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Home My WebLink AboutRES 118 Draft 01 2014-2016J�SV OF N,�1 L�liyi COUNTY OF HAWAII STATE OF HAWAII ,T! OFMF'•I1 RESOLUTION NO. x-18 15 A RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, TAX MAP KEY: (3) 2-4-015-029 (PORTION), SITUATED AT WAIAKEA, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAII, FOR THE KAWAILANI STREET IMPROVEMENT PROJECT. WHEREAS, Hawaiian Telcom, Inc. (hereinafter "Owner"), is the owner of real property situated at Waiakea, Hawaii, identified as Tax Map Key Number (3) 2-4-015-029 ("The Property"); and WHEREAS, the County of Hawaii ("County") will be constructing improvements to Kawailani Street; `Iwalani Street to Pohakulani Street ("Improvements"); and WHEREAS, the Improvements will require the acquisition by the County of a portion of The Property owned by Owner, identified as being a portion of the lands described in and covered by Land Patent Grant Number S-14, 216 to Harry Tetsuo Jitchaku and Alfreda Diama Jitchaku, situate, lying and being at Waiakea, District of South Hilo, Island, County and State of Hawaii, being a Lot 96 of the "Waiakea House Lots, 3`d Series", being Parcel 9, containing an area of 3,204 square feet, as delineated in the attached Exhibit "I", as well as a temporary construction right -of -entry as delineated in the attached Exhibit "2" as "C-11" for construction and grading purposes; 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 a temporary construction right -of -entry, 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 S-14, 216 to Harry Tetsuo Jitchaku and Alfreda Diama Jitchaku, situate, lying and being at Waiakea, District of South Hilo, Island, County and State of Hawaii, being a Lot 96 of the "Waiakea House Lots, 3`d Series", being Parcel 9, containing an area of 3,204 square feet, as delineated in the attached Exhibit "I", and a temporary construction right -of -entry as delineated in the attached Exhibit "2" as "C-11" for construction and grading purposes. 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) Hawaiian Telcom, Inc., P.O. Box 2200, Honolulu, HI 96841-2200. Dated at Kona , Hawai`i, this 15th day of April , 2015. INTRODUCED BY: J4'14-4� e4lt- COUNCIL MEMBER, TY OF HAWAII Date of Introduction: April 1, 2015 Date of 1st Reading: April 1, 2015 Date of 2nd Reading: April 15, 2015 Publication: April 11, 2015 Effective Date: April 15, 2015 COUNTY COUNCIL County of Hawaii Hilo, Hawai i 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 April 15, 2015 ATTEST 1 COUNTY CLERK CHAIRPERSON & PRES ING OFFICER ROLL CALL VOTE Reference: C_-193/Waived FC RESOLUTION NO. 11.8 15 AYES NOES ABS EX CHUNG X DAVID X EOFF X ILAGAN X KANUHA X ONISHI PALEKA X POINDEXTER X W ILLE X Reference: C_-193/Waived FC RESOLUTION NO. 11.8 15 EXHIBIT "1" LOT 92 Q Y a M m z w I � � . et ' II GRANT 14178 TO SE15U0 YAMADA, W HELEN KEIKO YAMADA, r WALLACE JJNICHI AND (J O ALICE HISAKO YAMADA FUMIMOTO (n � j LOT 95 � N Ti � N to „ 265'40'— 202.00 .. 00 Q �O P (V LOT A-1 16,803 $Q. FT. tSG�pf� '0X: B 00 LOT 1—A-1 o CO C3 Z g 310'40' 28.28 16 f t�oP f i 1 �' ...a of R=20.00 1�z� :. 268'08' 39.35 8. y/ g 11,872.15 S �tPN� T 293'37' 13.69 265'40' M — 130.59 5HA o A44 A R `.--113040'R=30.0042.43 PARCEL9 PARCEL io 3,2x4 SQ. FT. 85'40' -- 172.00 11,882.01 S KAWAILANI STMET 0i sHALAI9 E °' HAAI" A PAROL 13 PARCEL. 12 PARCEL 11 F: LOT 2—B-1—A� N C T.LOT 2—A-1 W W Zv � * LAND Y6YAL 1M' i8 Na 5085 Y This work was prepared by me under m supervision. V ROBERT T. , PLS OWNER: HAWAIIAN TELCOY, INC. P.0 Box 2200 State of Hawaii Caart.rt. NNo: LS -5985 License Expires April 30, 2016 Honolulu, HI 96841-2200 Kai � tWALANI,i INET F.A.O. NO.52) SUBMITTED B Y DATE. 'eta Sll9 OF LOT A INTO P L 9 AND olv loN EF LOT A-1 BEING A PORTION OF LOT 96 (GRANT S-14216 TO HARRY TETSUO JTCHAuu AND AVIREDA DIANA .ITCHAKU) j1 + AND LOT A (GRANT 13331 TO HAWAIIAN TELEPHONE CO.) APPROVED BY.� DATE WAIMEA, SOUTH HILO. ISLAND OF HAWAII. HAWAII C94 PLAN BY: ISI I TRACED BY: ISI I DATE: 02/20/15 EXHIBIT "1" Kawailani Street Improvements Project, FAP STP -2760(:) 8-8018 SURVEY MAP OF RIGHT OF WAY PARCEL 9 & CONSTRUCTION PARCEL C-11 Tax Map Ke 2-4-15-29 50 ACM fig EXHIBIT "2"