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Home My WebLink AboutRES 376 Draft 01 2014-2016 �tV OF MU._;, COUNTY OF HAWAII f.•(. `" i:•- STATE OF HAWAII .OF MF''..'`` RESOLUTION NO. 376 16 A RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN OF TAX MAP KEY: (3) 2-4-019-127 (PORTION), SITUATED AT WAIAKEA, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAII, FOR THE KAWAILANI STREET IMPROVEMENTS PROJECT (`IWALANI STREET TO POHAKULANI STREET). WHEREAS, Don Richard Tua'au and Connie Asai Haimoto-Tua'au, husband and wife, as Tenants by the Entirety, are the fee simple owners of real property situated at Waiakea, District of South Hilo, Island and County of Hawai`i and State of Hawai`i, identified as Tax Map Key Number (3) 2-4-019-127 ("The Property"); and WHEREAS, the County of Hawai`i ("County") will be making improvements to Kawailani Street, including the realignment of Ainaola Drive, widening of Kawailani Street and some of the feeder streets in addition to the installation of traffic signals at the intersections of Kawailani and `Iwalani Streets, and Kawailani Street and Ainaola Drive, Federal Aid Project No. STP-2760(2), COH Job No. T-3548 ("Improvements"); and WHEREAS, the Improvements will require the acquisition by the County of a portion of The Property described in Exhibit"1" (legal description) and delineated in Exhibit"2" (parcel map) attached hereto and made a part hereof, consisting of approximately 1,079 square feet, more or less, and together with any adjacent lands necessary for temporary construction purposes, including but not limited to temporary easements for construction and operations, and storage and disposal areas; and WHEREAS, the Improvements have been determined by the County as providing a public use and purpose which benefits the County; and WHEREAS, it is necessary for the County to acquire the above-described Property, which requires the County to invoke its condemnation powers in completing the Improvements; and WHEREAS, Section 101-13 of the I lawai`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, to wit: for roadway purposes to take, acquire and condemn the portion of The Property as described in the attached Exhibit "1" and delineated in the attached Exhibit "2". 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 portion of The 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 Kenoi, Mayor of the County of Hawaii; (2) the Department of Public Works; (3) Deputy Corporation Counsel Ronald Kim; (4) Finance Director Deanna Sako; (5) Don Richard 2 Tua'au and Connie Asai Hannoto-Tua'au, 79 Ainaola Drive, filo, Hawai`i 96720; and (6) Nationstar Mortgage LLC, P.O. Box 619081, Dallas, Texas 75261-9741. Dated at Hilo , Hawai'i, this 2nd day of March , 2016. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Date of 1st Reading: February 17, 2016 Publication Date: February 27, 2016 COUNTY COUNCIL ROLL CALL VOTE -7 County of Hawai'i AYES NOES ABS EX filo, Hawai`i CHUNG -i X DAVID t X I hereby certify that the foregoing RESOLUTION was by IANT 1 1 X the vote indicated to the right hereof adopted by the COUNCIL attic, - --t- , County of Itawai.i on March 2, 2016 ILAGAN I X t — I KANUIIA I X ONISITI I. X f ATTEST: PALEKA 1 X I POINDEXTER '1 X 4 W I 1, ,LE X 1 \ik(Cit/IG 1 9 0 0 0 , Ii Reference: C-639iEWPRC-_27 COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 376 16 3 DESCRIPTION PARCEL 23 Kawailani Street Improvements Iwalani Street to Pohakulani Street, F.A.P.No. STP-2760(2) Being A Portion of Lot 13 Being a Portion of Lot 715-B of Waiakea Homesteads (Portion of Grant 15439 to Hawaii Housing Authority) Situated at Waiakea, South Hilo, Island of Hawaii, Hawaii Beginning at the northerly corner of this parcel of land,the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 12,537.58 feet South and 4,714.00 feet East and running by azimuths measured clockwise from True South: 1. 307° 02' 22" 12.00 feet along Parcel 22 of Kawailani Street Improvements; 2. 40° 36' 143.14 feet along Lot 13-A; 3. 127° 02' 22" 3.11 feet along Lot 14; 4. 217° 02' 22" 142.86 feet along the southerly side of Ainaola Drive to the point of beginning and containing an area of 1,079 square feet. May 21, 2012 (Revised) June 3,2005 ¢T T. Stir ISLAND SURVEY, INC. Hilo,Hawaii O 9 LICENSED 9i PROFESSIONAL * LAND SURVEYOR No.5985 TMK:2-4-019:127 portion 'S' Q ROBERT T. SHIRAI '7,411 U• Licensed Professional Land Surveyor 5985 License expires 04/30/14 ISLAND SURVEY, INC. EXHIBIT "1" SURVEYORS P.O.BOX 4215 HILO,HAWAII 96720-0215 9: 0 n I pm I ~o CC J L? (�0�0 Olt '27 7 — N. h 'S• • < .:I'' tbPNP ,yiP u n o� I A P `tib f N a �?\O so Oy G�,O jos o .oryry� �ll' Z J / ••/ \a/0 a, / •c-',,>,, "7 ¢ IN •ryry ,h ti r,0/9 � %oma OS �n '0 I- 2 o % 6- O O I— O >}.1 o 4^2 5 in •l&•` I t T. ,Sa, s.} iik 9 4: 1z: anartsaa�L i- 1r * LAND SURVEYOR * J reek L tY O Thie work was prepared by me ; or uncles my supervision. OWNER: DON R. TUA'AU AND WIFE 1" — "" CONNIE A. HAIMOTO—TUA'AU ROBERT T. SHIRAI, PLS 79 Alnaola Drive State of Hawaii Cert. No. LS-5985 Hilo, Hawaii 96720 License Expires April 30, 2014 ENGINEERING DIVISION DEPARTMENT OF PUBUC WORKS . COUNTY OF HAWAII KAWAILANI STREET IMPROVEMENTS IWALANI STREET TO POHAKULA* STREET F.A.P. NO. STP-2760(2) ,Q SUBDIVISION OF LOT 13 OF AINAOLA SUBMITTED BY: C. _DATE: 3/1t/BIZ HOUSELOTS SUBDIVISION, UNIT I DIVISION (FILE PLAN 1570) INTO PARCEL 23 AND LOT 13—A APPR01iID BY•Ofl i BONG A PORTION OF LOT 715-8 OF WAfNCEA HOMESTEADS . .1 'lYl�. DA71 �. .�/ ( TION OF GRANT 15439 10 HAWAII HOUSNG AUTHORITY WAIAKEA, SOUTH HILO, ISLAND OF HAWAII, HAWAII PLAN BY: ISI I TRACED BY: ISI I DATE: 12/30/04 Tax Mop Key (3)2-4-019:127 Revised March 9, 2012 Sheet 23 Of 30 EXHIBIT "2"