The URL can be used to link to this page

Home My WebLink AboutRES 150 Draft 01 2010-2012COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 150 11 RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, TAX MAP KEY: (3) 7 -7- 008 -114 (PORTION), SITUATED AT PAHOEHOE 1st, 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, Robert Noboru Iwamoto, Jr., (hereinafter "Owner "), is the owner of real property situated at Pahoehoe 1st, District of North Kona, County and State of Hawai`i, identified as Tax Map Key Number (3) 7 -7- 008 -114; 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 Owner, identified as being a portion of the lands described in and covered by Grant 2033 to Haleluhi situated, lying and being on the westerly side of Kuakini Highway at Pahoehoe 1st, North Kona, Island and County of Hawai`i, State of Hawai`i, Lot B, Parcel 2, containing an area of 2.710 acres 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 Hawai`i 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 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 Owner, identified as being a portion of the lands described in and covered by Grant 2033 to Haleluhi situated, lying and being on the westerly side of Kuakini Highway at Pahoehoe 1st, North Kona, Island and County of Hawai`i, State of Hawaii, Lot B, Parcel 2, containing an area of 2.710 acres as more specifically delineated on the attached map, and identified as a portion of Tax Map Key (3) 7 -7 -008 -114. 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 Public Works; (3) Corporation Counsel Lincoln Ashida; (4) Finance Director Nancy Crawford; and (5) Mr. Robert Noboru Iwamoto, Jr., c/o Roberts Hawai`i, 680 Iwilei Street, Suite 700, Honolulu, Hawai`i 96817. 2 Dated at Kona , Hawai`i, this 19th day of October INTRODUCED BY: , 2011. COUNCIL ME ER, COUNTY OF HAWAII Date of Introduction: October 5, 2011 Date of 1st Reading: October 5, 2011 Date of 2nd Reading: October 19, 2011 Effective Date: October 19, 2011 COUNTY COUNCIL County of Hawaii Hilo, Hawai`i I 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, 2011 ATTEST: OUNTY CLERK Jw CHAIRPERSON & PRESIDIN CER 3 ROLL CALL VOTE Reference: C- 358/PWPTc -44 RESOLUTION NO. 150 11 AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X PILAGO X SMART X YAGONG X YOSHIMOTO X 8 0 0 Reference: C- 358/PWPTc -44 RESOLUTION NO. 150 11 LOT 28 LOT A TN*: (3) 7 -7 -008: 020 LOT 29 154'26'11' 176.96 251'24'11' W 91. 214.77 66.55 65.27 78'06.01' 131.82 PARCEL 1 Notes: 263'5756• PARCEL 3 310.77 266'11'11' 59.84 LOT 5 266'52'11' 81.86 PARCEL 2 AREA - 2.710 Acs. A Jl , J Jl J 15 r" ' N i R A - -'Y -28000 -35737555' 111.73 445.60 8424.78 S. gg((11669.69 7lNIELO' C. P J! Jl J I Jl J II A./• 36.28 a 0 76'04'08' A P_ 3 o 3 U a I- E LOT B Tmk: (3) 7 -7 -008: 714 OWNER: ROBERT NOBORU IWAMOTO JR A H 1 LOT A -1 1810 (3) 7 -7 -008: 120 1. Remaining areas are approximate only. The approximate areas were otained from transposing compiled data ( ".e.. R/W Mop, Tor Mop, etc.) and adopting areas designated on the To Mops. REMAINING AREA 4.119 Am H U �i 1Y6n�p ;4� k 2 I Orr 0 2724" I EASEMENT '1' 7'1678 244'11'71" 25.00 74'08'15.45'__'~ 240.33___ 64'15'11' 63. 