HomeMy WebLinkAboutDIG Eminent Domain RES 376-15 (2014-2016) COUNTY OF HAWAI`I
STATE OF HAWAI`I
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.
No. T-3548 ("Improvements"); and
STP-2760(2), COH Job ( p ),
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 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, 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 Hawai`i; (2) the Department of Public Works; (3)
Deputy Corporation Counsel Ronald Kim; (4) Finance Director Deanna Sako; (5) Don Richard
Tua'au and Connie Asai Haimoto-Tua'au, 79 Ainaola Drive, Hilo, Hawai`i 96720; and (6)
Nationstar Mortgage LLC, P.O. Box 619081, Dallas, Texas 75261-9741.
Introduced by:
VALERIE T. POINDEXTER
Council Member
I HEREBY CERTIFY that the foregoing resolution was duly passed on first reading by the
Council of the County of Hawai`i at its meeting held on February 17, 2016, by the following
Aye/No/Absent/Excused vote:
AYES: Council Members Chung, David, Eoff, Ilagan, Onishi,
Paleka, Poindexter, Wille, and Chair Kanuha—9
NOES: None.
ABSENT: None.
EXCUSED: None.
ounty Clerk
County of Hawai`i
(Hawai`i Tribune Herald—February 27, 2016)
(West Hawai`i Today—February 27, 2016)
Hawai`i County is an Equal Opportunity Provider and Employer.
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AFFIDAVIT OF PUBLICATION
IN THE MATTER OF I
COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO.376-16 }
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• STATE OF HAWAII •
RESOLUTION,N0.376.16
STATE OF HAWAII } I!
}SS. . A RESOLUTION AUTHORIZING THE ACQUISRiON OF PRIVATE PROPERTY BY EMINENT
DOMAIN OF TAX MAP KEY: (3)2-4-019:127 (PORTION),STNATED AT WAIAKEA,
City and County of Honolulu I !I DISTRICT OF SOUTH HILO,COUNTY AND STATE OF HAWAII,FOR THE KAWAILANI
STREET IMPROVEMENTS PROJECT('IWALANI STREET TO POHAKULANI STREET).
FEB 2 9 2018 I .0 WHEREAS, on Richaii Tua'au and Corinle Aral Halmotd-Tua'iu, tiusband
1
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Doc. Date: # Pages: ; and wife,as Tenants by the,Entirety,-are the fee simple owners.of real property
situated at Waikea,District of South Hilo,Island and County of Hawaii and State of
Patricia K. Reese First Judicial � Hawal'i,Identified as Tax MapKeyNumber 3 2-4-019:127 'The Property");
Notary Name: Circuit ( ) ( and
``t ti t r r r r i I WHEREAS,the County of Hawaii("County")will be making improvements to
Affidavit of ��% /i, Kawallani Street,Including the realignment of Ainaola Drive,widening of Kawallani
Doc. Description: ��• �c m% K. R Street and some of the feeder streets in addition to the installation bf traffic signals
N 'S •• ••�� /i at the intersections of Kawallani and'Iwalapi Streets,and Kawailani Street and
Publication QQ •' ,scA• : 1 Ainaola Drive, Federal Aid Project-No. STP-2760(2), COH Job No. T-3548
NOTARY — ("Improvements");and
:3'ierP,UBLICall _ WHEREAS,the Improvements will require the acquisition by the County of a
portion of The Propertydescribed in.Exhibit"1"(legal description).and delineated
FEB 2 9 2016 Comm.No. in Exhibit"2"(parcel map)attached hereto and made a part hereof,consisting of
86 467 approximately 1,079 square feet, more or less,and together with any adjacent
(1217.ota Date /i S+ � lands necessary for temporary construction purposes,including but not limited to
�zz T" ' OF N,\tZ) %\ areas;a d easements for construction and.operations, and storage.and disposal
��'/I411100 WHEREAS, the Improvements have been determined'by the County as
Lisa Kaukani beingdulysworn,deposes and says that she is a clerk,dulyauthorized to 1 providing a public use and purpose which benefits the County;and
P Y WHEREAS,it is necessary for the County to acquire the above-described '
execute this affidavit of Oahu Publications,Inc.publisher of The Honolulu I Property, which requires the County to invoke.Its condemnation powers in
completing the Improvements;and "
Star-Advertiser,MidWeek,The Garden Island,West Hawaii Today,and Hawaii WHEREAS,Section 101 13'of the.Hawai'i Revised Statutes requires that a 1
Tribune-Herald,that said newspapers are newspapers of general circulation in the condemnation action by the County must be authorized by a resolution of the
State of Hawaii,and that the attached notice is true notice as was published in the : County Council;now,therefore,
BE Ti RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is
aforementioned newspapers as follows: necessary for the public use and purpose for the benefit of the County,to witfor
roadway purposes to take,acquire and condemn.the portion of The Property as
Honolulu Star-Advertiser 0 times on: I described in the attached Exhibit"1"and delineated In the attached Exhibit"2".
