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Home My WebLink AboutRES 117 Draft 01 2014-2016COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. A RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, TAX MAP KEY: (3) 2-4-057-024 (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 (hereinafter "Owners"), are the owners of real property situated at Waiakea, Hawaii, identified as Tax Map Key Number (3) 2-4-057-024 ("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 portion of The Property owned by Owners, identified as being a portion of the lands described in and covered by Land Patent Grant Number 12,138, to Katsumi Yamamoto, situated, lying and being at the east corner of Lanikaula and Kapi`olani Street, at Waiakea, South Hilo, Island and County of Hawaii, State of Hawaii, being Lot A-2, containing an area of 156 square feet, as described in Exhibit "I", and delineated in the attached Exhibit "2"; and WHEREAS, the Improvements will also 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 "3"; 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 real property and 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 that certain private property owned by Owners, identified as being a portion of the lands described in and covered by Land Patent Grant Number 12,13 8, to Katsumi Yamamoto situated, lying and being at the east corner of Lanikaula and Kapi`olani Street, at Waiakea, South Hilo, Island and County of Hawaii, State of Hawaii, being Lot A-2, and containing an area of 156 square feet, as described in Exhibit "1", and delineated in the attached Exhibit "2" as well as a Temporary Construction Easement for construction and grading purposes over a portion of The Property as delineated in the attached Exhibit "3". 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 2 of settlement in accordance with the approval of the court before which such proceedings are prosecuted. 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 P. 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; and Andrew Shigeru Talbot, 7550 St. Patrick Way #244, Dublin, CA 94568. Dated at Kona Date of Introduction: April 1, Date of 1st Reading: April 1, Date of 2nd Reading: April 15, Publication: April 11, 2015 Effective Date: April 15, 2015 COUNTY COUNCIL County of Hawaii Hilo, Hawaii Hawaii, this 15th day of April , 2015. 2015 INTRODUCED BY: 2015 2015 COUNCIL MEMBER, TY OF HAWAII I hereby ccrtify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on —April 15, 2015 ATTEST i i COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER ROLL CALL VOTE Reference: C-192/Waived FC RESOLUTION NO. 117 15 AYES NOES ABS EX CHUNG X DAVID X EOFF X ILAGAN X KANUHA ONISHI X PALEKA X POINDEXTER X WILLE X 8 0 1 0 Reference: C-192/Waived FC RESOLUTION NO. 117 15 LOT A-2 LAND SITUATED AT WAIAKEA, SOUTH HILO, ISLAND OF HAWAII, HAWAII. Being a portion of Grant 12,138 to Katsumi Yamamoto. Being also a portion of Lot A. Beginning at the northeast corner of this parcel of land, being also the northwest corner of Lot A-1 and on the southeasterly side of W. Lanikaula Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI", being 4,391.02 feet South and 5,928.00 feet East, thence running by azimuths measured clockwise from true South: Along the remainder of Grant 12,138 to Katsumi Yamamoto (Lot A-1) on a curve to the left with a radius of 27.00 feet, the chord azimuth and distance being: 130 10' 38.18 feet; 2. 148° 10' 27.00 feet along Kapiolani Street; 3. 2380 10' 27.00 feet along W. Lanikaula Street to the point of beginning and containing an area of 156 A. Sf1e�C Square Feet. �P LICENSED PROFESSIONAL LAND Wayne. ubica, Jr. SURVUYUR No. 13717 Licens rofessional Land Surveyor y. p,. Certificate No. 13717 Exp. April 2016 Tax Map Key: 3rd Div. 2-4-057:024 Lot A-2 Page 1 of 1 EXHIBIT "1" DATE DIVISION CHIEF LAND SITUATED AT WAIAKEA, SOUTH HILO. APPROVED BY: ISLAND OF HAWAII, HAWAII DIRECTOR Tax Map Key: 3rd Div. 24057: 024 Job No, 11-27 BEING A PORTION OF GRANT 12,138 TO KATSUMI YAMAMOTO. BEING ALSO LOT A. DATE PLAN BY: CKM DRAWN BY: BJM DATE: 10117113 EXHIBIT "2" W. Lanikaufa Street To Kinoole St 4,391.02 S ,e.c , 4x. LOT A-2 5,928.00 E ore "HALAI",& 156 SQ. FT. i 238' 10' ---- 126.04 �c 27.00 99.04 04 c a LOT A-1 >° 27.00 17,380 SQ. FT. M TMK 3rd Div. 2-4-057:024 Terence Shigeru Yamamoto •�+ QL YJ .� Q -C caY 58.10' -- 126.0.4 LOT B W A I A K E A CANE LOTS } A SVB� This work was prepared by me or u or my supervisio �P LICENSED 9 PROFESSIONAL LAND * SURVEYOR - OWNER: doTerrenooShigeruYamamoto No. 13717 ayns ubissi Jr. Ltcens . Professional Land S eyor 2527 Rainbow Drive 2527 Rainbow bawa0 �'�9 5P Certifi ate Number 13717 98822 HonoWAI1 � 11 Expires: April 30, 2016 ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII KAPIOLANI STREET EXTENSION PROJECT SUBMRTED BY: JOB NO. E4039 SUBDIVISION OF LOT A INTO LOTS A-1 AND A-2 DATE DIVISION CHIEF LAND SITUATED AT WAIAKEA, SOUTH HILO. APPROVED BY: ISLAND OF HAWAII, HAWAII DIRECTOR Tax Map Key: 3rd Div. 24057: 024 Job No, 11-27 BEING A PORTION OF GRANT 12,138 TO KATSUMI YAMAMOTO. BEING ALSO LOT A. DATE PLAN BY: CKM DRAWN BY: BJM DATE: 10117113 EXHIBIT "2" 4S57 Ir '4S juejoffley 01 06, oc- CZ-0 WS 99S *7*n 00+99 *e4S � VS 21n2VUL7 'M EXHIBIT 64319 LU LLJ .2 160 z, 00 zi CZ + Co (N Ln CL Cz (", I Lu U -i (n rs Z,. 6 Q- C3 cr (ri ad CIO U -j 7,QZ 'Q(o N CZ� Cr cri tl X X 4S57 Ir '4S juejoffley 01 06, oc- CZ-0 WS 99S *7*n 00+99 *e4S � VS 21n2VUL7 'M EXHIBIT 64319 LLJ .2 160 CY') ZZ 00 zi CZ + Co (N I CL Cz (", I Z3 cz co (n rs Z,. 6 Q- C3 cr (ri ad CIO 'Q(o N 4S57 Ir '4S juejoffley 01 06, oc- CZ-0 WS 99S *7*n 00+99 *e4S � VS 21n2VUL7 'M EXHIBIT 64319