711.06 354'01'19.9" 15.00 l I I U H 310 VEHICULAR ACCESS' PLANTING SCREEN EASEMENT 189'11'71' 35. R -25.00 1661 ■ ■ COUNTY OF HAWAII DEPARTMENT OF PUBLIC WORKS e ENGINEERING DIVISION RIGHT -OF -WAY MAP LAALOA AVENUE EXTENSION PROJECT NO. PARCEL 2 BEING A PORTION OF GRANT 2033 TO HALELUHI PAHOEHOE 1ST, NORTH KONA, ISLAND OF HAWAII, HAWAII TMK: (3) 7 -7 -008: 114 SUBMITTED BY.: ENGINEERING DIVISION CHIEF DATE: J A J APPROVED BY: DATE: GRAPHIC SCALE 80 0 40 80 180 ( IN FEET ) 1 inch = 80 ft. DIRECTOR, DEPARTMENT OF PUBLIC WORKS This work was prepared by me or under my direct supervision. PRELIMINARY SUBJECT TO CHANGE Licensed Professional Land Surveyor Certificate Number 5075 NOVEMBER 10, 2010 JOB NO.: 4551 -1 I I ' X 17' - 1.30 Sq. Ft. TOWILL SHIGEOKA & ASSOCIATES, INC. LAND SURVEYORS 2153 N. KING STREET SUITE 306 HONOLULU, HAWAII 96819 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 150-11 RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, TAX MAP KEY: (3)7-7-008-114 (PORTION), SITUATED AT PAHOEHOE 1st, 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, Robert Noboru Iwamoto, Jr., (hereinafter "Owner"), is the owner of real property situated at Pahoehoe 1st, District of North Kona, County and State of Hawai`i, identified as Tax Map Key Number (3)7-7-008-114; 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 Owner, identified as being a portion of the lands described in and covered by Grant 2033 to Haleluhi situated, lying and being on the westerly side of Kuakini Highway at Pahoehoe North Kona, Island and County of Hawai`i, State of Hawai`i, Lot B, Parcel 2, containing an area of 2.710 acres 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 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: for roadway purposes to take, acquire and condemn that certain private property owned by Owner, identified as being a portion of the lands described in and covered by Grant 2033 to Haleluhi situated, lying and being on the westerly side of Kuakini Highway at Pahoehoe 1s`, North Kona, Island and County of Hawai`i, State of Hawai`i, Lot B, Parcel 2, containing an area of 2.710 acres as more specifically delineated on the attached map, and identified as a portion of Tax Map Key (3)7-7-008-114. 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 Public Works; (3) Corporation Counsel Lincoln Ashida; (4) Finance Director Nancy Crawford; and (5) Mr. Robert Noboru Iwamoto, Jr., c/o Roberts Hawai`i, 680 Iwilei Street, Suite 700, Honolulu, Hawai`i 96817. 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. // 1/ . amae K. K. Kawauchi ounty Clerk County of Hawaii (Note: The map is on file at the Office of the County Clerk for inspection.) Hawaii County is an Equal Opportunity Provider and Lmplover (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 H I LO State of Hawaii. 2. That the " COUNTY OF HAWAII STATE OF HAWAI I RESOLUTION NO. 150-11. . .etc. , If 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.). 