Hawaii's State Legals & Public Notices

NOTICE

Honolulu Authority for Rapid Transportation

RESOLUTION NO. 2017-6

AUTHORIZING THE ACQUISITION OF A FEE SIMPLE INTEREST, TEMPORARY CONSTRUCTION EASEMENTS (TCEs) AND A PERMANENT UTILITY EASEMENT IN THE REAL PROPERTY IDENTIFIED AS TAX MAP KEYS 1-2-013-020 AND 1-2-013-021 (PORTIONS), LOCATED AT 2323 AND 2339 KAMEHAMEHA HIGHWAY HONOLULU, HAWAII 96819, AND OWNED BY FIRST HAWAIIAN BANK BY EMINENT DOMAIN

WHEREAS, the Honolulu Authority for Rapid Transportation (HART) has been established pursuant to Article XVII of the Revised Charter of the City and County of Honolulu 1973, as amended (Charter); and
WHEREAS, Section 17-103.2(b) of the Charter empowers HART “to acquire by eminent domain. . . all real property or any interest therein necessary for the construction, maintenance, repair, extension or operation of the fixed guideway system;” and
WHEREAS, the City Council approved or did not object to the acquisition of the real property identified as Tax Map Keys (TMKs) 1-2-013-020 and 1-2-013-021 (Portions) by eminent domain in fee simple interest, TCEs, and a Permanent Utility Easement after written notification by HART; and
WHEREAS, the acquisition by eminent domain in fee simple of the above-identified real property, which is more particularly described in the attached legal description marked as Exhibit A, is necessary for the Honolulu Rail Transit Project fixed guideway system, a valid public use and purpose;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of HART as follows:
1. That acquisition by eminent domain in fee simple interest, TCEs, and a Permanent Utility Easement of the real property identified as TMKs 1-2-013-020 and 1-2-013-021 (Portions) is hereby authorized and the Corporation Counsel of the City and County of Honolulu is empowered to institute eminent domain proceedings as provided by law for the acquisition thereof; and
2. That the acquisition of the above-identified property by eminent domain is determined and declared to be for a valid public use and purpose as aforesaid; and
3. That the acquisition of the above-identified property by eminent domain is determined and declared to be necessary for the aforesaid public use and purpose; and
4. That in the process of said proceedings in eminent domain, the Corporation Counsel is authorized and empowered to negotiate terms of settlement, subject to the approval of HART and/or the Court before which such proceedings are commenced; and
5. That the Board Administrator be directed to transmit copies of this resolution to HART and the Department of the Corporation Counsel.

ADOPTED by the Board of the Honolulu Authority for Rapid Transportation on _____________________.

___________________________
Board Chair

ATTEST:
______________________________
Board Administrator

Exhibit A – Legal Description of TMKs 1-2-013-020 and 1-2-013-021 (Portions)

Parcel 314
Being a Portion of Lot 3-A-1 (Map 4) of Land Court Application 855
SITUATEAT KALIHI-KAI, HONOLULU, ISLAND OF OAHU, HAWAII

Beginning at the Southeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station “HAUIKI” being 4,463.22 feet South and 3,981.11 feet West, thence running by azimuths measured clockwise from true South:
1. Along the Remainder of Parcel 314, on a curve to the right with a radius of 15.00 feet, the chord azimuth and distance being:
94° 00’ 40.5″ 9.81 feet;
2. 113° 06’ 11.72 feet along the Remainder of Parcel 314;
3. Thence along the Remainder of Parcel 314, on a curve to the right with a radius of 15.00 feet, the chord azimuth and distance being:
131° 28’ 43″ 9.46 feet;
4. 292° 40’ 29.96 feet along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4)) to the point of beginning and containing an area of 75 Sq. Ft., more or less.

Easement A
For Access and Utility Purposes
Affecting Lots 76 and 77 (Map 79) of Land Court Application 258, and
a Portion of R.P. 604, L.C. Aw. 803, Ap. 4 to A. Adams
and Mahele Award No. 50, Ap. 4 to Laumaka
In Favor of HECO
SITUATE AT KALIHI-KAI, HONOLULU, ISLAND OF OAHU, HAWAII