I BE ii FURTHER.RESOLVED that the Corporation Counsel of the County of
1 Hawaii be and is hereby authorized and empowered to Initiate proceedings in
Midweek 0 times on: 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
I eminent domain, the Corporation Counsel be and is hereby authorized and
The Garden Island 0 times on: , ! 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
Hawaii Tribune-Herald 1 times on: I Honorable William Kenai,Mayor of the County of Hawaii;(2)the,Department of
Public Works;(3)Deputy Corporation Counsel Ronald Kim;(4)Finance Director
02/27/2016 Deanna Sako; (5) Don Richard Tua'au and Connie Asai Haimoto-Tua'au, 79
Ainaola Drive, Hilo, Hawaii 96720;and (6)Nationstar Mortgage LLC, P.O.Box
West Hawaii Today 0 times on: . 619081,Dallas,Texas 75261-9741. ,
' .Introduced by:
VALERIE T.POINDEXTER '
Other Publications: 0 times on: I Council Member -
I HEREBY CERTIFY that the foregoing resolution was duly passed on first reading by ,
And that a i . is nonparty to or in any ay interested in the above entitled matter. I the Council of the County of Hawaii at its meeting held on February 17,2016,by
. 4
1 i 11/l ii " the following Aye/No/Absent/Excused vote:
AYES: .
Council Members Chung, David,Eoff,Ilagan,Onlshi,
Lisa Kaukani —- i Paleka,Poindexter,Wille,and Chair Kanuha:9
du NOES: None. ,
q�j ABSENT: None.
Subscribed to and s before me is 2 9 day of 12V lJ l j_A.D.20 EXCUSED: •None. �y
,t' ��J t4 ' County Clerk
y4� _ County. Hawaii
Patricia'.Re; e,Notary P lic .f First Judicial Circuit,State of Hawaii
Hawaii
co is on expires: et 07,21 8 `���`� III r ii,i,� (HTH850136 2/27/16) _
Ad# 0000850136 -• T .\G• I � R��s'�'� SP.NO.: L.N.
Z. Q; NOTARY •.� '—
PUBLIC —
Comm.No.
86;467
''/`sTq�dF NP"P`\
/i'iirrrdlt``�
AFFIDAVIT OF PUBLICATION
IN THE MATTER OF }
COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO.'3,76-16 }
I
} • COUNT(OF HAWAII
} STATE OF HAWAII
I RESOLUTION NO.376-16
) ,A RESOLUTION AUTHORIZING THE ACQUISmON OF PRIVATE PROPERTY BY EMINENT
DOMAIN OF TAX MAP KEY: (31 2-4-019:127(PORTION),SITUATED AT WAIAKEA,
DISTRICT OF SOUTH HILO,COUNTY AND-STATE OF HAWAII,FOR THE KAWAILANI
KUTANI STREET).STATE OF HAWAIIIMPROVEMENTSPROJECT 'IWALANI STREET TO POHA �
} STREETTREET
I SS. ,
City and County of Honolulu } 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 Waikea,District of South Hilo,Island and County of Hawaii and State of
Hawaii Identified as Tax Map Key Number(3)2-4-019:127("The Property");and
Doc. Date: FEB 2 9 2018 # Page's: 1 ' WHEREAS,the County of Hawaii("County")will be making Improvements to
Kawailani Street,including the realignment of Alnaola Drive,widening of Kawailani
NotaryName: Patricia K. Reese First Judicial Circuit it Street and some of the feeder streets in addition to the installation of traffic signals
rpr at the intersections of Kawailani and'Iwaiani Streets,and Kawailani Street and
Affidavit of �����`�A;K,r�rr'�, (Improvements°F der l Aid Project No. STP-2760(2), COH Job No. T-3548
Doc. Description: ;`„s' . • _•• RFF •,, , WHEREAS,the Improvements will require the acquisition by the County of a
Publication :: <I • , . portion of The Property described in Exhibit"1"(legal description)and delineated
NOTARY . In Exhibit"2"(parcel map)attached hereto and made a part hereof,consisting of
,--PUBLIC; ;} •• _ approximately 1,079 square feet, more or less,and together with any adjacent
