HomeMy WebLinkAboutRES 119 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 NUMBER (3) 2-5-044-026 (PORTION) F.K.A. (3)
2-5-044-001 (PORTION), SITUATED AT KAUMANA, DISTRICT OF SOUTH HILO,
COUNTY AND STATE OF HAWAII, FOR THE PUAINAKO STREET EXTENSION
PROJECT.
WHEREAS, the Towill Family LTD Partnership (hereinafter "Owner"), is the owner of
real property situated at Kaumana, Hawaii, identified as Tax Map Key Number (3) 2-5-044-026
f.k.a. (3) 2-5-044-001 ("The Property"); and
WHEREAS, the County of Hawaii ("County") constructed improvements to the
Puainako Extension which required the County to exercise its condemnation powers to acquire
certain property and easements as authorized in Resolution 299 00; and
WHEREAS, while in the process of the condemnation proceedings, it was determined
that in order to turn the improvements over to the State of Hawaii ("State"), the State required
the taking of fee interests rather than the easements as authorized in Resolution 299 00; and
WHEREAS, the County is now required to acquire the fee interests of that portion of
The Property owned by Owner, identified as Parcel 31-C, which is described in the attached
Exhibit "1" and delineated on the attached Exhibit "2" (`Improvements"); 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 to acquire the above-described Improvements
and requires that the County 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 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 Owner,
identified as being a portion of Tax Map Key Number (3) 2-5-044-026 f.k.a. (3) 2-5-044-001
(por.) at Kaumana, South Hilo, Island and County of Hawaii, State of Hawaii, being Parcel 31-
C, which is described in the attached Exhibit "I" and delineated on the attached Exhibit "2".
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 CIerk 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)
Towill Family LTD Partnership, 47-460 Waihee PI, Kaneohe, HI 96744-4958.
Dated at _ Kona , Hawaii, this 15th . day of April , 2015
INTRODUCED BY:
J
COUNCIL MEMBER, C 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 Hawa i
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCII, of the
County of Hawaii on ApriLs5,_201.5 ____ __ ___
ATTEST:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
ROLL CALL VOTE
Reference:
C-194/Waived FC
RESOLUTION NO. _ 119 :15
AYES NOES ABS EX
CHUNG
X
DAVID
X
EOFF
X
(LAGAN
X
KANUHA
X
ONISHI
PALEKA
X
POINDEXTER
X
WILLS
--- — -
8 0 1
Reference:
C-194/Waived FC
RESOLUTION NO. _ 119 :15
DESCRIPTION
PARCEL 31-C
Being a Portion of Grant 4075 to Chas. Auld
Situated at Kaumana. South Milo, Island of Hawaii_ Hawaii
Beginning at the northeast corner of this easement parcel and on the south side of Puainako Street
Extension Federal Aid Project No. STP -2000(4), the coordinates of said point of beginning
referred to Government Survey Triangulation Station "IIALAI" being 12,950.94 feet South and
19,647.68 feet West grid running by azimuths measured clockwise horn True South:
1. 358° 25' 20.00 feet alone Remnant Lot N -A:
2. 88" 25' 250.00 feet along Remnant Lot N -A:
3. 358" 25' 10.00 feet along Remnant Lot N -A:
4. Thence Remnant Lot N -A, along a curve to the left having a radius of 4910.00 feet, the
chord azimuth and distance being:
87" -ST 01" 79.94 feet:
5. 2390 20' 62.93 feet alonu Parcel 34-A:
6. Thence along the south side of Puainako Street Extension Federal Aid Project No.
STP -2000(4), along a curve to the right, having a radius of
4940.00 feet, the chord azimuth and distance beim":
268" 16' 19.5" 24.94 feet:
7. 268" 25' 250.00 feet along the south side of Puainako Street Extension Federal Aid
Project No.STP-2000(4) to the point of beginning and containing
an area of 0.151 acre.
October 9, 2014 j�-� ISLAND SURVEY. INC.
Filo, I-lawaii --�
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TMK:2-5-044:001 portion ROBERT T. SI IIRAI
�;. I_.icensed Professional
Land Surveyor 5985
License expires 04 30 16
ISLAND SURVEY, INC.
SURVEYORS P U BOX 4215
KILO, HAWAII 90723-0215
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EXHIBIT "2"
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EXHIBIT "2"