HomeMy WebLinkAboutRES 563 Draft 01 1969-1972County of Hawaii—State of Hawan
Resolution No. 563
PROVIDING FOR THE ACQUISITION OF LAND FOR THE WAIOHINU FLOOD CONTROL
PROJECT, IN WAIOHINU, DISTRICT OF KAU, COUNTY AND STATE OF HAWAII.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
I.
That it is necessary, for the public use and purpose, to wit:
providing for drainage channel improvement, Waiohinu Flood Control
Project, in Waiohinu, District of Kau, County and State of Hawaii,
to take, acquire, and condemn certain land with all improvements there-
on and appurtenances thereunto belonging, in fee simple absolute, free
and clear of all liens and encumbrances, hereinafter described and to
that end and for these purposes the Corporation Counsel of the County
of Hawaii be and he is hereby authorized and empowered toinitiate
proceedings in eminent domain, as provided by law, for the taking.
acquisition and condemnation of the lands described in Exhibits I thru
XI, attached hereto and made a part hereof.
II.
That in the process of said proceedings in eminent domain, said
Corporation Counsel be and he is hereby authorized and empowered to
negotiate terms of settlement, subject to the approval of this Council
and of the Court before which such proceedings are prosecuted.
COUNCILMAN, C
Hilo, Hawaii
Date of Introduction: October 11, 1972
Date of Adoption: October 25, 1972
I HEREBY CERTIFY that the foregoing resolution was duly passed
on first reading by the Council, County of Hawaii, at its meeting held
October 11, 1972 , by the following Aye and No vote:
AYES: Councilmen Carpenter, De Luz, Edwards, Greenwell, Hisaoka,
Souza, Yadao, Yamada and Chairman Ma.tayoshi - 9.
NOES: None.
EXCUSED: None.
ABSENT AND EXCUSED: None.
County Clerk, County of H aii
* Exhibits 1 thru 10 are attached to the original on file at the
Office of the County Clerk, County Building, 25 Aupuni Street, Hilo, Hawaii
and may be examined at said office.
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by the vote indicated to
the right hereof adopted by the COUNCIL of the County of Hawaii on.
...---.--.October October -25J...197
-------------- ---•
ATTEST:
•._ Tadashi Suzuki
COUNTY CLERK
erbert T. Matayoshi
CHAIRMAN & PRESID G OFFICER
ROLL CALL VOTE
Reference: .... C.— 21 3 2./PWC......89...........
M.B. No. ...( ......i..... ........ ...........................
563 ...........
RESOLUTION NO. ....................................
AYES NOES A/E
Carpenter
X
De Luz
X
Edwards
X
Greenwell
X
Hisaoka
X
Souza
X
Yadao
X
Yamada
X
Chr. Matavoshi
X
Reference: .... C.— 21 3 2./PWC......89...........
M.B. No. ...( ......i..... ........ ...........................
563 ...........
RESOLUTION NO. ....................................
V 10ow m
PROVIDING FOR THE ACQUISITION
OF LAND FOR THE WAIOHINU FLOOD
CONTROL PROJECT, IN WAIOHINU;
DISTRICT OF KAU, COUNTY AND
STATE OF HAWAII.
BE IT RESOLVED BY THE COUNCIL OF
THE.000NTY`OF HAWAII:
That it is necessary, for the public use
and purpose, to wit: providing for
drainage channel improvyment; Waiohinu
Flood Control Proiect, in: Waiohinu,
District of Kau, County, and .: Stote of
Hawaii, to take, ,acquire, and condemn
certain land with all Improvements
thereon "and .appurtenances thereunto
belonging, in'fee simple absolute; free and
clear 'of 'all liens and 'encumbrances,
hereinafter described and to that end and
for these purposes the Corporation' Counsel
of the County of Hawaii be and he is hereby
authorized and' empowered to 'initiate
proceedings in eminent domain, as
provided by law, for the faking; acquisition.
'and condemnation of the lands described
in Exhibits I thru XI, attached hereto and
made a part hereof.
