HomeMy WebLinkAboutREP PWPC 084 06/20/2000 1998-2000 REPORT OF THE
COMMITTEE ON PUBLIC WORKS AND PARKS
DATE: June 20, 2000 RE: COMM. NO. 798/ RESOLUTION N0.266- 00
PLACE: Councilroom
TIME.: 9:10 a.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Public Works and Parks, to which was referred Communication No. 798,
and attached Resolution No. 266-00 reports as follows:
The purpose of Resolution No. 266-00 is to authorize the County, pursuant to 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.
Pursuant to Resolution No. 244-98 dated April 1, 1998, Oceanside and the County of Hawaii entered
into a development agreement, the terms and conditions of which will require Oceanside to provide
certain public and other improvements, including the design, construction and development of a road
intended to by pass Mamalahoa Highway in the approximate vicinity between Keauhou and Captain
Cook, Kona; said road being planned to consist of two lanes and a sufficient right-of--way for
expansion to four lanes. The bypass highway has been determined by the County of Hawaii as
providing a regional public purpose which will benefit the County of Hawaii. The development
agreement provides that if one of the owners across whose property the bypass highway is planned to
traverse fails to mutually agree with Oceanside with respect to the purchase price or "the terms of the
purchase," the condemnation powers of the County of Hawaii shall be used to acquire that particular
segment with Oceanside reimbursing the county of Hawaii for any costs to acquire it.
The alignment of the bypass highway will traverse a portion of the property identified as Tax Map
Key No. (3) 8-I-007:045, situate at Onouli 2 and Keopuka, South Kona, County and State of Hawaii,
for the development and construction of a bypass highway between the vicinity of Keauhou and
Captain Cook, Kona, Hawaii. The properly is owned by Robert Nigel Richards, Trustee under the
Marilyn Sue Wilson Trust, as to an undivided 25% interest, and Trustee under the Joan Elizabeth
Coupe Trust as to an undivided 25% interest; Charles William Coupe and Joan Elizabeth Coupe as to
an undivided 3% interest, Miles Hugh Wilson as to an undivided 3% interest, and Joan coupe, Trustee
under Revocable Trust of Joan coupe as to an undivided 44% interest.
The County of Hawaii finds that it is necessary for the public use and purpose, to wit: the
construction and development of a road intended to bypass Mamalahoa Highway, to acquire and
condemn a portion of that certain private property, pursuant to the development agreement with
Oceanside.
Communication No. 798 is from Deputy Corporation Counsel Gerald Takase, dated May 24,
2000, transmitting Resolution No. 266-00, for the Council's review and consideration.
Committee on Public Works & Parks
June 20, 2000
Communication No. 798, Resolution No. 266-00
Page 2 of 2
Council Member J. Curtis Tyler voted kanalua times two.
Your Committee is in accord with the purpose and intent of Resolution No. 266-OQ, and
recommends that it pass first reading.
la
AYES NOES A&E EX Respectfully submitted
YAGONG X
ELARIONOFF X CO MITTEE ON PUBLIC WORKS & PARKS
CHUNG X
JACOBSON X ~
LEITHEAD-TODD X
PISICCHIO X DOMINIC YAGON C A
SMITH X
TYLER x PWPC REPORT O. 34
ARAKAKI E. O. M. ADOPTED: o~ Q