HomeMy WebLinkAboutDIG Eminent Domain RES 200-17 (2016-2018) COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 200-17
A RESOLUTION AUTHORIZING THE ACQUISITION OF AN EASEMENT ON AND
OVER PRIVATE PROPERTY BY EMINENT DOMAIN OF A PORTION OF
TAX MAP KEY NO. (3) 9-3-001-006, SITUATED AT PAKINI IKI, DISTRICT OF KA'G,
COUNTY AND STATE OF HAWAII, FOR AN EXPANDED MICROWAVE RADIO TOWER
SITE.
WHEREAS,the Estate of Bernice Pauahi Bishop is the fee simple owner of real property
situated at Pakini Iki, District of Ka`u, Island and County of Hawai`i and State of Hawai`i,
identified as Tax Map Key Number No. (3) 9-3-001-006 (the "Property"); and
WHEREAS, the County of Hawai`i ("County")presently has a microwave radio tower
site on a portion of the Property as shown on Exhibit"1" attached hereto and made a part hereof,
which is a critical part of the County's emergency and first responder network that is essential
for public health and safety; and
WHEREAS, the County needs to expand its present microwave radio tower site because
the existing radio tower on site has become badly corroded and the County urgently needs to
build a new tower to replace the corroded existing tower on site, using the expanded microwave
radio tower site shown on Exhibit"2" attached hereto and made a part hereof("Improvements");
and
WHEREAS,the County needs the expanded site for the Improvements so that it can
maintain the existing corroded radio tower on site as operational until the new radio tower is
ready to become operational in order to minimize the disruption of the County's emergency and
first responder network; and
WHEREAS, the Improvements will require the County to acquire an easement on and
over the portion of the Property consisting of the expanded microwave radio tower site as shown
on Exhibit"2" attached hereto and made a part hereof, consisting of approximately 2,150 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 an easement on and over the portion
of 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 public health
and safety purposes,to take, acquire and condemn an easement on and over the portion of the
Property 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 an easement on and over 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 Harry Kim,
Mayor of the County of Hawai`i; (2)the Civil Defense Agency of the County of Hawai`i; (3)
Deputy Corporation Counsel Ronald Kim; (4)the Finance Director; and(5) Marissa Harman,the
Land Assets Manager for Kamehameha Schools Bishop Estates.
Introduced by:
MAILE MEDEIROS DAVID
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 May 17, 2017, by the following
Aye/No/Absent/Excused vote:
AYES: Council Members Chung, David, Eoff, Kanuha, Lee Loy,
O'Hara, Richards, Ruggles, and Chair Poindexter—9.
NOES: None.
ABSENT: None.
EXCUSED: None. L�
unty Jerk
County of Hawai`i
Hawai`i County is an Equal Opportunity Provider and Employer.
(Hawai`i Tribune Herald—May 27, 2017)
(West Hawai`i Today—May 27, 2017)
A
AFFIDAVIT OF PUBLICATION '
•COUNTY OF HAWAII
IN THE MATTER OF } STATE OF HAWAII
RESOLUTION NO.200-17
COUNTY OF HAWAII }
A RESOLUTION AUTHORIZING THE ACQUISITION OF AN EASEMENT ON AND OVER
} PRIVATE PROPERTY BY EMINENT DOMAIN OF A PORTION OF TAX MAP KEY NO.(3)9-
} 3-001-006,SITUATED AT PAKINI IKI,DISTRICT.OF KA'U,COUNTY AND STATE OF
} HAWAII,FOR AN EXPANDED MICROWAVE RADIO TOWER SITE.-
} WHEREAS,the Estate of Bernice Pauahi Bishop is the fee simple owner of real
property situated at Pakini Iki,District of Ka'u,Island and County of Hawaii and
}
State of Hawaii, identified as Tari.Map Key Number No. (3)9-3-001-006(the
"Property,");and .
WHEREAS,the County of Hawaii("County")presently has a microwave radio
STATE OF HAWAII } tower site on a portion of the Property as shown on Exhibit"1"attached hereto and
}SS. made a hereof,which is a critical part of the County's emergency and first
responder network that is essential for public health and safety;and
City and County of Honolulu } WHEREAS,the County needs to expand its present microwave radio tower site
because the existing radio tower on site has become badly corroded and the County
urgently needs to build a new tower to replace the corroded existing tower on site,
MAY 3 0 2017 using the expanded microwave radio tower site shown on Exhibit"2" attached
Doc. Date: # Pages: 1 hereto and made a part hereof("Improvements");and
Patricia K. Reese WHEREAS,the County needs the expanded site for'the Improvements so that it
Notary Name: First Judicial Circuit It can maintain the existing corroded radio tower on site as operational until the new
a o i o i i i f i t l radio tower is ready to become operational in order to minimize the disruption of
Doc. Description: Affidavit •of ®``°��
,•,‘ GlRK. iy /Jo, the County's emergency and first responder network;and
• 'cc- rfi� 1:, WHEREAS,the Improvements will require the County to acquire an easement'on
• iS and over the portion of the Property consisting of the'expanded microwave radio
Publication 4 c^
NOTARY tower site as shown on•Exhibit "2" attached hereto and made a parthereof,
�Ui3llrc-3,-F:'.'