> IL
That in the process of said proceedings
in eminent domain, said 'Corporation
Counsel be and he is hereby authorized and
empowered to negotiate terms of set-
tlem'ent, subject tothe the approval of this
Council and o( the Court before which such
proceedings pre prosecuted.
INTRODUCED BY:
Dante K. Carpenter
COUNCILMAN,
COUNTY OF HAWAI I
Hilo, Hawaii
Date of Introduction: October 11, 1972
I HEREBY CERTIFY that the
foregoing resolution was duly, passed on
.first reading by the Council, County of
Hawaii, at its meetrng held October 11,
1972, by the following Aye and No vote:
AYES: Councilmen Carpenter; De Luz,
Edwards, Greenwell, Hisaoka, Souza,
Yadao, Yamada and Chairman Matayoshi
- 9.
NOES: None
EXCUSED: None
ABSENT AND EXCUSED; None -
Tadashi Suzuki
County Clerk,
County of Hawaii
Exhibits 1 thru 10 are attached to the
original on file at the -Office of the County
Clerk, County Building, 25 Aupuni Street,
Hilo.,Hawaii and may be examined at said
office.
(192—Hawai(an Tribune -Herald:
Oct. ,17, 1972.)
WAIOHINU DRAINAGE IMPROVEMENTS
PARCEL 1
LAND SITUATED ON THE NORTHEASTERLY SIDE OF MISSION ROAD
AT WAIOHINU, KA'U, ISLAND OF HAWAII, HAWAII
Being the Whole of Land Commission Award 7600 Apana l'to Keawe
EXHIBIT I
Beginning
at a "+" on a rock at the East corner of this parcel of land
on the
Northeasterly
side of Missiory Road,
the coordinates of which referred to
Government Survey
Triangulation Station "PUU-A--AO" being 56.02 feet South and
3,757:42 feet East
and running by azimuths
measured clockwise from true South:
1.
550 23'
3011225.59 feet
along the Northeasterly side -of
Mission Road;
2.
144° 04'
169.70 feet
along Land Commission Award 387,
Part 4, Section 4, Agana 1 to
American Board of Corunissioners for
Foreign jiissions;
3.
1430 10'
2011 4.00 feet
along Land Co=ission Award 387,
Part 4, Section 4, Apana 1 to
American Board or Commissioners for
Foreign Missions;
4.
2440 00'
111.50 feet
along Land Commission Award 387,
Part 4, Section 4, Apana I to
American Board of Conunissioners for
Foreign Missions;
5.
2190 55'
101.60 feet
along Land Commission Award 387,
Part 4, Section 4, Apana 1 to
American Board of Commissioners for
Foreign Missions;
EXHIBIT I
6. 318° 43' 3011
t EEGISTEILED
LAND
SCEYEYOE i
1
No. 501-S
It,
tl, v•
June 16, 1972
185.32 feet along Land Commission Award 387, Part
4, Section 4, Apana I to American
Board of Commissioners for Foreign
Missions (Partly along Parcel 2) to
the point of beginning and containing
an area of 0.839 acre.
AUSTIN, SMITH & ASSOCIATES, INC.
Description Prepared by:
r�,/ •
f
ichard G. Towill
Registered Professional Surveyor
Certificate No. 501-S
•
-2-
WAIOHINU DRAINAGE IMPROVEMENTS
PARCEL 2
LAND SITUATED AT WAIOHINU, KA'U, ISLAND, OF HAWAII, HAWAII
Being a Portion of Royal Patent 1958, Apana 19, Land Commission
Award 887, Part 4, Section 4, Apana 1 to American
Board of Commissioners for Foreign Missions -
Beginning at a "+" on
a rock at the South corner... of this parcel of land
being also the East corner of
Land Commission Award 7600 Apana i to Keawe, the
coordinates of which referred
to Government Survey .Triangulation Station
"PUU-A-AO" being 56.02 feet South
and 3,757.42 fee:. East and running by azimuths
measured clockwise from true
South
1. 1380 43' 30"
109.59 --e`t along Land Co=issicn Awad 7600
Adana 1 to Kea:tie (along Parcel. 1) ;
2. 233° 00'
93.41 feet along reg ainde r of Lard Co::Missier:
Z%w—rd ^31 , �µr -i, J2C-1C:: �, np ^:a
1 to A:erican Beard of Ccissiorers
for ere -a ::'.ss:or.s;
3. 3230 00'
111.79 r_et a; c,r� re.��_r, r cf i and Cc ~i s s i c n
A-, and 357, Part 4, Sect�cn ., �_oa^a
1 to `meric n Board of Co - issicners
for Fc_ei gn:issicns;
4. 54° 41'
85.28 feet along the Cove rnm nt (Cro,.-n) Land of
Waiohinu.(along parcel 3) to the point
of.beginning and containing an area of
0.227 acre.
