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HomeMy WebLinkAboutRES 149 Draft 01 2010-2012 Y.OF.. COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 1-49 1-1- RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, TAX MAP KEY: (3) 7-7-008-120 (PORTION), SITUATED AT PAHOEHOE 2ND, DISTRICT OF NORTH KONA, COUNTY AND STATE OF HAWAII, FOR THE LA`ALOA AVENUE EXTENSION PROJECT. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, White Sands Estates, LLC, a Hawaii limited liability company, as to an undivided 86.81% interest, San Francisco Residence Club, Inc., a California corporation, as to an undivided 10% interest, Jeff Culver, Trustee of the Jeff Culver Revocable Trust dated August 23, 2006, as to an undivided 3.19% interest, as tenants in common (hereinafter"Owners"), are the owners of real property situated at Pahoehoe 2nd, Hawaii, identified as Tax Map Key Number (3) 7-7-008-120; and WHEREAS, the County of Hawaii ("County") will be constructing a roadway extension of La`aloa Avenue to Kuakini Highway ("Improvements"); and WHEREAS, the Improvements will require the acquisition by the County of a portion of the property owned by Owners, identified as being a portion of the lands described in and covered by Royal Patent 1668, Land Commission Award 8520-B, Apana 3 to Gini Lahilahi situated, lying and being at Pahoehoe 2"d' District of North Kona, Island and County of Hawaii, State of Hawaii, being Lot A-1-C as shown on the attached map; and WHEREAS, the Improvements will provide a regional benefit for a public purpose and use which benefits the County of Hawaii; and WHEREAS, it is necessary for the County of Hawaii to acquire the above-described real property, requiring that the County of Hawaii invoke its condemnation powers, to complete the Improvements; and WHEREAS, Section 101-13 of the Hawaii Revised Statutes requires that a condemnation action by the County of Hawaii must be authorized by a resolution of the County Council. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`l that it is necessary for the public use and purpose, to wit: for roadway purposes to take, acquire and condemn that certain private property owned by Owners, identified as being a portion of the lands described in and covered by Royal Patent 1668, Land Commission Award 8520-B, Apana 3 to Gini Lahilahi situated, lying and being at Pahoehoe 2°a District of North Kona, Island and County of Hawaii, State of Hawaii, being Lot A-1-C more specifically delineated on the attached map, and identified as being a portion of Tax Map Key 7-7-008-120 and containing approximately 1.487 acres. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII 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 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. 2 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 Public Works; (3) Corporation Counsel Lincoln Ashida; (4) Finance Director Nancy Crawford; and (5) White Sands Estates, LLC, a Hawai`i limited liability company c/o Abacus Financial Group, LLC, 2239 5th Street, Berkeley, California 94710; San Francisco Residence Club, Inc., a California corporation, 1390 Grandview Drive, Berkeley, California 94705; and Jeff Culver, Trustee of the Jeff Culver Revocable Trust dated August 23, 2006, 3526 Parleys Canyon Road, Placerville, California 95667. Dated at Kona , Hawai`i, this 19th day of October Late of Intraduction: Late of 1st Reading- Date of 2nd Reading: Effective Late: October 5, 2011 October 5, 2011 October 19, 2011 October 19, 2011 INTRODUCED BY: COUNCIL E BER, COUNTY OF HAWAII , 2011. COUNTY COUNCIL County of Hawai`i Hilo, Hawai`i 1 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 October 19, 201 1 ATTEST: CHAIRPERSON & PRESIDING 3 LL CALL VOTE Reference: C- 357 /PWPI -43 RESOLUTION NO. 149 11 AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X PILAGO X SMART X X , AGONG YOSHIMOTO X 8 0 1 0 Reference: C- 357 /PWPI -43 RESOLUTION NO. 149 11 tor 2, 1.2.6210W 1:0=1201 r re2u' Sraa1 �.r`•�� o , z ° _isy� 40.P ' 162710 "61.61��� vr3:A1212.5° nrs7ri' 56.86 tor PP 1 1 2 .4 1 1 1 1 tor 22 LOT A -I -A 587 ALS. J 1 U 1 1 1 1 n b CN,- 4tT ens. � . _ " : 7 : A } + 0 l � - 7r..; l t r , t . j L 1 ° Y 26� • *- 1 8 2 � i 2 7 ( 7 — j i 7 I r . -QJ r5,- 91215111151 1 27557',5.7560A rA•ua•Ars to, PP 1 1 7 m. an: rrrxpr .wwm A 5LSO °- .._.e. 2}4iiN'A ,k 7757'2,• 6182 Y } 2.4.4 LOT A -I -8 252 Acs. ° (,4'5s , Lf 91 v.