Beginning at the Northeast corner of this easement, along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4)), the coordinates of said point of beginning referred to Government Survey Triangulation Station “HAUIKI” being 4,397.67 feet South and 4,144.44 feet West, thence running by azimuths measured clockwise from true South:
1. 22° 15’ 11.36 feet;
2. 114° 46’ 23.60 feet;
3. 79° 45’ 22.66 feet;
4. 49° 22’ 1.88 feet;
5. Thence, on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being:
35° 53’ 30″ 9.32 feet;
6. 22° 25’ 8.75 feet;
7. Thence, on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being:
49° 08’ 26.97 feet;
8. 75° 51’ 61.59 feet;
9. Thence, on a curve to the left with a radius of 95.00 feet, the chord azimuth and distance being:
69° 03’ 45″ 22.46 feet;
10. Thence, on a curve to the right with a radius of 65.00 feet, the chord azimuth and distance being:
87° 53’ 15″ 56.20 feet;
11. 113° 30’ 2.10 feet;
12. 29° 12’ 38.86 feet;
13. 119° 12’ 50.00 feet;
14. 209° 12’ 40.00 feet;
15. 299° 12’ 26.89 feet;
16. 209° 12’ 6.60 feet;
17. 293° 30’ 24.33 feet;
18. Thence, on a curve to the left with a radius of 55.00 feet, the chord azimuth and distance being:
267° 53’ 15″ 47.55 feet;
19. Thence, on a curve to the right with a radius of 105.00 feet, the chord azimuth and distance being:
249° 03’ 45″ 24.82 feet;
20. 255° 51’ 61.59 feet;
21. Thence, on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being:
229° 08’ 17.98 feet;
22. 202° 25’ 8.75 feet;
23. Thence, on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being:
215° 53’ 30″ 13.98 feet;
24. 229° 22’ 4.45 feet;
25. Thence, on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being:
237° 38’ 06.5″ 8.63 feet;
26. Thence along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4)), on a curve to the right with a radius of 2,975.03 feet, the chord azimuth and distance being:
289° 59’ 51.5″ 6.27 feet;
27. 202° 12’ 06.6″ 8.66 feet along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4));
28. 292° 40’ 39.16 feet along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4)) to the point of beginning and containing an area of 4,665 Sq. Ft., more or less.

Easement B
For Utility Purposes
Affecting Lots 76 and 77 (Map 79) of Land Court Application 258
In Favor of HART
SITUATE AT KALIHI-KAI, HONOLULU, ISLAND OF OAHU, HAWAII

Beginning at the East corner of this easement, along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4)), the coordinates of said point of beginning referred to Government Survey Triangulation Station “HAUIKI” being 4,441.28 feet South and 4,040.02 feet West, thence running by azimuths measured clockwise from true South:
1. 22° 40’ 6.80 feet;
2. 91° 11’ 21.54 feet;
3. 99° 58’ 27.37 feet;
4. 107° 04’ 78.32 feet;
5. 81° 39’ 75.37 feet;
6. 80° 26’ 97.19 feet;
7. 292° 40’ 10.33 feet;
8. 22° 40’ 6.34 feet;
9. 284° 15’ 68.40 feet;
10. 14° 15’ 10.00 feet;
11. 104° 15’ 73.62 feet;
12. 112° 40’ 26.44 feet;
13. 157° 40’ 1.63 feet;
14. 68° 45’ 6.89 feet;
15. 158° 45’ 16.26 feet;
16. 248° 45’ 25.24 feet;
17. 202° 40’ 1.44 feet;
18. 292° 40’ 16.19 feet;
19. 260° 26’ 94.63 feet;
20. 261° 39’ 77.43 feet;
21. 287° 04’ 79.97 feet;
22. 279° 58’ 25.98 feet;
23. 271° 11’ 13.94 feet;
24. 292° 40’ 10.02 feet along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4)), to the point of beginning and containing an area of 4,646 Sq. Ft., more or less.

Easement D
For Storm Drain Purposes
Affecting Lot 3-A-1 (Map 4) of Land Court Application 855
and a Portion of Oahu Railway and Land Company’s Right of Way
In Favor of the City and County of Honolulu
SITUATE AT KALIHI-KAI, HONOLULU, ISLAND OF OAHU, HAWAII

Beginning at the Southeast corner of this easement, along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4)), the coordinates of said point of beginning referred to Government Survey Triangulation Station “HAUIKI” being 4,475.48 feet South and 3,970.07 feet West, thence running by azimuths measured clockwise from true South:
1. 101° 53’ 49.92 feet;
2. 158° 52’ 19.32 feet;
3. 292° 40’ 11.67 feet along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4));
4. Thence along Parcel 314, on a curve to the left with a radius of 15.00 feet, the chord azimuth and distance being:
311° 28’ 43″ 9.46 feet;
5. 293° 06’ 11.72 feet along Parcel 314;
6. Thence along Parcel 314, on a curve to the left with a radius of 15.00 feet, the chord azimuth and distance being:
274° 00’ 40.5″ 9.81 feet;
7. 292° 40’ 3.45 feet along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4));
8. 307° 33’ 15″ 17.93 feet along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4)) to the point of beginning and containing an area of 433 Sq. Ft., more or less.