38040r1 cleciy• s Subscribed and sworn to before me this 21st day of October, 2011 . SHARON H. P. OGATA Notary Public, Third Circuit, State of Hawaii My commission expires October I, 2012 Page(s): 1 - 4041'St Je(1o100:Ple.4914 eurcI$li.I,I H 416v'0a£) JeAoldw3 pus JapA00Jd AllunPoddO lenb3 ue si Aluno0 i,ieMeH (uoligedsul 10;Vi0 3 Alum*ey;;0 opal°au;;e el;uo s!dew mu :etoN) I,IBMOH;0 A;unoO >pe1O A1unoo 14041eMe)1.N•X eswer •OUON :03S1 10X3 •L-epem JegweW ilouno0 :iN3S6t/ 'aUON :S30N; '8-Bu06eA Jisy0 pus`olOWlyS0A'PEWS'06811d • .l4s!u0`uUeW;;OH''PJod'selg eiegwe i 113uno0 :S3AV :awn pesnox3/;uesgy/ON, /ally 6u!MOl1O;941 A4,'L LOZ'S jegoio0 ue Play Bupeew Si!;e!,!emBH;0 Auno0 014110 l ouno0 eta Aq Bulpsaa ;SA; uo passed App SIM uolinlosea Bul060Jo;ay;ley;AdIi±130 A63IBH i. JegweW if0U000 g 04'4 :Aq ppee npaw '11.896 1emSH nlnIOUGH'00L e%KElu '101048 l IIMI 089!,lemeH spegoa 0/3..JI''010WeMl nJOgoN pegoil JW(g)Pus:pioime30 AoueN epueul (p):splysy town lesun00 uolieiodio9(6) S11/OM oggnd;01U°wllede0 eta ():L1eMeH;o Awno3 841;0 JoAeyy'loueM UIOIMIAAelgBJOUGH 041(0 04 uollnloSeJ s!yl;0 seld0o Iltut010.11 01 PeineJ!P sl 6!BMBH 40 Aluno°841 to 11.1,810 041;WB4i 0 AlOS3li AllVNId 11 38. 'pelnoesoid em s6ulpeeooiyons y3lLM alo;eq unoo eu1< ;0 pmoidds 841 gum eouepI00gs Ul patuef tes;0 awe;eleIi06au o1 peaaModwe pus p.m/own Agereq Si pus eq lesuno0 uono.odid0'eyl`uleuaop lueulwe u!s6ulpeeooid ples;0 sseotud 9414 1841 1,1VMVH 30 A.Nf100 3H1,d0lION(100 3H1 AS 03A10S311 H3HIHf111138 oid eleApd plesaJO;e ay;;o uoeeuwepueo pusuoelslnboe'6uplel e44.10j,'Mel Aq pep!AOJd se'ulewOp;UOUlwe u!s6U!peeo0Jd 040!1!u!04 Pei0Stodwe pus pezpoylne Ageieq SI pue eq l;reMOH to A;un00 041 40 IesunoO uol;oJodJo 0411041 l,!VMVH dO AiNl00 3Hl 30.1ION1100 3H1 AS 03A10$3a Iiklh 3HJ3 11 38 44;,8pp L-L E)Ae)1 deo;nip uowod a se pe;lluopl pue'dew e 041 u0 peleeullep AlleoW3eds slow se SaJ3e 01.L7;o eaae us 6ululsiuoo Z!awed '8491'l,lsmeH;O 04B4S'l,18Mg}l ;0 Atuno0 Pus Pulls!'euo}l 4poN'1s L a0ysolled le ASMy61H we* ow AIJeiseM sy;uo Buleq pus bulA1'P®;enlls lynlelsH of esoz iusi'J Aq pale/too pus P011posep spuel 041;0 u0!P0d a 6Uleq'se PeuIluepl`JeUMO Aq peuMO A4JedoJd elenudulepe° gall uwepUOO pue annb3e`e si Oi sesodind AeMpepJ Jo; :8M of'esodind pus esn ollgnd eqi 10;klesseoeu s!;!1841 LIVMVH 30 JlLNf100 3H1 10110Nl00 3H1 Afl 0j3A10S3E1 1139, 7lloun00 Aunoo 041;0 uollnloseJ a Aq pezIJO4ine eq;snw!,!BMOH;O A4U4109 0141 Aq uopas uopeUWOpuoo a 10141 s0JlnbeJ sein4111S POSIAea l,IBMBH 044 40 St-401.u014008'SV3lJ3HM pus:s;uewenOJO 841 eleldwoo 0;'SJBMOd UO!WuWepuOO Si!a)IOAUI I,IOMO I;o Aiun00 0141;ey;6upmbeJ'Au lbw Peg!JOsep°nogg ew ailnboe 01 l,1emBH;0 AiUnOO ay;Jo;fuesseOeU s!4F'SV3I13HM pue:!;lemsH;0 A;unoOey;slieueq yOlyM Gen pue esodind ollgnd a Jo;;ueueq leuol6e.!a epinoid(I[M slueweAoidwl ay}'SV3aa3HM pue:dew pey0eile au;uo UMOys se s0J30 0 LL'Z;o ewe us 6ululeWO0 't 1e08d'8 4O1'!,!SmeH;o"eWBlS'6tBMBH;o Iguno3 pue pus)sl'euO)i 1-111ON'WI.004004e0 le AiSMAIDIH luPlenN;0 epls AlielseM ey;uo 64.1194 pus BuIA!'Pewnlls!yn1018H 01 co SZ iuelp A pbwnoo pus u!pequosep"spue!8411 'uofJOd a Bu!eq Se pe;l;uep! JeuMO Aq peuMO Aped etl4}o uollJOd a;0 Xuno0 eyl Aq uOlilslnbOS ay;eJ!nbei p!M s;uewenoJdwl e441'SV31:13HM Pus:(,s;ueweAOJdWI„)Aemy6!H iuPISnN of enuanV 5010;8-1” ;o uoisue;xe AeMpsoi a 6U110ni3suoo eq OM(Aluno9.)l,lsMOH;0 A;uno9 alp'SV3d3HM- pue‘.17i.L 800-4 L(£)JegwnN .