-TF"�
REGIS
Ai1S`f I;y , S:`iI �H & ASSOCIATES, INC.'
LAND
Sl'RV Y oR
Description Prepared by:
Kic`.�ard G. Towill.
Registered Professional Surveyor
June _- :v 1972 _ __ __
. -CP .r.t-i_fi.ra ',
Tax Map Key: 9-5-03-60
EXHIBIT II
WAIOHINU'DRAINAGE IMPROVMENTS
PARCEL 4
LAND SITUATED ON THE SOUTHEASTERLY SIDE OF MISSION ROAD
AT WAIOHINU, KA'U,'ISLAND OF HAWAII, HAWAII
Being a Portion of Royal Patent 6592, Land Commission
Award 10707, Apana 1 to Keliimakalii
EXHIBIT III
Beginning at the East
corner of this parcel of land being also the North
corner
of Land Commission Award 10307, Apana 1 to I, the coordinates of which
referred to Governm:nt Survey
Triangulation Station "PUU--A-AO" being 267.92 feet
South
and 3,928.14 feet East and running by azimuths measured clockwise from true
South:
1.
570 01'
161.00 feet along Land. Commission Award 10307 to
I (along Parcel 6) ;
2.
520 05'
27.00 feet along Kamehameha IV Deed to C.N.
Spencer;
3.
1160 25'
160.00 feet along remainder of Land Commission
Award 10707 Apana 1 to Keliimakalii;
4.
98° 20'
131.77 feet along remainder of Land Co=ission
Award 10707 Apana 1 to Keliizr�akalii;
5.
2340 25'
311.70 feet along the Southeasterly side of
Mission Road;
EXHIBIT III
6. 3130 29' 243.30 feet along the Government (Crown) Land of
Waiohinu to the point of beginning
and containing an area of 1.265 acres.
AUSTIN, SMITH & ASSOCIATES, INC.
RD G. ?'p Description Prepared by:
REGISTERED C
!
LAND •
• SURVEYOR
No. 501-S
R ' chard G. Towill
Registered Professional Surveyor
�\A
lit t. S. ��
-� Certificate No. 501-S
June 16, 1972
Tax Map Key: 9-5-01-16
-2-
WAIOHINU DRAINAGE IMPROVEMENTS
PARCEL 6
LAND SITUATED AT WAIOHINU, KA'U, ISLAND OF HAWAII, HAWAII
Being a Portion of Royal Patent 3208, Land Commission Award 10307 to I
Beginning at the North . corner of this parcel of land being also the East
corner of Land Commission Award 10707 Apana'l to Keliimakalli, the coordinates
of which referred to Government Survey Triangulation Station "PURI -A -AO" being
267.92 feet South and 3,928.14 feet East and running by azimuths measured clock-
wise from true South:
1. 3110 07' 30" 208.00 feet along the Government (Crown) Land
20 49'01
091,
3.. 1510
41'
4.. 237°
01,
June 16, 1972
Tax Map Key: 9-5-01-17
of Walohinu;
239.21 feet along remainder of Land Cc=ission
n
Award 10307 to I (along Parcel 7);
233.57 feet along Ka=ehameha IV Deed to C. N.
Spencer;
161.00 feet along Land Co=ission Award 10707
Apana I to Keliim.2--kal-ii (along
Parcel 4) to the point of
and containing an area of 0.995 acre.