consisting of approximately 2,150 square feet,more or less,and`together with any
® : (.W P,,;;_. Se '; = adjacent lands necessary for temporary construction purposes,,including but not
limited to temporary easements for construction and operations,and storage and
1:21i
� / Co .ran. disposal areas;and
Cyt-A AY 3 ® 2011 %"...a.4-6 7 WHEREAS,the Improvements have been determined by the County as providing
otary ignature17Date '.•••,,,�°',,'17Z--OF
••�y.;,, .` a public use and purpose which benefits the County;and
/ '�'sd CF"111I�����\ uire an easement on and over
the portioWHERn of�the it labove-des abovs necessary for e-described whichhe County to cequires the County to invoke its
f condemnation powers in completing the Improvements;and
Gwyn Pang 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
condemnation action by the County must be authorized by a resolution of the
execute this affidavit of Oahu Publications,Inc.publisher of The Honolulu 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
necessary for the public use and purpose for the benefit of the County,to wit:for
Tribune-Herald,that said newspapers are newspapers of general circulation in the public health and safety purposes,to take,acquire and condemn an easement on
State of Hawaii,and that the attached notice is true notice as was published in the and over the portion of the Property delineated in the attached Exhibit"2."
aforementioned newspapers as follows: BE IT FURTHER RESOLVED that the Corporation Counsel of the County°of
Hawaii tie and is hereby authorized and empowered to initiate'proceedings in
Honolulu Star-Advertiser 0 times on: eminent domain,as provided by law,for the,taking,acquisition and condemnation
of an easement on and overthe 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 1
MidWeek 0 times on: 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 Harry Kim,Mayor of the County of Hawaii;(2)the Civil Defense Agency
of the County of Hawaii; (3) Deputy Corporation Counsel Ronald Kim; (4)the
Finance Director; and (5) Marissa Harman, the Land Assets Manager for
HawaiiKamehameha Schools Bishop Estates.
Tribune-Herald 1 times on:
Introduced by: ,
05/27/2017 . MAILE MEDEIROS DAVID -
West Hawaii Today 0 times on: Council Member
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 May 17,2017,by the
Other Publications: 0 times on: following Aye/No/Absent/Excused vote:
AYES: Council Members Chung, David,.Eoff, Kanuha,i
'
And that affiant is not a party Lee Loy, O'Hara, Richards, Ruggles, and Chair to or in any way interested in the above entitled matter. Poindexter-9.
NOES: . None.
ABSENT:XNone.
42-24-aEXCUSED: None.
Gwyn dg County Clerk
�w • County of Hawaii ,
Subscribed to an ' a before me thisdb day of " /` A.D.20/7
/1-/t� � Hawai'i County is an Equal Opportunity Provider and Employer.
I(HTH995829 5/27/17)
Patrici. .Re-se,Notary Pub o th first Judicial Circuit,State of Hawaii
��```itIllIip,/'
My ca i .ion expires:O 0 ,20 8 m !P, K. ✓,
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m
Ad# 0000995829 �?` `i' SP.NO.: L.N.
NOTARY . :.
