Loading...
HomeMy WebLinkAboutRES 116 Draft 01 2014-2016COUNTY OF HAWAII RESOLUTION NO. r; ;t >� STATE OF HAWAII 11.G 15 A RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, TAX MAP KEY: (3) 2-4-057-028 (PORTION), SITUATED AT WAIAKEA, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAII, FOR THE KAPI`OLANI STREET EXTENSION PROJECT. WHEREAS, Terence Shigeru Yamamoto and Joan Kazuko Hosaka Yamamoto, husband and wife, as to an undivided 40% interest, Grant Akira Talbot, husband of Andrea Talbot, as to an undivided 20% interest, Laura Mariko Talbot, an unmarried woman, as to an undivided 20% interest, and Andrew Shigeru Talbot, an unmarried male, as to an undivided 20%, as tenants in common, are the fee simple owners and the current ground lessor under that certain Lease dated March 3, 1972 and recorded at the Bureau of Conveyances, State of Hawaii at Liber 8171, page 268, as amended, with Hawaiian View Properties, LLC as the ground lessee (hereinafter collectively the "Owners") of real property situated at Waiakea, Hawaii, identified as Tax Map Key Number (3) 2-4-057-028 ("The Property"); and WHEREAS, the County of Hawaii ("County") will be constructing a roadway extension of Kapi`olani Street to Mohouli Street ("Improvements"); and WHEREAS, the Improvements will require the acquisition by the County of a Temporary Construction Easement for construction and grading purposes over a portion of The Property as delineated in the attached Exhibit "I"; and WHEREAS, the Improvements will provide a public use and purpose which benefits the County of Hawaii; and WHEREAS, it is necessary for the County of Hawaii to acquire the above-described temporary construction easement and requires 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; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is necessary for the public use and purpose for the benefit of the County of Hawaii, to wit: for roadway purposes to take, acquire and condemn a Temporary Construction Easement for construction and grading purposes over a portion of The Property as delineated in the attached Exhibit "1". 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. 2 BE IT FINALLY RESOLVED that this resolution shall take effect upon adoption thereof and the County Clerk shall transmit copies of this resolution to (1) the Honorable William Kenoi, Mayor of the County of Hawaii; (2) the Department of Public Works; (3) Deputy Corporation Counsel Katherine A. Garson; (4) Finance Director Deanna Sako; and (5) Terrence Shigeru and Joan Kazuko Hosaka, 2527 Rainbow Drive, Honolulu, Hawaii 96822; Grant Akira Talbot, 2725 Peach Drive, Little Elm, Texas 75068; Laura Mariko Talbot, 29 Cornelia St., Apt. 1, NY, NY 10014-4184; Andrew Shigeru Talbot, 7550 St. Patrick Way #244, Dublin, CA 94568; and Hawaiian View Properties, LLC, Attn: Winfield D. Madden, Sr., Manager, P.O. Box 1178, Kailua-Kona, Hawaii 96745. Dated at Kona Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Publication: April 11, Effective Date: April Hawaii, this 15th day of April , 2015. April 1, 2015 INTRODUCED BY: April 1, 2015 April 15, 2015 2015 15, 2015 COUNCIL MEMBER, CMJfITY OF HAWAII 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 ofHawai`ion April 15, 2015 ATTEST: J� 1 COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER ROLL CALL VOTE Reference: 191 /Waived FC RESOLUTION NO. 116 15 AYES NOES ABS EX CHUNG X DAVID X EOFF X ILAGAN X KANUHA X ONISHI X PALEKA X POINDEXTER X WILLE X 8 0 1 Reference: 191 /Waived FC RESOLUTION NO. 116 15 mwwrp . 1.1 .wWvl -.:wou wvniev. no-ctoVn . amo:rt r «m . mo-• . EXHIBIT "1" Kill N o 3a � 00 y U I n k W W C C U H ¢ �m mb mU m m O. ONQ 3-T o �ma2g IiJILI� U � dy P4 mG U Um � �U �= � U am Om �,•�'�p 204 i�V �b U � mV mU c 3U� I 1 of z �K 3O �q Ll Lo N Zan SI �g I , 4•!Y S 8 a © I o � 1 99-a Ts E+ m p w �43 Wul* - uo zao aa5 �. N O U o a i W --a--- N N \ m m O k/P!61 JOduj a W'd i c i a Lu ` H I zZ'LH 'Aal3 � 06 3 roN o�d �c ti w t 0 m 3 ON3 I Q Y L� mS 1103royd v I 1 iii U gC `jp�� 42 -tz I cta3� I j 1 in E 3 1 &CE -es Y IQ e��d� =Ecoi4 3�3o b Ey ; 41 I En ti O X I n a s L frll'w N � V c H � ' SOL I 'dIQ- v) gQ.O 1 of x : AELu to zz In m � o� yqV I a�•t��4 �n i� cpv � m EY c� m.oma 3��m�a 31o $.. I g� � a 1 mo B. o $ L;. "i I o o� co ? cu•'o l o o��c�o 3,. I m Uq�m I ozhU I r M) M 18 � , 7/90q N Q' 92 •d k2` ` !E 'el I I +!E ws A y V W V I I I o ern •.. L. I 61-0 WUS WE 77N 00+IE •eFS � YS !uelolde)i mwwrp . 1.1 .wWvl -.:wou wvniev. no-ctoVn . amo:rt r «m . mo-• . EXHIBIT "1"