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HomeMy WebLinkAboutRES 079 Draft 01 2010-2012 J � ( V OF M COUNTY OF HAWAII ri ' °,. r '1 =.r STATE OF HAWAII .. RESOLUTION NO. 79 11 RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, TAX MAP KEY: (3) 9 -2- 150 -060, SITUATED AT KAHUKU, DISTRICT OF KA`U, COUNTY AND STATE OF HAWAII, FOR THE OCEAN VIEW RECYCLING AND TRANSFER STATION, ALSO KNOWN AS OCEAN VIEW RECYCLING POINT AND CONVENIENCE CENTER PROJECT. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, Steven C. Eames and Patricia Jane Eames, Trustees of the Steven and Patricia Eames Trust dated September 16, 2005 (or their successor trustee(s)), Glenn Binford, Trustee of the Ronald A. Wilson Revocable Living Trust dated January 26, 2011 (or his successor trustee), and Tyson R. Bryan are the owners of real property situated at Kahuku, Hawai`i, identified as Tax Map Key Number (3) 9 -2 -150 -060; and WHEREAS, the County of Hawai`i ( "County ") will be constructing and operating on the above mentioned parcel the Ocean View Recycling and Transfer Station, also known as the Ocean View Recycling Point and Convenience Center, which improvements generally consist of grading and site improvements, construction and operation of a State of Hawai`i Department of Health permitted recycling and solid waste transfer station ( "Improvements "); and WHEREAS, the Improvements will require the acquisition by the County of the property owned by Steven C. Eames and Patricia Jane Eames, Trustees, Glenn Binford, Trustee (or their respective successor trustees), and Tyson R. Bryan, identified as LOT 1 of the "KONA -SOUTH ESTATES, UNIT I ", as shown on File Plan No. 953, containing an area of 21.6397 acres, more or less, and together with a One Twenty- Second (1/22) undivided interest in Lots 23 and 24 (Roadway Lots, areas 12.7739 and 15.9487 acres, respectively, Tax Map Key 9 -2 -150 — portion of 066) more specifically delineated on the attached map; and WHEREAS, the Improvements will provide a regional benefit for a public purpose and use which benefits the County of Hawai`i; and WHEREAS, it is necessary for the County of Hawai`i to acquire the above - described real property, requiring that the County of Hawai`i invoke its condemnation powers, to complete the Improvements; and WHEREAS, Section 101 -13 of the Hawai`i Revised Statutes requires that a condemnation action by the County of Hawai`i must be authorized by a resolution of the County Council. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is necessary for the public use and purpose, to wit: providing sanitary solid waste collection and recycling opportunities in Kahuku, District of Ka`u, County and State of Hawai`i, to take, acquire and condemn that certain private property identified as LOT 1 of the "KONA SOUTH ESTATES, UNIT P' as shown on File Plan No. 953, containing an area of 21.6397 acres, more or less, and together with a One Twenty- Second (1/22) undivided interest in Lots 23 and 24 (Roadway Lots, areas 12.7739 and 15.9487 acres, respectively, Tax Map Key 9 -2 -150 — portion of 066) and delineated on the attached map. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Corporation Counsel of the County of Hawai`i 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 BY THE COUNCIL OF THE COUNTY OF HAWAII 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 in accordance with the approval of the court before which such proceedings are prosecuted. BE IT FINALLY RESOLVED that the Clerk of the County of Hawai`i is directed to transmit copies of this resolution to (1)the Honorable William Kenoi, Mayor of the County of Hawai`i; (2) the Department of Environmental Management; (3) Deputy Corporation Counsel Ivan Torigoe; (4) Finance Director Nancy Crawford; and (5) Steven C. Eames and Patricia Jane Eames, Trustees of the Steven and Patricia Eames Trust dated September 16, 2005, P. O. Box 159, Honaunau, HI 96726; Glenn Binford, Trustee of the Ronald A. Wilson Revocable Living Trust dated January 26, 2011, P.O. Box 158,North San Juan, CA 95960; and Tyson R. Bryan, P. O. Box 7221, Ocean View, HI 96737. Dated at , Hawai`i, this day of , 2011. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i BLAS FORD I hereby certify that the foregoing RESOLUTION was by HOFFMANN the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA County of Hawai`i on ONISHI PILAGO ATTEST: SMART YAGONG YOSHIMOTO Reference: C-211/FC COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 79 11 t r i K x IV Sj r ) 4 8 g s i s � � e 4 '•. ,d K i r f t om_ 8 , ty i ' , . a p iw a 15 � ,fix i i i ° r i6 119'R pa „ a CD I E :; j } yy Y A 2 l� ; \ esor ''.o' 'i 011181 ,Q1 1181 a A j T t o if 1 .• 8 I 1 ii119111110 II o � i i 111 Lit g i if 'i3 ,gam (4 1 — • (g a y ¢ ,, ; U 5 e =m ® e.P „� I. u ^ Y i t o er ♦• c . n u raw s• ;ii o! 4 e = o u o ', p 4 nlie4 m , i a _ q4 A ..1;11 1 ®P..•s � 3 Si zi O,. 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