Easement E
For Station, Guideway, and Maintenance Purposes
Affecting Lots 76 and 77 (Map 79) of Land Court Application 258,
Lot 3-A-1 (Map 4) of Land Court Application 855,
and a Portion of Oahu Railway and Land Company’s Right of Way
In Favor of HART
SITUATE AT KALIHI-KAI, HONOLULU, ISLAND OF OAHU, HAWAII

Beginning at the Northwest corner of this easement, along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4)), the coordinates of said point of beginning referred to Government Survey Triangulation Station “HAUIKI” being 4,335.71 feet South and 4,349.04 feet West, thence running by azimuths measured clockwise from true South:
1. Along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4)), on a curve to the right with a radius of 2,975.03 feet, the chord azimuth and distance being:
288° 00’ 25.6″ 135.19 feet;
2. Thence along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4)), on a curve to the right with a radius of 2,975.03 feet, the chord azimuth and distance being:
289° 41’ 00.9″ 38.89 feet;
2. 202° 12’ 06.6″ 8.66 feet along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4));
3. 292° 40’ 179.30 feet along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4));
4. Thence along Parcel 314, on a curve to the left with a radius of 15.00 feet, the chord azimuth and distance being:
311° 28’ 43″ 9.46 feet;
5. 293° 06’ 11.72 feet along Parcel 314;
6. Thence along Parcel 314, on a curve to the left with a radius of 15.00 feet, the chord azimuth and distance being:
274° 00’ 40.5″ 9.81 feet;
7. 292° 40’ 3.45 feet along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4));
8. 307° 33’ 15″ 13.54 feet along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4));
9. 102° 23’ 219.96 feet;
10. 12° 23’ 10.50 feet;
11. 102° 23’ 42.12 feet;
12. 12° 23’ 13.00 feet;
13. 102° 23’ 105.38 feet;
14. 12° 23’ 39.75 feet;
15. 102° 23’ 36.33 feet;
16. 192° 23’ 23.66 feet;
17. 102° 23’ 15.73 feet;
18. 192° 23’ 15.60 feet;
19. 209° 12’ 80.84 feet along the land described by Tax Map Key (1) 1-2-013: 022, to the point of beginning and containing an area of 19,197 Sq. Ft., more or less.

Easement F
For Temporary Construction Purposes
Affecting Lots 76 and 77 (Map 79) of Land Court Application 258
In Favor of HART
SITUATE AT KALIHI-KAI, HONOLULU, ISLAND OF OAHU, HAWAII

Beginning at the Northeast corner of this easement, the coordinates of said point of beginning referred to Government Survey Triangulation Station “HAUIKI” being 4,432.44 feet South and 4,206.37 feet West, thence running by azimuths measured clockwise from true South:
1. 25° 02’ 13.60 feet;
2. 58° 01’ 55.46 feet;
3. 28° 27’ 28.91 feet;
4. 118° 31’ 73.68 feet;
5. 292° 40’ 0.90 feet;
6. 284° 15’ 73.62 feet;
7. 194° 15’ 10.00 feet;
8. 104° 15’ 68.40 feet;
9. 202° 40’ 6.34 feet;
10. 112° 40’ 10.33 feet;
11. 260° 26’ 76.52 feet;
12. 282° 23’ 27.00 feet;
13. 192° 23’ 10.69 feet;
14. 261° 39’ 6.54 feet;
15. 282° 23’ 19.92 feet to the point of beginning and containing an area of 3,786 Sq. Ft., more or less.

Easement G
For Temporary Construction Purposes
Affecting Lots 76 and 77 (Map 79) of Land Court Application 258
In Favor of HART
SITUATE AT KALIHI-KAI, HONOLULU, ISLAND OF OAHU, HAWAII

Beginning at the East corner of this easement, the coordinates of said point of beginning referred to Government Survey Triangulation Station “HAUIKI” being 4,428.03 feet South and 4,287.09 feet West, thence running by azimuths measured clockwise from true South:
1. 80° 26’ 48.75 feet;
2. 112° 40’ 6.51 feet;
3. 192° 23’ 17.06 feet;
4. 282° 23’ 51.63 feet to the point of beginning and containing an area of 525 Sq. Ft., more or less.

