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Home My WebLink AboutRES 120 Draft 01 2014-2016COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 120 15 A RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, TAX MAP KEY NUMBER (3) 2-5-045-019 (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) 2-5-045-019 ("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 298 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 298 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 30-A, 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) 2-5-045-019, at Kaumana, South Hilo, Island and County of Hawaii, State of Hawaii, being Parcel 30-A, which is described in the attached Exhibit "1" and delineated on the attached Exhibit 112". 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 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 , Hawai`i, this _15th _ day of April , 2015. INTRODUCED BY: COUNCIL MEMBER, LINTY 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 RF,SOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on Agril_15 2015_ _____ ATTEST COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER 3 ROLL CALL VOTE Reference: RESOLUTION NO. C-195/Waived t'C 120 15 AYES NOES ABS EX CHUNG X DAVID EOFF X ILAGAN KANUHA ONISHI PALEKA X r POINDF rER WILLS �. ----- --- -- �- 8 0 1 0 Reference: RESOLUTION NO. C-195/Waived t'C 120 15 DC SCRIPT10N PARCEL 30-A Being a Portion of Grant 4074 to H.C. Hitchcock Situated at Kaumana. South Hilo, Island of Hawaii, Hawaii Beginning at the northwest corner of this parcel of land 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 "HALAI" being 12,899.94 feet South and 17,802.50 feet West and running by azimuths measured clockwise from True South: Following along the south side of Puainako Street Extension Federal Aid Project No. STP -2000(4) for the next five (5) courses, the azimuths and distances between points being: 1. 268" 2S 641.12 feet: 2. Thence along a curve to the left having a radius of 2060.00 feet, the chord azimuth and distance being: 263° 43' 30" 336.99 feet: 3. 259" 02' 594.46 feet. 4. Thence along a curve to the right having a radius of 1940.00 feet, the chord azimuth and distance being: 263" 43' 30" 3 17.3 6 feet 5. 2680 25' 52.37 feet: 6. 46" 32' 29.96 feet along Lot A-2-1 -B.- Thence along Remnant Lot K-1 for the next twenty-five (25) courses, the azimuths and distances between points being: 7. 88" 25' 30.08 feet: S. Thence along a curve to the left, having a radius of 1920.00 feet, the chord azimuth and distance being: 88" 16' 10.05 feet: ISLAND SURVEY, INC. SURVEYORS EXH113I1' "1" P O Box 4215 HR O, HAWAII 96720-0215 Parcel 30-A 9. 358° 07' 10.00 feet: 10. Thence along a curve to the left. having a radius of 1910.00 feet, the chord azimuth and distance being: 84" 11' 30" 261.48 feet: 11. 350" I6' 5.00 feet; 12. Thence along a curve to the left, having a radius of 1905.00 feet, the chord azimuth and distance being: 79" 39' 41.01 feet; 13. 79" 02' 57.50 feet: 14. 349° 02' 60.00 feet: 15. 79" 02' 319.96 feet: 16. 169" 02' 75.00 feet: 17. 790 02' 217.00 feet; 18. 3490 02' 10.00 feet: 19. Thence along a curve to the right, having a radius of 2090.00 feet, the chord azimuth and distance being: 79" 55' 30" 65.05 feet: 20. 170" 49' 10-00 feet: 21. Thence along a curve to the right, having a radius of 2080.00 feet, the chord azimuth and distance being: 82" 57' 27" 155.40 feet: 22. 355° 05' _54" 10.00 feet: 2 ISLAND SURVEY, INC. SURVEYORS PC Box 4215 H11 0. HAWAII 96720-('215 Parcel 30-A 23. Thence along a can -e to the right, having a radius of 2090.00 feet. the chord azimuth and ISLAND SURVEY. 2NC- Hilo. Hawaii r distance being: 86" 45' 27" 121.03 feet: 24. 88" 25' 380.80 feet; 25. 178" 25' 10.00 feet: 26. 88" 25' 150.00 feet: 27. 358 25' 70.00 feet; 28. 88" 25' 150.00 feet-, 29. 178" 25' 20.00 feet; 30. 268" 25' 39.69 feet; 31. 178" 2-5 70.00 feet to the point of beginning and containing an area of 1.858 acres. October 9, 2014 ISLAND SURVEY. 2NC- Hilo. Hawaii r TMK:2-5-044:002ponion �. R OBERT T. SI IIRAI \ Licensed Professional Land Surveyor 5985 License expires 04 30, 16 I ISLAND SURVEY, INC. SURVEYORS P 0 BOX 4215 HILO, HAWAII 967224)215 m 0 aan C o s\ \ RUE NOR7H s� Scale: 1 in 206 ft S.a-se— i\ 1.. 180'00' 941.99 m 0 aan C o s\ \ RUE NOR7H s� Scale: 1 in 206 ft S.a-se— 1.. 180'00' 941.99 DRAIN EASEMENT K -3—A= -I1 N� 0.261 ACRE '�� m y ,1VPo m / I z oo oz z Z n of a �cn'� ' L n b — 1 �1 ooac ;F.asr- m A pp D M n zD�� X D AO r o m Ny O x Z oo'oaoi=u lV/ 04 SS., \ Op 01 6f Ol.l' a, 09oL^d - P 00 p6Ci.H SD S9 �t5 j ONS i �'�� O 11✓ ObiA `' CC ti06l`tl_ .9 �OLt i- pl A fA Ol6l�tl i NJ �� moo. I ��b mV iV aN r 0 4 $m -off y z = • ovoa a3oiw� s I D � `•'1 I 1� '' i y 9 _ v' o 3 D o u) ;> m z z0 N� - r � Z (Aol m / ,1VPo m / I z ➢�T4 n z z Z n I D v � L n b — 1 EXHIBIT 462"