•i ,fro a a fP s;,° „5. erzenr slot _-- }t�e�}'�•( u mAr I `wxu•u.m ry 1 Subdivision of Lot A -1 Being a Portion of Royal Patent 1888 L.C. An. 8520 -B, Apana 3 to Cini Lahilahi into Lots A -1 -A, A -1 -B and A -1 -C At Pahoohoe 2nd, North Kona, Island of Hawaii, Hawaii Tax Map Key: (3) 7 -7 -008: 120 Cann MOM 544505 65GI65 5LC/ITAL GRAPHIC SCALE Neter w.w a �.,ynw,ron n6 (n ( I we 100 I. n s;nun, .01 Ls,„44 e„°nMcmOA. ro PANAMA 2 A P., As A, Dane,.. no Nana. A66.n. gn Vet. on tietota 4=2 rt.= II smrzw62a ,, TOWEL EE000KA a AS°OCIA1T9, ING 2122 tt an mon COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 149-11 RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, TAX MAP KEY: (3)7-7-008-120 (PORTION), SITUATED AT PAHOEHOE 2ND DISTRICT OF NORTH KONA, COUNTY AND STATE OF HAWAII, FOR THE LA`ALOA AVENUE EXTENSION PROJECT. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, White Sands Estates, LLC, a Hawai`i limited liability company, as to an undivided 86.81% interest, San Francisco Residence Club, Inc., a California corporation, as to an undivided 10% interest, Jeff Culver, Trustee of the Jeff Culver Revocable Trust dated August 23, 2006, as to an undivided 3.19% interest, as tenants in common (hereinafter"Owners"), are the owners of real property situated at Pahoehoe 2"d, Hawai`i, identified as Tax Map Key Number (3)7-7-008-120; and WHEREAS, the County of Hawai`i ("County") will be constructing a roadway extension of La`aloa Avenue to Kuakini Highway ("Improvements"); and WHEREAS, the Improvements will require the acquisition by the County of a portion of the property owned by Owners, identified as being a portion of the lands described in and covered by Royal Patent 1668, Land Commission Award 8520-B, Apana 3 to Gini Lahilahi situated, lying and being at Pahoehoe 2°d' District of North Kona, Island and County of Hawai`i, State of Hawai`i, being Lot A-1-C as shown 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 Hawaii 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: for roadway purposes to take, acquire and condemn that certain private property owned by Owners, identified as being a portion of the lands described in and covered by Royal Patent 1668, Land Commission Award 8520-B, Apana 3 to Gini Lahilahi situated, lying and being at Pahoehoe 2"d District of North Kona, Island and County of Hawaii, State of Hawai`i, being Lot A-1-C more specifically delineated on the attached map, and identified as being a portion of Tax Map Key 7-7-008-120 and containing approximately 1.487 acres. 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 Hawaii; (2) the Department of Public Works; (3) Corporation Counsel Lincoln Ashida; (4) Finance Director Nancy Crawford; and (5) White Sands Estates, LLC, a Hawaii limited liability company c/o Abacus Financial Group, LLC, 2239 5th Street, Berkeley, California 94710; San Francisco Residence Club, Inc., a California corporation, 1390 Grandview Drive, Berkeley, California 94705; and Jeff Culver, Trustee of the Jeff Culver Revocable Trust dated August 23, 2006, 3526 Parleys Canyon Road, Placerville, California 95667. Introduced by: FRED BLAS Council Member I HEREBY CERTIFY that the foregoing resolution was duly passed on first reading by the Council of the County of Hawai`i at its meeting held on October 5, 2011, by the following Aye/No/Absent/Excused vote: AYES: Council Members Blas, Ford, Hoffmann, Onishi, Pilago, Smart, Yoshimoto, and Chair Yagong— 8. NOES: None. ABSENT: Council Member Ikeda— 1. EXCUSED: None. • Pili . , mae . . awauchi ounty Clerk ounty of Hawai`i (Note: The map is on file at the Office of the County Clerk for inspection.) Hawaii County is an Equal Opportunity Provider and Employer (Hawai`i Tribune Herald— October 15, 2011) (West Hawai`i Today— October 15, 2011) AFFIDAVIT OF PUBLICATION State of Hawaii ) 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 , a newspaper published in the City of HILO State of Hawaii. 2. That the " COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 149-11. . .etc. , „ of which a clipping from the newspaper as published is attached hereto, was pub- lished in said newspaper on the following date(s) October 15, 2011 , (etc.). 38039r1 • ' Gifts--• f Subscribed and sworn to before me this 21st day of October, 2011 . SHARON H. P. 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R. Chavez, being first duly sworn, deposes and says: 1 . That she is the Classified Accountant of WEST HAWAII TODAY, a newspaper published in the City of Kailua Kona, State of Hawaii. 