® PUBLIC
Comm.No. -
,: F36-457 w
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f
AFFIDAVIT OF PUBLICATION
IN THE MATTER OF } COUNTY OF HAWAII '
COUNTY OF HAWAII } STATE OF HAWAII
RESOLUTION NO.200-17
} A RESOLUTION AUTHORIZING THE ACQUISITION OF AN EASEMENT ON AND OVER
} PRIVATE PROPERTY BY EMINENT DOMAIN OFA PORTION OF TAX MAP KEY NO.(3)9-
} 3-001-006,SITUATED AT PAKINI IKI, DISTRICT OF KA'U,COUNTY AND STATE OF
} HAWAII,FOR AN EXPANDED MICROWAVE RADIO TOWER SITE. ,
} WHEREAS,the Estate of Bernice Pauahi Bishop is the fee simple owner of real
property situated at Pakini Iki,District of Ka'u,Island and County of Hawaii and
State of Hawaii, identified as Tax Map Key Number No. (3)9-3-001-006(the
STATE OF HAWAII } "Property");and
WHEREAS,the County of Hawaii("County")presently has a microwave radio
}SS. tower site on a portion of the Property as shown on Exhibit"1"attached hereto and
City and County of Honolulu } made a part hereof,which is a critical part of the,County's emergency and first
responder network that is essential for public health and safety;and
WHEREAS,the County needs to expand its present microwave radio tower site
MAY 3 0 2017 because the existing radio tower on sitehas become badly corroded and the County
Doc. Date: # Pages: 1 urgently needs to build a new tower to replace the corroded existing tower on site,
using the expanded microwave radio tower site shown on Exhibit"2".attached
Notary Name: Patricia K. Reese First Judicial Circuit hereto and made a part hereof("Improvements");and
1 r o i I r s r WHEREAS,the County needs the expanded site for the Improvements so that it
p'•�zl
,s,.% o can maintain the existing corroded radio tower on site as operational until the new
�• Affidavit of
®®�, Deg�ri ;a; �`'�s\r,1R... ,c),6.,,,, radio tower is ready to become operational in order to minimize the disruption of
• c1, ,. the County's emergency and first responder network;and
Publication �?° •• 0 : WHEREAS,the Improvements will require the•County to acquire an easement on
NOTARYand over the portion of the Property consisting of the expanded microwave radio
'UB,LIQ
,; , . tower site as shown on Exhibit "2" attached hereto and made a part hereof,
• Z consisting of approximately 2,150 square feet,more or less,and together with any
G � lMAY 3 0 2017 me Comm.No.86-467 ® adjacent lands necessary for temporary construction purposes, including but not
limited to temporary easements for construction and operations,and storage and.
e', .,T • .••••' ,� ,' disposal areas;and
ota Signature Date • /./ —171z-OF Hi,��s. WHEREAS,the Improvements have been determined by the County as providing
•,, , :111 t q,0 a public use and purpose which benefits the County;and
WHEREAS,it is necessary for the County to acquire an easement An and over
Gwyn Pangbeingdulysworn,deposes and says that she is a clerk,dulyauthorized to the d portionmaofthe
powers iabovn completingletin the ,which requires the County to invoke its
p y condemnation in the Improvements;and •
execute this affidavit of Oahu Publications,Inc.publisher of The Honolulu WHEREAS, Section 101-13 of the Hawaii Revised Statutes requires that a
Star-Advertiser, condemnation action by the County must be authorized by a resolution of the
MidWeek,The Garden Island,West Hawaii Today,and Hawaii
County Council;now,therefore,
Tribune-Herald,that said newspapers are newspapers of general circulation in the BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is 1
State of Hawaii,and that the attached notice is true notice as was published in the necessary for the public use and purpose for the benefit of the County,to wit for
public health and safety purposes,to take,acquire and condemn an easement on
aforementioned newspapers as follows: and over the portion of the Property delineated in the attached Exhibit"2."
Honolulu Star-Advertiser 0 times on: 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 an easement on and over the aforesaid portion of the Property.
BE IT FURTHER RESOLVED that in the process of said proceedings in eminent
MidWeek 0 times on: 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. '
The Garden Island 0 times on: 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 Harry Kim,Mayor of the County of Hawaii;(2)the Civil Defense Agency
of the County of Hawaii; (3) Deputy Corporation Counsel Ronald Kim; (4)the
Hawaii Tribune-Herald 0 times on: Finance Director, and (5) Marissa Harman, the Land Assets Manager for
Kamehameha Schools Bishop Estates.
Introduced by: • .
West Hawaii Today 1 times on: MAILE MEDEIROS DAVID - •
Council Member
05/27/2017 I HEREBY CERTIFY that the foregoing resolution was duly passed on first reading by,
Other Publications: 0 times on: the Council of the County of Hawaii at its meeting held orr May 17,2017,by the
following Aye/No/Absent/Excused vote:
And that affiant is not a party to or in any way interested in the above entitled matter. AYES: Council Members Chung, David, Eoff, Kanuha,
Lee Loy,' O'Hara, Richards, Ruggles,'and Chair
1 �/� Poindexter 9.
�� / arto,, NOES: None.
ABSEGwy ang EXCUSED: None. •
7
Subscribed to and s.'o before me this&& da of /IIA.D.20 /7 , County Clerk
County of Hawaii
r' 44.4.t. 1/4. / Hawaii County is an Equal Opportunity Provider and Employer.
Patricia K.Ry-se,Notary Pub c of t - F. st Judicial Circuit,State of Hemp (WHT996484 5/27117)
`®`eO�Ylil9Oil/
I My co i: ion expires:.O 07,20 8 00 SOP' K. ,b� rj
Ad# 0000996484 -.7.. '•
•NOTARY ``• �` r SP.NO.: L.N.
— uB!PUBLIC • =
• Comm.No. '
,� r
86-457
F;1 111111�,