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HomeMy WebLinkAboutCOM 0211.001 2010-2012 ... M. 808 Phone: " = 323 -4277 BRENDA J. FORD :" ,:, � .,,.,;.,�'/ I. ; ( ) Council Member '. - - - --' Fax: (808) 329 4786 District 7 - Central Kona •f T: M ° " r, _. `'. E - Mail: bford @co.hawaii.hi.us t p ;q r HAWAII COUNTY COUNCIL County of Hawaii __. West Hawaii Civic Center 74 -5044 Ane Keohokalole Hwy. Kailua -Kona, Hawaii 96740 DATE: May 27, 2011 .. TO: Dominic Yagong, Chairperson, and Members of the Hawai`i County Council k— FROM: renda J. Ford, Council Member SUBJECT: Proposed Amendments to Resolution No. 79 -11; 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 Hawai`i, for the Ocean View Recycling and Transfer Station, Also known as Ocean View Recycling Point and Convenience Center Project For your consideration, please find attached proposed amendments to Resolution No. 79 -11. Additional information provided by the Administration required changes to this resolution. The proposed amendments, illustrated via Ramseyer format (and bolded) with respect to the contents of Resolution No. 79 -11, are as follows: 1. The first BE IT FURTHER RESOLVED clause is amended to read: "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[:], for compensation not to exceed the current independently appraised value of $248,000.00." 2. The second BE IT FURTHER RESOLVED clause is amended to read: "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 Comm. Na Z. i i • Ref. To: Pf c C- Serving the Interests of the People of Our Island Ref. may !Al 2A 11 Hawaii County is an Equal Opportunity Provider and Employer approval of the court before which such proceedings are prosecuted[.], not to exceed the current independently appraised value of $248,000.00." A draft copy of Resolution No. 79 -11, Draft 2, is attached incorporating these amendments. BJF /dkr Att. 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 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) 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, for compensation not to exceed the current independently appraised value of $248,000.00. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I 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, not to exceed the current independently appraised value of $248,000.00 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.