AUSTIN, SMITH & ASSOCIATES, INC.
Description Prepared by:
•
9C
A-E i chard G. 'IorLill
Registered Professional Surveyor
Certificate No. 501-S
~EXHIBIT IV
WAIOHINU DRAINAGE IMPROVEMENTS
PARCEL 7
LAND SITUATED AT WAIOHINU,- KA'U, ISLAND OF HAWAII, HAWAII
Being a Portion of Royal Patent 3208 Land Commission Award 10307 to.I
Beginning at the East corner of.this parcel of land being also the North
corner of Land Commission Award 9174 Apana I to Keaweheana 2, the coordinates of
which referred to Government Survey Triangulation Station "PUU-A-AO" being 485.05
feet South and 4,Ii�.81 feet East and running by azimuths measured clockwise
from true South:
1. 500 23' 275.77 feet along Land Commission Award 9174
2. 1480 45'
3. 2290 09'
4. 3110 07' 30"
CIS f
LA
`1
SURN'E oa
June 16, 1972
Tax Map Key: 9-5-01-38
Apana 1 to Kea��-eneara 2 (partly along
Parcel 8)
116.63 feet along1""ai-ehameha IV Deed to C. N.
Spencer;
239.21 feet aic:� _ = ear ^d��r of T end Co�,.�issicn
Award 1030 7 to I (a=crag ?arcel 6) ;
122.13 feet a c in� t.• �:� � �:r..�c_t LI.� C::�?� T 2_^.�. OS
'Aeric -4 -nu to th -cin-%- of
and containing an area or 0.697 acre.
AUSTI3, SMITH & ASSOCIATES, INC.
Description Prepared by:
Richard G. 'i orrill
Registered Professional Surveyor
Certificate 'N'o. 501-S
EXHIBIT V
WAIOHINU DRAINAGE IMPROVEMENTS
PARCEL 8
LAND SITUATED AT WAIOHINU, KA'U, ISLAND OF HAWAII, HAWAII
Being a Portion of Royal Patent 6453, Land Commission Award
9174, Apana 1 to Keaweheana 2
Beginning at the North corner of this parcel of land being also the East
corner of Land Commission Award 10307 to I, the coordinates of .which referred to
Government Survey Triangulation.Statidn "PUU--A-AO" being 485.05 feet South and
4,176.81 feet East and running by azimuths measured clockwise from true South:
1. 316° 23' 30" 239.27 feet along the Government (Crown) Land
of TA'aiohinu;
2. 45* 00' 9.4.46 feet along remainder of Land Co=ission
r
Award 9174, Apana 1 to Keakeheana 2
(along Parcel 9);
3. 131° 30' 106.47 feet along remainder of Land Co=ission
Award 9174, Apana 1 to Keaweneana 2;
thence along remainder of Land
Commisslcn A al'u y1 � ? _=.` =:1c3 1 to
Kea�-,eheana 2 on a curve to the
right with a radius or 2,503.75 meet,
the chord azimuth and distance being:
4. 133° 08' 32" 143.51 feet;
5. 2300 23' 111.92 feet along Land Commission Award 10301 to
I (along Parcel 7) to the point of
�. beginning and containing an area of
0.585 acre.
r: c: -s nFo Ni AUSTIN, SMITH & ASSOCIATES, INC.
# j) ! ` '
7 j
Descrit- n Prepay d by:
r 4 f r
t,_..l' 'Richard G Towill
Registered Professional Surveyor
June 16, 1972 Certificate No. 501-S
Tax Map Key: 9-5-01-25 EXHIBIT VI
WAIOHINU DRAINAGE IMPROVEMENTS
PARCEL 9
LAND SITUATED AT WAIOHINU, KA'U, ISLAND OF HAWAII, HAWAII
Being Portions of Royal Patent 6453, Land Commission Award
9174, Apana 1 to Keaweheana 2
and
Land Patent S-8549, Land Commission Award 10683 to D. Pipi
Beginning at the East corner of this parcel of land being also the North
corner of Parcel 10 of the Waiohinu Drainage Improvements, the coordinates of
which referred to Government Survey Triangulation Station "PL -U -A -AO" being 867.82
feet South and 4,541.41 -feet East and running by azimuths measured clockwise from
true South:
1. 330. 30' 30" 70.29 feet along remainder of Land Cc=issicn
Award 10683 to D. Pipi (among Parcel 10)
2. 131° 30' 303.84 feet along remainders of Lard Cc ission
Award 10683 to L. Pioi and Land
Co=ission A-,.�ard 9.1— x, Apana 1 to
Keaweheane 2;
3. 2250 00' 94.46 feet along remainder of Land Commission
Award 9174, Apana 1 to Keaweheana
2 (along Parcel 8)
EXHIBIT VII
4. 3160 23' 30"
# pEGISTE
Ut N D
y SUBS EYQR.
