COUNTY OF HAWAI’I
STATE OF HAWAI’I
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’U, COUNTY AND STATE OF HAWAI’I, 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 HAWAI’I 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.
MAILE MEDEIROS DAVID
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.
County of Hawai’i
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