HomeMy WebLinkAboutRES 351 Draft 01 2014-2016 JMtr os,N.
COUNTY OF HAWAII •� � /. STATE OF HAWAII
T�Oi•N►.�M_.
RESOLUTION NO. 351 :1
A RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY
EMINENT DOMAIN, TAX MAP KEY NUMBER(3) 1-7-007-015 (PORTION),
SITUATED AT `OLA`A, PUNA, COUNTY AND STATE OF HAWAII, FOR THE
KUAULI ROAD IMPROVEMENTS AT VOLCANO ROAD PROJECT.
WHEREAS, the Heirs and Devisees of Walter James Murphy, deceased, (hereinafter
"Owners") are the owners of real property situated at `Ola`a, Puna, Hawaii, identified as Tax
Map Key Number (3) 1-7-007-015; and
WHEREAS, the County of Hawai`i ("County") will be constructing a road widening of
Kuauli Road to provide right and left turn lanes ("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 5379 to William Kaiako Manu situate, lying and being at
`Ola`a, Puna, Island and County of Hawai`i, State of Hawai`i, being a portion of Lot 25, Public
Lands Map No. 23, First Land District, bearing Tax Key designation (3) 1-7-007-015, containing
approximately 4,271 square feet, or 0.098 acre, which is described in the attached Exhibit"1";
and
WHEREAS, the Improvements will provide a public use and purpose which benefits the
County; and
WHEREAS, it is necessary for the County to acquire the above-described real property,
requiring that the County to invoke its condemnation powers, to complete the Improvements; and
WHEREAS, Section 101-13 of the Hawai`i 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 Hawai`i, 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
5379 to William Kaiako Manu situate, lying and being at `Ola`a, Puna, Island and County of
Hawai`i, State of Hawai`i, being a portion of Lot 25, Public Lands Map No. 23, First Land
District, bearing Tax Key designation (3) 1-7-007-015 and containing approximately 4,271
square feet or 0.098 acre, which is described in the attached Exhibit"1."
BE IT FURTHER RESOLVED that the Corporation Counsel of the County of
Hawai`i 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.
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 Hawai`i; (2)the Department of Public Works; (3)
2
Deputy Corporation Counsel Renee N. C. Schoen; (4) Finance Director Deanna Sako; and(5)the
Heirs or Devisees of Walter James Murphy, deceased.
Dated at Hilo , Hawai`i, this 6th day of January , 2016.
INTRODUCED BY:
1.-4/
COUNCIL"M:ER, COUNTY OF HAWAII
Date of First Reading: December 14, 2015
Date of Publication: December 26, 2015
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the ILAGAN X
County of Hawaii on January 6, 7016 KANUHA X
ONISHI X _
ATTEST: PALEKA X
POINDEXTER X
WILLE X
9 0 0 0
Reference: C-578/Waived5PWPRC
COUNTY CLERK CHAIRPERSON &PRESIDING OFFICER RESOLUTION NO. 351
3
F.A.P. NO. F-2(4) To Hilo-
- To Volcano VOLCANO ROAD 'N
208.07 . J�
Old Volcano Road (Remnant) 216' 20' ,165.05 J_
43.02 /�--I- Foot NVehicular
/...___—}–/ 1-73. 47' 30" 10 PlantingWide Screeno EasementAccess
__J 33.81
R=25.00 N
0 �J
o� O
N N
0
N n LOT A
tri 38,863 Sq. Ft. ,(...oQ coor 0.892 Ac. �•0
0
D:
Lot 25–A
J Motoshi and Kiyoko Sako Trust
+ (Owners)
j LOT B �'�
Y 4,271 Sq. Ft. •
in _or 0.098 Ac. M
• lb
M so �JO4 8.4404
-4,
•
�Q ROFLICESSIOENsg NAL92
P
43 LAND
`' * SURVEYOR
188.00 No.11858
20.07 208.07 y
36. 20' ,s. 'MI,U.0'.
Go'
This work was prepared by me
Remainder of Lot 25 or under my supervision.
Motoshi and Kiyoko Sako TRust
(Owners)
NOTE: LOT B for addition to
Kuauli Road Right–of–Way FEET
50 25 0 50 100
0
OWNERS: The Heirs or Devisees of
Walter James Murphy, Deceased GRAPHIC SCALE
ENGINEERING DMSION DEPARTMENT OF PUBUC WORKS COUNTY OF HAWAII
SUBMITTED BY: Kuauli Road Improvements at Volcano Road, Job No. E-4356
OF I SUBDIVISION OF A PORTION OF
DATE Ii 2 ZDI GRANT 5379 TO WM. KAIAKO MANU
DIVISION CHIEF INTO LOTS A AND B
APPROV B •
4 ! b , ' � i�'j�' Being Lot 25 of the Olaa Homestead Reservation Lots
at Kurtisto
.�9., DATE wn, Puna, Island of Hawaii, Hawaii
V �
DIRECTOR PLAN BY: TJ I DRAWN BY: TJ (DATE: 11/23/2015
Tax Map Key: (3rd Div.) 1-7-007: 015 EXHIBIT "1 "