No. 501-5 / 1
June 16, 1972
Tax Map Key: 9-5-01-44
289.35 feet along the Government (Crown) Land of
Waiohinu to the point of beginning `
and containing an area of 0.558 acre.
AUSTIN, SMITH & ASSOCIATES, INC.
Description Prepared by:
•
Richard G. Towill
Registered Professional Surveyor
Certificate No. 501-S
-2-
WAIOHINU DRAINAGE IMPROVEMENTS
PARCEL 10
LAND SITUATED AT WAIOHINU, KA'U, ISLAND OF HAWAII, HAWAII
Being a Portion of Land Patent S-85499
Land Commission Award 10683 to D. Pipi
Beginning at the East corner of this parcel of land being also the North-
west corner of Parcel 11 of Waiohinu Drainage ?mprovements, the coordinates of
which referred to Governnent'Survey Triangulation Station "PUU-A-AO" being 917.82
feet South and 4,5^0.94 feet East and running by azimuths measured clockwise from
true South:
1. 33° 301' 30" 64.10 feet along remainder of Land Commission
Award 10683 to D. Pipi (along Parcel
2. 131° 30'
3. 2130 - 30' 30"
4. 3160 23' 3011
J j REGNT`c.MCD
• S'.::","EYi18
. 1
tA 1!, v• w;:='
June 16, 1972
Tax Map Key: 9-5-01-27
11);
70.69 feet along remainder of Lard Commission
Award 10683 to D. Pipi;
7.0.29 feet along remainder of Land Ccn4missivr
Award 10683 to D. Pipi (along Par:.el
9);
71.81 feet along the Government (Cro-wn) Lard of
Waiohinu to the point of beginnin7
and containing an area of 0.103 acre.
AUSTIN, SMITH & ASSOCIATES, INC.
Description Prepared by:
P P
Richard G. T will
Registered Professional Surveyor
Certificate- i o . 501-S
EXHIBIT VIII
WAIOHINU DRAINAGE IMPROVEMENTS
PARCEL 11
LAND SITUATED AT WAIOHINU, KA'U, ISLAND OF HAWAII, HAWAII
Being a Portion of Land Patent S-8549,
Land Commission Award 10683 to D. Pipi
Beginning at the
East corner of this parcel of'land being also the North
corner of Waiohinu Park,
the coordinates of which referred to Government Survey
Triangulation Station_"PUU-A-AO" being 1,163.12 feet South and 4,882.35 feet East
and running by azimuths measured clockwise from true South:
1. 350 57'
58.18 feet along remainder of Land Co=ission
Award 10683 to D. Pipi (along Parcel
12);
thence along rer:ainder of Land Cem-
mission 10683 to D. Pioi on a curve
to the right with a radius Cf
45221.00 feet, the chord azimuth and
distance beirg
2. 1280 58' 15"
372.53 feet;
3. 1310 30'
4.00 feet along reg inder of Land Cc=issi;;n
Award 10683 to D. Pi of
4. 2130 30' 30'i
64.10 feet along remair_c'er of Land C=I issior
Award 10683 to D. Pipi (along Parte_
10);
EXHIBIT IX
5. 309* 51' 3011
i;.D G.
REGISTERED
LAND
SURVEYOR
501-S
/W
10
fit
June 16, 1972
Tax.Map Key: 9-5-01-28
379.62 feet along the Government (Crown) Land of
Waiohinu to the point of beginning and
containing an area of 0.553 acre.