°N devil xel se PeWlU0P!'l,lemeH;o ems glue AiunoD'euo)!1.11.10N to loins!°`1SL e0ye0yed IS Peilfl� Aylodclid le0J;o Jeumo ay;s!'(„Jeumo„Jeueuleley)"r'010weMl niogoN 1.1eg0y'SV383HM :I,IVMVH.f0'AINl00 3H130110Nl00 3H1 AS 03A10S3li 1139 , 1031'0U4 R 31X3 3f1N3AV VO1V.V13H1 d0.3'I IVMVH 10 31V1S 0NV AINl00 VNON H1FiON40 a &SIC'1$L 30H3OHVd1V(331Vf111S%' Od)PGL-800-L-L(C)A3){dVW XVI'NIV,s W3 AS Ald3dOHd•3IVA}fIad 40 NOWS1110OV 3H1 9NIZIUGH1f1V N011flls ' LI. , AFFIDAVIT OF PUBLICATION State of Hawaii ) ) SS: County of Hawaii ) M. 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 HAWAI'I STATE OF HAWAII RESOLUTION NO. 150- 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 1 $3t : - - - 8 Y ==. p Notary Public, Third Circ ry s ul*: N0.11-188 :* State of Hawaii • Punic Is '�y,'p�,•. ••' q�OFHPy�P�� Henriann P. Kahananui �� My Commission expires: June 6, 2015 Page(s): 1 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO.150-ri RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN,TAX MAP KEY:(3)7-7-008- 114(PORTION),SITUATED AT PAHOEHOE 1st,DISTRICT OF NORTH KONA,COUNTY AND STATE OF HAWAII,FOR THE LAALOA AVENUE EXTENSION PROJECT. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF Ht(WAI'I: WHEREAS,Robert Noboru Iwamoto,Jr.,(hereinafter"Owner"), is the owner of real property situated at Pahoehoe 1st,District of North Kona,County and State of Hawaii,identified as Tax Map Key Number(3)7-7-008-114;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 Owner,identified as being a portion of the lands described in and covered by Grant 2033 to Haleluhi situated,lying and being on the westerly side of Kuakini Highway at Pahoehoe 1st,North Kona,Island and County of Hawaii,State of Hawaii,Lot B,Parcel 2,containing an area of 2.710 acres 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 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 Owner,identified as being a portion of the lands described in and covered by Grant 2033 to Haleluhi situated,lying and being on the westerly side of Kuakini Highway at Pahoehoe 1st,North Kona,Island and County of Hawaii,State of Hawaii,Lot B, Parcel 2,containing an area of 2.710 acres as more specifically delineated on the attached map,and identified as a portion of Tax Map Key(3)7-7-008-114. 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 authorised 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 Hawaii 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)Mr.Robert Noboru Iwamoto,Jr.,do Roberts Hawaii,680 Iwilei Street, Suite 700,Honolulu,Hawaii 96817. 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 Hawaii 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. EXCUSE D: 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.) Hawai`i County is an Equal Opportunity Provider and Employer (No.49728-West Hawaii Today:October 15,2011)'