailua Village Design Commission of the County of Hawaii
in accordance with the provisions of section 92-7 Hawaii Re-
[l_11 n__.1 _L_1_..1 nun�'__t -.___�L .-C .. • ••__.•___�•. .vnn ..+0- •wr, •�.
AFFIDAVIT OF PUBLICATION
State of Hawau )
SS:
County of Hawaii )
Lorelei Logan ,being first
duly sworn, deposes and says:
1. That she is the Advertising Administrative
Assistant of WFST HAWAII TODAY
a nesSpaper published in the City of KAILUA-KONA ,State of Hawaii.
2. That the"COUNTY OF HAWAII STATE OF HAWAII RESOLUTION
NO. 266-00 PROVIDING FOR THE ACQUISITION OF PRIVATE PROPERTY,
BEING A PORTION of which a clipping from the newspaper as published is
attached hereto, was published in said newspaper on the following date(s)
July 21 , ,xpg 200~tc.)
Subscribed and sworn to before me
this 24th day of July ~ Igc200Q
Notary Public, Third Circuit,
State of Hawaii
Lana L. Taira
My Commission expires a n q d, 2 n n 1
COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO.266-00
PROVIDING FOR THE ACQUISITION OF PRIVATE PROPERTY, BEING A
PORTION OF TAX MAP KEY NO. (3)8-1-007:045, SITUATE AT ONOULI 2
AND KEOPUKA, SOUTH KONA,COUNTY AND STATE OF HAWAII, FOR
THE DEVELOPMENT AND CONSTRUCTION OF A BYPASS HIGHWAY
BETWEEN THE VICINITY OF KEAUHOU AND CAPTAIN COOK, KONA,
HAWAII.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII.
WHEREAS,1250 Oceanside Partners,a Hawaii limiteu'rartnership,dba
Oceanside 1250(Oceanside)is the owner in fee simple and lessee of certain
lands situated in North and South Kona, Hawaii, identified as Tax Map Key
Nos.(3)7-9-012:003,7-9-012:004,7-9-012:011 and 8-1-004:003(portion);and
WHEREAS,Oceanside plans to develop the above-mentioned properties
into an agricultural lot community and its components,including a lodge,golf
course,golf club house and coastline park;and
WHEREAS, pursuant to Resolution No. 244-98 dated April 1, 1998,
Oceanside and the County of Hawaii entered into a development agreement,
the terms and conditions of which will require Oceanside to provide certain
public and other improvements,including the design,construction and devel-
opment of a road intended to bypass Mamalahoa Highway in the approximate
vicinity between Keauhou and Captain Cook,Kona;said road being planned to
consist of two lanes and sufficient right-of-way for expansion to four lanes;and
WHEREAS,the bypass highway has been determined by the County of
Hawaii as providing a regional public purpose which will benefit the County of
Hawaii;and
WHEREAS,the development agreement provides that if one of the owners
across whose property the bypass highway is planned to traverse fails to mutu-
ally agree with Oceanside with respect to the purchase price or"the terms of
the purchase,"the condemnation powers of the County of Hawaii shall be
used to acquire that particular segment with Oceanside reimbursing the
County of Hawaii for any costs to acquire;and
WHEREAS,the alignment of the bypass highway will traverse a portion of
the property identified as Tax Map Key No.(3)8-1-007:045,owned by Robert
Nigel Richards,Trustee under the Marilyn Sue Wilson Trust,as to an undivid-
ed 25%interest;Charles William Coupe and Joan Elizabeth Coupe as to an
undivided 3%interest,Miles Hugh Wilson as to an undivided 3%interest,and
Joan Coupe,Trustee under Revocable Trust of Joan Coupe as to an undivid-
ed 44%interest;and
WHEREAS,Oceanside has been unable to voluntarily acquire the neces-
sary right-of-way,more particularly described in Exhibit"A"and delineated on
Exhibit"B"attached hereto,requiring that the County invoke its condemnation
powers in acquiring a portion of the private property to complete the bypass
highway;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,finds that it is necessary for the public use and purpose,
to wit: the construction and development of a road intended to bypass
Mamalahoa Highway in the approximate vicinity between Keauhou and
Captain Cook,Kona,to acquire and condemn a portion of that certain private
property identified as Tax Map Key No.(3)8-1-007:045,described in Exhibit
"A"and delineated on Exhibit'B"attached hereto,pursuant to the development
agreement with Oceanside.
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 con-
demnation of the aforesaid private property.
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 t
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)John R.Dwyer,Jr.,Esq.,
1800 Pioneer Plaza,900 Fort Street Mall,Honolulu,Hawai'i,96813;
(2)the Honorable Stephen K.Yamashiro,Mayor of the County of Hawaii,
(3) the Department of Public Works(4)the Office of the Corporation Counsel;
and(5)the property owners of TMK:(3)8-1-007:045.
Introduced by:
DOMINIC YAGONG
Councilmember
I HEREBY CERTIFY that the foregoing resolution was duly passed on first
reading by the Council of the County of Hawaii at their meeting held on July 7,
2000,by the following Aye/no vote:
AYES:Councilmembers Chung,Elarionoff,Leithead-Todd,
Smith,Tyler,Yagong and Chairman Arakaki-7.
NOES:Councilmembers Jacobson and Pisicchio-2.
County Clerk
• County of Hawaii
(No.1360—West Hawaii Today:July 21,2000)