AUSTIN, SMITH & ASSOCIATES, INC.
Description Prepared by:
Richard G. Towill
Registered Professional Surveyor
Certificate No. 501-S
•
6
-2-
I
WAIOHINU DRAINAGE IMPROVEMENTS
PARCEL 14
LAND SITUATED AT WAIOHINU, KA'U,,ISLAND OF HAWAII, HAWAII
Being Portions of Royal Patent 6349,
Land Commission Award 7600-B to Keawe 2
and
Royal Patent 6473, Land Commission Award 9218,
Apana 2 to Kanewa
EXHIBIT X
Beginning at
the Northwest corner of this parcel*of land being also the
East
corner of
Governor's Executive Order'193 (Wa�k;hinu Park), the coordinates of
which
referred
to Government
Survey Triangulation Station "PL'U-A-AO" being 1,414.26
feet
South and
5,227.06
feet
East and running by azimuths measured clockwise from
true
South:
1.
305°
16'
40"
344.32 feet along the Government (Crown) Lana of
Waiohinu;
2.
3020
26'
55"
59.16 feet a1cng the Government (Crown) Lard cf
Waiohi.nu;
3.
380
58'
09"
52.58 feet along remainder of Land Com_ission
Award 9218, Apana 2 to Kanewa (along
Parcel 15) ;
4.
1250
00'
405.34 feet along remainders of Land CorLm-issi.on
9218, Apana 2 to Kanewa and Land
Commission Award 7600-B to Keawe 2;
EXHIBIT X
5. 221' 09' 51.79 feet along Governor's Executive Order 193
(along Parcel 13) to the point of
beginning and containing an area of
0.471 acre.
/gD G.� AUSTIN, SMITH &.ASSOCIATES, INC.
tsrE'iED �',��`. Description Prepared by:
B G
L N* D
. SURVEYOR
No. 501-S
�y, S• Richard ' G . Towill
�\A j �, U• " Registered Professional Surveyor
Certificate No. 501-S
June 16, 1972
Tax Map Key: 9-5-01-32
i
s
t
—2—
WAIOHINU DRAINAGE IMPROVEMENTS
PARCEL 15
LAND SITUATED AT WAI OH IMM , KA' U , ISLA�1tD OF HAWAII, HAWAII
Being a Portion of Royal Patent x,473, Land Co=ission
Award 9218, Apana 2 to Kanewa
Beginning at the Northwest corner of this parcel of land being also the
Northeast corner of Parcel 14 of the Waiohinu Drainage Improvements$ the coo-_C_';_-
nates
oo: i -
nates of which referred to Government Survey Triangulation Station "PUU-A-__'110"
being 1,644.8.6 feet South and 5,558.06 feet East and running by aziMuths =za--
scared clockwise from true South:
1. 3020 26' 55" 415.38 feet along the Goverr_mznt {CrLk-n� _sic
of Waiohinu;
2 3.010 55' 237.56 feet a l ona .::e G^ve''ni' en t- (Crz-.
! oL
then c a 0r- - _ _ -
i
i
3. 1500 13' 18" 353.» feet;
i mission 0-211S, _-'•-,ani 2 _c
Kanewa on a curve ro _ Deft
radius of 979.00 feet,
azimuth and distance being:
4. 1250 39' 13" 22.34 feet;
EXHIBIT XI
5. 125.* 001
6, 218* 58' 0911
Go
0
REGISTERED #40
LAND
SURVEYOR
No. 501-S
June 16, 1972
Tax.Map Key: 9-5-01-36
24059 feet along remainder of Land Commission
Award 9218, Apana 2 to Kanewa;
52,58 feet along remainder of Land Commission
Award 9218, Apana 2 to Kanewa (along
Parcel 14) to the point of beginning
and containing an area of 1.035 acres.
AUSTIN, SMITH &.ASSOCIATES$ INC.
Description Prepared by:
Richard GTowill
Registered Professional Surveyor
Certificate No. 501-S
.2-