2. That "COUNTY OF HAWAII STATE OF HAWAI'I RESOLUTION NO. 149- 11 RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY" of which a clipping from the newspaper is attached hereto, was published in said newspaper on the following date(s) October 15, 2011 (etc.) Subscribed and sworn to before me This 18th day of October, 2011 1N P III /�' //�,� Notary Public, Third Circui *; No.11-188 iw-' State of Hawaii PUBLIC: Is Henriann P. Kahananui 2,u mpu ie,* My Commission expires: June 6, 2015 Page(s): 1 COUNTY OF HAWAII BE IT RESOLVED BY THE COUNCIL OF THE COUNTY STATE OF HAWAII OF HAWAII that it is necessary for the public use and purpose, RESOLUTION NO 149-11 to wit for roadway purposes to take,acquire and condemn that certain private property owned by Owners,identified as being RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE a portion of the lands described in and covered by Royal Patent PROPERTY BY EMINENT DOMAIN,TAX MAP KEY:(3)7-7-008- 1668,Land Commission Award 8520-B,Apana 3 to Gini Lahilahi 120(PORTION),SITUATED AT PAHOEHOE 2ND,DISTRICT OF situated,lying and being at Pahoehoe 2nd District of North Kona, NORTH KONA,COUNTY AND STATE OF HAWAII,FOR THE Island and County of Hawaii,State of Hawaii,being Lot A-1-C LAALOA AVENUE'EXTENSION PROJECT. more specifically delineated on the attached map,and identified BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF as being a portion of Tax Map Key 7-7-008-120 and containing HAWAII: approximately 1.487 acres. WHEREAS,White Sands Estates,LLC,a Hawaii limited BE IT FURTHER RESOLVED BY THE COUNCIL OF THE liability company,as to an undivided 86.81%interest,San COUNTY OF HAWAII that the Corporation Counsel of the County Francisco Residence Club,Inc.,a California corporation,as to an of Hawaii be and is hereby authorized and empowered to initiate undivided 10%interest,Jeff Culver,Trustee of the Jeff Culver proceedings in eminent domain,as provided by law,for the%Ong, Revocable Trust dated August 23,2006,as to an undivided 3.19% acquisition and condemnation of the aforesaid private proPerty interest,as tenants in common(hereinafter"Owners"),are the BE IT FURTHER RESOLVED BY THE COUNCIL OF THE owners of real property situated at Pahoehoe 2nd, Hawaii, COUNTY OF HAWAII that in the process of said proceedings identified as Tax Map Key Number(3)7-7-008-120;and in eminent domain,the Corporation Counsel be and is hereby WHEREAS,the County of Hawaii("County")will be authorized and empowered to negotiate terms of settlement in constructing a roadway extension of La'aloa Avenue to Kuakini accordance with the approval of the court before which such Highway("Improvements");and proceedings are prosecuted. WHEREAS,the Improvements will require the acquisition by BE IT FINALLY RESOLVED that the Clerk of the County of the County of a portion of the property owned by Owners,identified Hawaii is directed to transmit copies of this resolution to(1)the as being a portion of the lands described in and covered by Royal Honorable William Kenoi,Mayor of the County of Hawaii;(2)the Patent 1668,Land Commission Award 8520-B,Apana 3 to Gini Department of Public Works;(3)Corporation.Counsel Lincoln Lahilahi situated,lying and being at Pahoehoe 2nd,District of Ashida;(4)Finance Director Nancy Crawford;and(5)White Sands North Kona,Island and County of Hawaii,State of Hawaii,being Estates,LLC,a Hawaii limited liability company do Abacus Lot A-1-C as shown on the attached map;and Financial Group,LLC,2239 5th Street,Berkeley,California 94710; WHEREAS,the Improvements will provide a regional benefit San Francisco Residence Club,Inc.,a California corporation,1390 for a public purpose and use which benefits the County of Hawaii; Grandview Drive,Berkeley,California 94705;and Jeff Culver, and Trustee of the Jeff Culver Revocable Trust dated August 23,2006, WHEREAS,it is necessary for the County of Hawaii to acquire 3526 Parleys Canyon Road,Placerville,California 95667. the above described real property,requiring that the County Introduced by: of Hawaii invoke its condemnation powers,to complete the FRED BIAS Improvements;and Council Member WHEREAS,Section 101 13 of the Hawaii Revised Statutes I HEREBY CERTIFY that the foregoing resolution was duly passed requires that a by a resolution action o my County. Hawai i must f on first reading by the Council of the County of Hawaii at its be authorized by a resolution of the County Council meeting held on October 5,2011,by the following Aye/No/Absent/ Excused vote: AYES: Council'Members Blas,Ford,Hoffmann,Onishi, , Pilago,Smart,Yoshimoto,and Chair Yagong—8. NOES: % None. ABSENT: Council Member Ikeda—1, EXCUSED: None. Jamae K.K.Kawauchi County Clerk, County of Hawaii (Note: The map is on file at the Office of the County Clerk for inspection.) r Hawaii County is an Equal Opportunity Provider and Ena (No.49725-West Hawaii Today:October 15,2011)