The URL can be used to link to this page

Home My WebLink AboutRES 145 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII w~ RESOLUTION NO ~.45 99 PROVIDING FOR THE ACQUISITION OF PRIVATE PROPERTY, BEING TAX MAP KEY NO. (3)8-1-009:009, SITUATE AT KAAWALOA, 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. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, 1250 Oceanside Partners, a Hawaii limited partnership, dba Oceanside 1250 (Oceanside) is the owner in fee simple and lessee of certain lands situated in North and South Kona, Hawaii, identified as Tax Map Key Nos. (3)7-9-012:003, 7-9-012:004, 7-9-012:011 and 8-1-004:003 (portion); and WHEREAS, Oceanside plans to develop the above-mentioned properties into an agricultural lot community and its components, including a lodge, golf course, golf club house and coastline pazk; and WHEREAS, pursuant to Resolution No. 244-98 dated Apri] 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 bypass 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; and WHEREAS, the bypass highway has been determined by the County of Hawaii as providing a regional public purpose which will benefit the County of Hawaii; and WHEREAS, 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 particulaz segment with Oceanside reimbursing the County of Hawaii for any costs to acquire; and WHEREAS, the alignment of the bypass highway will traverse property identified as Tax Map Key No. (3)8-1-009:009, more particularly described in Exhibit "A" and delineated on Exhibit "B" attached hereto; and WHEREAS, Oceanside has been unable to voluntarily acquire the necessary right-of--way, requiring that the County invoke its condemnation powers in acquiring the above-mentioned private property to complete the bypass highway; 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. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF 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 in the approximate vicinity between Keauhou and Captain Cook, Kona, to acquire and condemn that certain private property identified as Tax Map Key No. (3)8-1-009:009, described in Exhibit "A" and delineated on Exhibit "B" attached hereto, pursuant to the development agreement with Oceanside.. 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, subject to the approval of the court before which such proceedings are prosecuted. BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii is directed to transmit copies of this resolution to (1) John R. Dwyer, Jr., Esq., 1800 Pioneer Plaza, 900 Fort Street Mall, Honolulu, Hawaii 96813; (2) the Honorable Stephen K. Yamashiro, Mayor of the County of Hawaii, (3) the Department of Public Works, and (4) the Office of the Corporation Counsel. DATED: Hilo, Hawaii, IN DUCED BY: I COUNCIL MEMB OF Hawaii Date of Introduction Date of Publication Date of 2nd Reading COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI I hereby certify that the foregoing RESOLUTION was by the CHUNG vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF the County of Hawaii on IACOBSON LEITHEAD-TODD ATTEST: PISICCHIO SMITH TYLER YAGONG C-452/PW&PC Reference COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 1.4rJ 99 I .;+:;N ,t,~a - /[J/~ i • C4 'y ~ II\ ~ w... ` F~l `~`JI~, _N IC.byy OK ~k i~ ry A r t}T`.. M lY YY.VV.. -laMp.L._ p\~+ f ' n • . ' a;~;y~; _ _ K e~~• ~ o'er U A. O "-4, U ' G E ;L 2 A L I'L ~ G S O N ° L .A V 't ' 2000 PCPT 1 A' Q' A ~ l~ N 1~ ~ ~ 1,1 / . T>s.~ , O / Via, I rj QI ~1n~,r~a~N, 3 ~ 1, s ',,w ~1~ m \ r ~i~y a 1 0 1 a,Zo;.C'y ~ V 1 1 0 ~ N Sc~dry`b rt '•U i ~S ` r•~9azo o ` ~ . 4e'Pfy_ ~ On. s 're' PiCC i., wu. \ ~ . Puu .r ~ ~ \ \ / ~ 1 I~ ~ ~ ~ °~a M4y0N T~N/'C O~PICC O• JONM O. v - KC~Y eOgCw Nn ,w~Yp~Ot O •s, • ~ ~ ~I.4,sIN6NpN INV LSTM CNT COCPOipTIOn ' SS GpPT~- p~ ~QpK~A-N~N1, N4Nd1 ~f '7~S2~. ty 4 BEAN "SHOWING '.A P r: ~ qS I TUAT [,'_p~T.~ ~K.4 AUWiA B'a0A.2 SOOU T,y ~NAOI''COFiOKAl~ :;C ~ _jT4c MJP~ kpY 4 s j, 5wie ! I .INCH 60 reel KONA,~ HAWAII OLE p.. ~ Y 2 ~.Nbrt.) RcKM 00'x... C 6. 12>~• I,:a~2!t I, "C~ J T ~~?Ibvr IDO,,,o wDOCG Ia'l.'Y 20 IDfw7; AM LN Cy[o HA~<Y Ll Oq. l M E9 ID~6 - EXHIBIT IIN,I `ti' ~/i%G D E S C R I P T I O N ~AA/ENDED~ Land situated at the interseotion of Ka watt Belt Road and the Napoopoo Road, at Kaawaloa, South Kona, Ha wait Being s portion of R, P. 7532 and 4386, L. C. Aw. 8452:1 0 to A. Keohokalole Beginning at a pipe in concrete at the southeast corner of this parcel of land, the coordinates of said paint of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 6,631.92 ,feet South and 12,084.79 feet East, and thence running by saimuths measured clockwise from true South: 1. 59' 16~ 90.94 feet along stonewall, along remainder of R, P, 7532 and 4386, L, C. Aw. 8452:10 to A, Keohokalole, to a pipe in concrete; 2. 159' 49~ 30" 85.77 feet along stonewall, along the easterly side of the Napoopoo Road, to a pipe in concrete; 3. 287' 32~ 213.00 feet along stonewall, along re meinder of R. P. 7532 and 4386, L. C. Aw. 8452110 to A. Keohokalole, to the point of beginning and containing an stet of 383 square feet. JOHN D. WEEKS Registered Land Surveyor /502 DATED: larch 31, 1965 00~ D W'.. ww~.._ ~ M::: % I R'o. , '2 ~ d'~^,I, t~ , , EXHIBIT "B"