r. lands necessary for temporary construction purposes,including but not limited to
/7— / temporary easements for construction and operations, and storage and disposal
�4t[cri FEBFEB 2 9 2016 '. Comm.No. . areas;and
�' • 8667 • WHEREAS, the Improvements have been determined by the county as
tary ignature Date 'i,S'T,q ..•I••' �P�.• ` providing a public use and purpose which benefits the County;and
z �'OF N �� WHEREAS, it is,necessary for the County to acquire the above-described
'rrrr►rIIt Pty Property, which requires the County to invoke its condemnation powers in
completing the Improvements;and
Lisa Kaukani being duly sworn,deposes and says that she is a clerk,duly authorized to WHEREAS,Section 101 13 of the Hawaii Revised Statutes requires that a
execute this affidavit of Oahu Publications,Inc. ublisher of The Honolulul; condemnation action by the County must be authorized by a resolution of the
P Ii County Council;now,therefore,
Star-Advertiser,MidWeek,The Garden Island,West Hawaii Today,and Hawaii BE IT RESOLVED. BY THE COUNCIL OF THE COUNTY OF HAWAII that it is
Tribune-Herald,that said newspapers are newspapers of general circulation in the 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 roperty as
State of Hawaii,and that the attached notice is true notice as was published lin the described in the attached Exhibit'1°and delineated in the attached Exhibit'2'.
aforementioned newspapers as follows: ' BE IT FURTHER RESOLVED that the Corporation Counsel of the County of
I Hawaii be and'is hereby authorized and empowered to initiate proceedings In
Honolulu Star-Advertiser 0 times on: I 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
1 eminent domain, the Corporation Counsel be and is hereby authorized and
MidWeek 0 times on: 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
The Garden Island 0 times on: 'Honorable William Kenoi,Mayor of the County of Hawaii;(2)the Department of
Public Works; (3)Deputy Corporation Counsel Ronald Kim;(4)Finance Director
I Deanna Sako; (5) Don Richard Tua'au and Connie Asai Haimoto-Tua'au, 79
Alnaola Drive, Hilo,Hawai'i Hawaii Tribune-Herald 0 times on: 619081, allas,Texas 7526196720; and(6) Nationstar Mortgage LLC,P.O.Box
9741,
'Introduced by:
West Hawaii Today1 times on: ,VALERIE T.POINDEXYER
Council Member
02/27/2016 i I HEREBY CERTIFY that the foregoing resolution was duly passed on first reading by
the Council of the County of Hawaii at its meeting held on February 17,2016,by
Other Publications: 0 tittles on: the following Aye/No/Absent/Excused vote:
1
And that a ii ra r it nota arty t o in any Cvay inte AYES: Council Members Chung,David, Eoff,(lagan,Onishi,
sted in the above entitlI ed matter. Palette,Poindexter,Wills,and Chair Kanuha-9 ,
Iliw ( / /i � U NOES: None.
1 ` f�//I� ABSENT: None.
EXCUSED: None.
Lisa Kaukani - —- i ` County Clerk •
9� y f)v�(I J iui � f ,
County ofHawai'i-
Subscribed to and r before met is a o 1/ ItA CA.D.201. `i
Hawaii County is an Equal Opportunity Provider and Employer.
tc*t rt J � �� (WHT850404 2/27/16)
I
Patricia .Re-se,Notary P tic o�{h first Judicial Circuit,State of Hawaii
My co Imi :ion expires' et 07 0 ````�\
1%11116/,
My
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Ad# 0000850404 •Q..' '•' <(` ✓
(I .• 1 -• S� : SP.NO.: L.N.
NOTARY '.
PUBLIC —
Comml No .
86-4q