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Home My WebLink AboutRES 063 Draft 01 2012-2014COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 63 13 RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, TAX MAP KEY: (3) 2-2-014-010:0057 (POR.), SUITE 229, SITUATED AT HILO LAGOON CENTRE, FOR THE DEPARTMENT OF LIQUOR CONTROL RESTORATION PROJECT. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, the Department of Liquor Control, County of Hawaii ("Department"), as part of its restoration project, will be making improvements to its office at the Hilo Lagoon Centre and said improvements will require the acquisition of additional space abutting it to enlarge and relocate the Liquor Commission Conference Room to meet Americans with Disabilities Act (ADA) requirements that are required with any improvements to the facility and to better accommodate the meetings of the Liquor Commission, the Liquor Control Adjudication Board, the officers and employees of the Department; and WHEREAS, this conference room is used not only by the Department of Liquor Control and its respective board and commission, but by many of the other boards and commissions of the various County Departments for their respective meetings; and WHEREAS, the improvements will require the acquisition by the Department of currently vacant property owned by Alvin M. Inoue, Sharon K. Scheele and Della E. Yamashiro, flea Della E. Allison, identified as being the entire Suite 229 located on the second floor (or lobby level) of the Hilo Lagoon Centre, a portion of Tax Map Key: (3) 2-2-014-010:0057, adjacent to the current Department of Liquor Control Conference Room, containing an area of 1,917 square feet, and more specifically delineated on Exhibit "A," attached hereto, referred to as Suite 229; and WHEREAS, it is necessary for the public use and purpose, to wit: to meet current Americans with Disabilities Act requirements and to increase the conference room area to take, acquire and condemn Suite 229, as described above, in order to complete the Department's proposed improvements; 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. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is necessary for the public use and purpose, to wit: the improvements of the office of the Department of Liquor Control at the Hilo Lagoon Centre, to take, acquire and condemn that certain private property identified as Tax Map Key: (3) 2-2-014:010:0057 (por.), containing an area of 1,917 square feet, and delineated on Exhibit "A" attached hereto, referred to as Suite 229, for the purposes of meeting Americans with Disabilities Act (ADA) requirements and increase of the conference room area. 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 in accordance with the approval of the court before which such proceedings are prosecuted, or take any further actions necessary to secure access to the aforesaid private property, and is further requested to transmit written notification to the Council when the County has acquired Suite 229. 2 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 P. Kenoi, Mayor of the County of Hawaii; (2) the Department of Liquor Control; (3) Senior Deputy Corporation Counsel Joseph K. Kamelamela; (4) the Finance Director; and (5) Alvin M. Inoue, Sharon K. Scheele and Della E. Yamashiro, flea Della E. Allison, c/o Inoue Hawaii Realty Corp 101 Aupuni Street, Suite 1001, Hilo, Hawaii 96720. Dated at Kona , Hawai`i, this 28th day of March , 2013. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Date of Introduction Date of 1 st Reading: Date of 2nd Reading: Publication: Effective Date: March 13, 2013 March 13, 2013 March 28, 2013 March 23, 2013 March 28, 2013 COUNTY COUNCIL County of Hawaii Hilo, Hawaii 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 March 28, 2013 a � COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER 3 ROLL CALL VOTE Reference:_ C-139/ Waived FC RESOLUTION NO. 6343 AYES NOES ABS EX EOFF X FORD ILAGAN KANUHA X KERN X ONISHI POINDEXTER WILLE YOSHIMOTO X Reference:_ C-139/ Waived FC RESOLUTION NO. 6343 U 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 HAWAI' I RESOLUTION NO. 63- 13 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) March 23, 2013 (etc.) Subscribed and sworn to before me This 25th day of March, 2013 Notary Public, Third Circuit, State of Hawaii Henriann P. Kahananui My Commission expires: June 6, 2015 # Page(s): 1 0 z 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. 63-13 ... etc. i of which a clipping from the newspaper as published is attached hereto, was pub- lished in said newspaper on the following date(s) March 23, 2013 , (etc.). 55821rl r l Subscribed and sworn to before me this 2nd day of April, 2013 SHARON H. P. OGATA (Votary Public, Third Circuit, State of Hawaii My commission expires October 1, 2016 Page(s): 1 COUNTY OF HAWAII STATE OF HAWAI'I RESOLUTION NO. 63-13 RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, TAX MAP KEY: (3)2-2-014-010:0057 (POR.), SUITE 229, SITUATED AT HILO LAGOON CENTRE, FOR THE DEPARTMENT OF LIQUOR CONTROL RESTORATION PROJECT. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, the Department of Liquor Control, County of Hawai'i ("Department"), as part of its restoration project, will be making improvements to its office at the Hilo Lagoon Centre and said improvements will require the acquisition of additional space abutting it to enlarge and relocate the Liquor Commission Conference Room to meet Americans with Disabilities Act (ADA) requirements that are required with any improvements to the facility and to better accommodate the meetings of the Liquor Commission, the Liquor Control Adjudication Board, the officers and employees of the Department; and WHEREAS, this conference room is used not only.by the Department of Liquor Control and its respective board and commission, but by many of the other boards and commissions of the various County Departments for their respective meetings; and WHEREAS, the improvements will require the acquisition by the Department of currently vacant property owned by Alvin M. Inoue, Sharon K. Scheele and Della E. Yamashiro; fka Della E. Allison, identified as being the entire Suite 229 located on the' second floor (or lobby level) of the Hilo Lagoon Centre, a portion of Tax Map Key: (3)2-2-014-010:0057, adjacent to the current Department