Easement H
For Access Purposes
Affecting Lots 2-A-1, 2-A-2, and 3-A-1 (Map 4) of Land Court Application 855,
Lot 76 (Map 79) of Land Court Application 258, and
a Portion of Oahu Railway and Land Company’s Right of Way
In Favor of HECO
SITUATE AT KALIHI-KAI, HONOLULU, ISLAND OF OAHU, HAWAII

Easement I
For Access Purposes
Affecting Lot 3-A-1 (Map 4) of Land Court Application 855,
Lot 76 (Map 79) of Land Court Application 258, and
a Portion of Oahu Railway and Land Company’s Right of Way
In Favor of HECO
SITUATE AT KALIHI-KAI, HONOLULU, ISLAND OF OAHU, HAWAII

Beginning at the Southeast corner of this easement, along the Southwest side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4)), the coordinates of said point of beginning referred to Government Survey Triangulation Station “HAUIKI” being 4,472.81 feet South and 3,973.56 feet West, thence running by azimuths measured clockwise from true South:
1. 102° 23’ 68.61 feet;
2. 114° 46’ 119.13 feet;
3. 202° 15’ 11.36 feet;
4. 292° 40’ 140.14 feet along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4));
5. Thence along Parcel 314, on a curve to the left with a radius of 15.00 feet, the chord azimuth and distance being:
311° 28’ 43″ 9.46 feet;
6. 293° 06’ 11.72 feet along Parcel 314;
7. Thence along Parcel 314, on a curve to the left with a radius of 15.00 feet, the chord azimuth and distance being:
274° 00’ 40.5″ 9.81 feet;
8. 292° 40’ 3.45 feet along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4));
9. 307° 33’ 15″ 13.54 feet along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4)) to the point of beginning and containing an area of 2,163 Sq. Ft., more or less.

Easement J
For Access Purposes
Affecting Lots 2-A-1, 2-A-2, and 3-A-1 (Map 4) of Land Court Application 855,
Lot 76 (Map 79) of Land Court Application 258, and
a Portion of Oahu Railway and Land Company’s Right of Way
In Favor of HART
SITUATE AT KALIHI-KAI, HONOLULU, ISLAND OF OAHU, HAWAII

Easement X
(Submerged Portion of Easement E)
For Station, Guideway, and Maintenance Purposes
Affecting Lots 76 and 77 (Map 79) of Land Court Application 258
In Favor of HART
SITUATE AT KALIHI-KAI, HONOLULU, ISLAND OF OAHU, HAWAII

Beginning at the East corner of this easement, along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4)), the coordinates of said point of beginning referred to Government Survey Triangulation Station “HAUIKI” being 4,215.92 feet South and 4,379.10 feet West, thence running by azimuths measured clockwise from true South:
1. 69° 31’ 31.90 feet;
2. 68° 55’ 24.91 feet;
3. 69° 15’ 29.40 feet;
4. 69° 12’ 30.60 feet;
5. 69° 06’ 31.00 feet;
6. 68° 49’ 27.92 feet;
7. 192° 23’ 17.17 feet;
8. 102° 23’ 15.73 feet;
9. 192° 23’ 15.60 feet;
10. 209° 12’ 80.84 feet along the land described by Tax Map Key (1) 1-2-013: 022;
11. Thence along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4)), on a curve to the right with a radius of 2,975.03 feet, the chord azimuth and distance being:
288° 00’ 25.6″ 135.19 feet;
12. Thence along the Southwesterly side of Kamehameha Highway (Project No. S.N.-FAP 9-D(4)), on a curve to the right with a radius of 2,975.03 feet, the chord azimuth and distance being:
289° 21’ 19.8″ 4.82 feet
to the point of beginning and containing an area of 8,759 Sq. Ft., more or

* * * * * *

Copies of the foregoing Resolution are available for use and examination by the public during regular business hours at the offices of the Honolulu Authority for Rapid Transportation, 1099 Alakea Street, Suite 1700, Honolulu, Hawaii, or online at www.honolulutransit.org. Should you have any questions, please call 768-6258.

I hereby certify that the foregoing Resolution was introduced at a meeting held by the Honolulu Authority for Rapid Transportation on April 20, 2017 and was ordered published according to law by the following votes:

AYES: Damien Kim, Terrence Lee, Terri Fujii, William Hong, Glenn Nohara, Wes Fryzstacki

ABSTAINED: Colbert Matsumoto
CINDY MATSUSHITA
Board Administrator
(SA1001535 6/18/17)~