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Home My WebLink AboutDIG Eminent Domain RES 119-15 (2014-2016)COON"IY OF HAWAII SLATE OF HAWAII RESOLUTION NO. 119-15 A RESOLUTION AUTI IORIZING THE ACQUISITION OF PRIVATE PROPERLY 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 SOI TH HILO, COUNTY AND STATE OF HAWAIL 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 WI IEREAS, while in the process of the condemnation proceedings, it was determined that in order to turn the improvements over to the State of ILawai`i ('State"), the State required the taking of fee interests rather than the easements as authorized in Resolution 299 00; and WIIEREAS, 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 Fxhibit"1"and delineated on the attached Fxhibit-'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 WIIEREAS, 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 I I 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 I lawai`i, to wit: for roadway purposes, to take, acquire and condemn that certain private property owned by Owner, identified as being a portion of'I ax Map Key Number (3) 2-5-044-026 f.k.a. (3) 2-5-044-001 (per.) at Kaumana, South Ilile, 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 I FUR'TIIER 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. BE IT FINALLY RESOLVED that this resolution shall take effect upon adoption thereof and the County Clerk shall transmit copies ofthis resolution to: (1) the Honorable William P. Kcnoi, 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 L'I'D Partnership, 47-460 Waihee PI, Kaneohe, 11196744-4958. Introduced by: KAREN EOFF Council Member I HEREBY CERTIFY that the foregoing resolution was duly passed on first reading by the Council of the County of Hawaii at their meeting held on April 1, 2015, by the following Aye/No/Absent/Excused vote: AYES: Council Members Chung, David, Eoff, Ilagan, Onishi, Paleka, Poindexter, and Chair Kanuha— 8. NOES: None, ABSENT: Council Member Wille— I. EXCUSED: None. ��/�/�y,"✓ bounty Clerk County of Hawaii (Hawai'i Tribune Herald — Saturday, April It, 2015) (West Ilawai'i Today — Saturday, April 11, 2015) AFFIDAVIT OF PUBLICATION IN THE MATTER OF Countyof Hawaii, State of Ilawai'i, Resolution No. 119-15 STATE OF HAWAII I ISS City and County of Honolulu It APR 1 3 2015 Doc. Date: # Pages: 1 Notary Name: Patricia K. Reese First Judicial Circuit Doc. Description:_ Affidavit of \....II" Publication m y:. NOTARY'.m APR 1 3 2015 = PUBLIC t~ Cannon . No. 6646] N rySl9natu Data is, .�� Julie Clark swing duly,..., deposes and says that she is a clerk, duly authorized to execute this affidavit of Oahu Publimlions. Inc pul isher of I he I lonolulu Star -Advertiser, Midweek, The Garden Island, West Hawaii "today. and Hawaii Tribune -Herald, that said newspapers are newspapers ofgeneral circulation in the State of Hawaii. and that the attached notice is nue notice as was published in the aforementioned newspapers as follows: Honolulu Star -Advertiser 0 times on: Mid Week 0 times on: The Garden Island 0 times on: Hawaii Tribune -I herald 1 times on: 04/112015 West Hawaii Today 0 times on: Other Publications: 0 times on: And that atTiam is nota party to or m any way interested in the above entitled matter. Julia Clark Subscribed roan sworn before me thisj�day of � A.020 )!5 ``P"\ oA K. Rcc�s Q: NOTARY'. PUBLIC Comm. No. 8646] 'aaO�9JFIOFIHA�Pw`w . fOLlafOf YA3Mn MIIEQNMdIn noIW WlN u r th Coaly b noir MIAIer At MAN 0e M Ann a Nrt meA b/ OnelA, MANN M Pana 31L, Abaft b ftArl IAN A'1' eM daMNtl M Ore abdN sella •2.1'MMwwnb'1; the InAMMneMA A PMdb A pNb aM Cad IANMA aIYPA A b mw8 t NA A*(tani,A A AAAYa W AN AAAAA0 AnI nn AM NN tlm court Mob b mINAIAIAtloA Pow b nplanlr 101me mcloneby teL Any NA N W aNM gti mnAren olWan MMIC w.NeMae, 01 11 =Kit OF IIE COuIII M KIM'[ NM r b A, puAn' w W AAAAAJAN bMltalb CMM Anown b M mom to bM MAN. AM mnam Nat noir PNb R n RIRMER REPI NN Ne UPARIM CaeMI a the CNO a An A AAA A no" A JANAI AM eAPoeuieA b ANN On"'Anno A Aeodannald M Plmleee . ]ill, MI M taNIL mW%)1MI art mllAemleDlll K bmad pMe PllpAAp'. AF R WRMFR AnOLPFD Na In Nr gown died ploMeSMa M AeAAA �In, tlm COImMAn Crawl b N b ]Mab/ euNMae ilM anPellAM b Mla eetllelnellt In ANMAain aiN w aPPA'a a iM wa blas N arA PnneAlro w PAaemaed. fiE R nXALLy RFSOLAFD tlul tlllr moNNon aNA iNA aM1 umn eNNbn ea and w comp CMR CAN MmiM Popes a w wFdbn b 111 No a S Mlllam P. bnAl, Mawr aNa bop a BinN'I;. as m % (4) IN a is r the WI Oaa4Y CowMlbn AA*, Xa. m A D47 141 IN. Wa Deanna Sam; eM 151 TOA Fens/ liD PadwaM 41-060 WYAe M. IandMM Ay Pollinator CmMIMwAA. I REREM MN NN Na N"In, AnAluDon w dM Powe M IN AAAA{ b/ w CauM a Ne fu In a RAean M IMM meftil IAM M MO 1, 20161 q Ne Moan/IM/No/IbenUEiaseA rotA AMS: Com] MmAAa CN% DuA, EM, bpn, NAN, AabM PMMadel,WCblI XeANe-8. ROES iani AM: CmANMmAAMIN-1. MM: None. ci Nor CMMARwI'I "'AfI CMM'MM FMN CrPW-*romw MIMAM SP.N(IAIRR0117 4/11/11) AFFIDAVIT OF PUBLICATION IN THE MATTER OF } County of I Iawal'i, State of Hawel'i, Resolution No. 119-15 } } } } } I STATE OF HAWAII I )SS. City and County of Honolulu I Doe. Date: APR 1 3 2015 # Pages: 1 Notary Name: Patricia K. Reese First judi-,-I Circuit Doc. Description: Affidavit of Publication �tn K' RFF� P r NOTARY APR 1 3 2015 PUBLIC =.. carom . nm. .' ` eta Ignature Dale '� 86467 ` s�gJFOF HP`NPc`� Julie Clark being duly swom, deposes and says that she is a clerk, duly authorized to execute this affidavit of0ahu Publications, Inc. publisher ofThe Ilonolulu Star -Advertiser, MidWeck, The Garden Island, West Hawaii loans, and Hawaii Tribune -Herald, that said newspapers are newspapers ofgeneral circulation in the State of Hawaii, and that the attached notice is nue notice as was published in the aforementioned newspapers as follows: Honolulu Star -Advertiser 0 times on: Mid Week 0 times on: The Garden Island 0 times on: Hawaii Tribune -Herald 0 times on: West I lawaii Today 1 times on: 04/11/2015 Other Publications: 0 times on: And that affiant is not a part) / rty to or in any way interested in the above entitled matter. v,G� Julie Clark — ppa�yy / Subscribed to and swo before me this jp 3av af' A.D.20 /5 Patricia . Rccs , Notw NI com issi expires: Ad 4 0000743419 WI ~OFNIIMa a i¢ MINtAt, ane m W P. a W mnaemnaYi pane abg0. 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