of Liquor Control Conference Room, containing an area of 1,917 square feet, and more specifically delineated on Exhibit A," attached hereto, referred to as Suite 229; and WHEREAS, it is necessary for the public use and purpose, to wit: to meet current Americans with Disabilities Act requirements and to increase the conference room area to take, acquire and ' condemn Suite 229, as described above, in order to complete the Department's proposed improvements; and WHEREAS, Section 101-13 of the Hawai'i Revised Statutes requires that a condemnation action'by the County 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: the improvements of the office of the Department of Liquor Control at the Hilo Lagoon Centre, to take, acquire and condemn that certain private property identified as Tax Map. Key: (3)2-2-014:010:0057 (per.), containing an area of 1,917 square feet, and delineated on Exhibit t1 attached hereto, referred to as Suite 229, for the purposes of meeting Americans with Disabilities Act (ADA) requirements and increase of the conference room area. 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 in accordance with the approval of the court before whicli such proceedings are prosecuted, or take any further actions necessary to secure access to the aforesaid private property, and is further requested to transmit written notification to the Council when the County has acquired Suite 229. 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 P. Kenoi, Mayor of the County of Hawai'i; (2) the Ddpartment of Liquor Control; (3) Senior Deputy Corporation Counsel Joseph K. Kamelamela; (4) the Finance Director; and (5) Alvin M. Inoue, Sharon K. Scheele and Della E. Yamashiro, fka Della E. Allison, c/o Inoue Hawai'i Realty Corp 101 Aupuni Street, Suite 1001, Hilo, Hawaii 96720. . Introduced by: Valerie T. Poindexter 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 March 13, 2013, by the following Aye/No/Absent/ Excused vote: AYES: Council Members Eoff„ Nord, Dagan, Kanuha, Kern, Onishi, Poindexter, Wille, and Chair Yoshimoto —.9. NOES: None. ABSENT: • None. EXCUSED: None. Stewart Maeda County Clerk County of Hawaii (Note: Exhibit A" is on file at the Office of the County Clerk for inspection.) Hawai.`i. County is an Equal Opportunity,Prouider and Employer (No. 73494 West Hawaii Today — March 23, 2013) COUNTY. OF HAWAII STATE OF HAWAII RaOLUTIVN NO. 63-13 RESOLUTION THE ACOF PROPERTY BY EMINENTNDOMAIN, TAXISMAP KEY: PRIVATEITION (3)2-2- 014-010:0057 (POR.); SUITE 229, SITUATED AT HILO LAGOON CENTRE,. FOR THE DEPARTMENT OF LIQUOR' CONTROL RESTORATION PROJECT. ' BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, the Department of Liquor Control, County of Hawai'i ("Department'), as part of its restoration project, will be making improvements to its office at the Hilo Lagoon Centre and said improvements will require the acquisition of additional space abutting itto enlarge and relocatethe Liquor Commission Conference Room to meet Americans with, Disabilities Act (ADA) requirements that are required with any improvements to the facility and to better accommodate the meetings of the Liquor Commission, the Liquor Control Adjudication Board, the officers and employees of the Department; and WHEREAS, this conference room is used not only by the Department of Liquor Control and its respective board and commission, but by many of the other boards and commissions of the various County Departments for their respective meetings; and WHEREAS, the improvements will require the acquisition by the Department of currently vacant property owned by Alvin M. Inoue, Sharon K. Scheele and Della E. Yamashiro, fka Della E. Allison, identified as being the entire Suite 229 located on the second floor (or lobby level) of the Hilo Lagoon Centre, a portion of Tax Map Key: (3)2-2-014-010:0057, adjacent to the current Department of Liquor Control Conference Room, containing an area of 1,917 square feet, and more specifically delineated on Exhibit 'A" attached hereto, referred to as Suite 229; and WHEREAS, it is necessary for the public use and purpose, to wit: to meet current Americans with Disabilities Act requirements and to increase the Conference room area to take, acquire and condemn Suite 229, as described above, in order to complete the Department's proposed improvements; 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. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is necessary for the public use and purpose, to wit: the improvements of the office of the Department of Liquor Control at the Hilo Lagoon Centre, to take, acquire and condemn that certain private property identified as Tax Map Key: (3)2-2-014:010:0057 (por.), containing an area of 1,917 square feet, and delineated on Exhibit 'W' attached hereto, referred to as Suite 229, for the purposes of 'meeting Americans with Disabilities Act .(ADA) requirements and increase of the conference room area. BE IT FURTHER RESOLVED 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 bylaw, 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 in accordance with the approval of the court before which such proceedings are prosecuted, or take any further actions necessary to secure access to the aforesaid private property, ntfurther requested written notification heCunwheheCouty has acquired Suite 229. 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 P. Kenoi, Mayor of the County of Hawai'i; (2) the Department of Liquor Control; (3) Senior Deputy Corporation Counsel Joseph K. Kamelamela; (4) the Finance Director; and (5) Alvin M. Inoue, Sharon K. Scheele -and Della E. Yamashiro, fka Della E. Allison, c/o Inoue Hawai'i Realty Corp 101 Aupuni Street, Suite 1001, Hilo, Hawa'i'i 96720. Introduced by: Valerie T. Poindexter - Council Member I HEREBY CERTIFY that the foregoing resolution was duly passed on first reading by the Council of the County of Hawai' =at its meeting held on March 13; 2013; -by the following-Ayei No/Absent/Excused vote: AYES: Council Members Eoff, Ford, Ila an, Kanuha, Kern Onishi, Poindexter, Wille, and Chair Yoshimoto-9 NOES: None. ABSENT: None. EXCUSED: None.. Stewart Maeda County Clerk County of Hawai'i (Note: Exhibit 'W' is on file at the Office of the County Clerl for inspection.) Hawaii County is an Equal Opportunity Provider and Employei (55821r1 Hawaii Tribune -Herald: March 23, 2013)