HomeMy WebLinkAboutRES 2010-34 NOTICE OF PUBLICATION/NOTICE OF PUBLIC HEARING (input sheet)a' _ ~Y/
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'10 APR 22 A 8 =1
NOTICE OF PUBLICATION AND NOTICE OF PUBLIC HEARING
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Notice is hereby given that the Council of the County of Kauai will d to ~" ~
public hearing on Wednesday, May 12, 2010, at 1:30 p.m., or soon thereafter, ~~~e.~ `a F ° .`
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Council Chambers, 3371-A Wilcox Road, Lihu e, on the following.
"Resolution No. 2010-34
(For condemnation)
RESOLUTION AUTHORIZING THE ACQUISITION OF THE FEE SIMPLE
INTEREST IN LANDS REQUIRED FOR PUBLIC USE, TO WIT: THE
PEDESTRIAN AND BICYCLE PATH WHICH CONSTITUTES PART OF PUBLIC
PARK SYSTEM, SITUATE AT WAIPOULI, DISTRICT OF KAWAIHAU, COUNTY
OF KAUAI, HAWAII, AND DETERMINING AND DECLARING THE
NECESSITY OF THE ACQUISITION THEREOF BY EMINENT DOMAIN
WHEREAS, HRS § 101-2 provides express authority for taking private
property for public use; and
WHEREAS, HRS §46-1.5(6) grants the Counties the power of condemnation
by eminent domain when it is in the public interest; and
WHEREAS, the Bike and Pedestrian Pathway, also known as Ke Ala Hele
Makalae, which is part of the County of Kaua`i's public park system, is a public use
and the acquisition of lands for its construction is in the public interest;
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUAI,
STATE OF HAWAII, THAT:
1. The acquisition of the fee simple interest in Parcels 1, TMK (4) 4-3-009-54
and Parcel 2, TMK (4) 4-3-009-004 (portion) situate at Waipouli, District of
Kawaihau, County of Kauai, Hawaii, is necessary for a public use, purpose,
and interest, to wit: the construction of a portion of the Bike and Pedestrian
Pathway, also known as Ke Ala Hele Makalae, and for the acquisition of an
access path to the beach from the Bike and Pedestrian Pathway.
2. The County Attorney of the County of Kauai is hereby authorized and
empowered to institute proceedings in eminent domain as provided by law for
the acquisition of the fee simple interest in Parcels 1 and Parcel 2.
3. In the process of said proceedings in eminent domain, the County Attorney be
and is hereby authorized and empowered to negotiate terms of settlement,
subject to approval of this Council and/or of the Court before which such
proceedings are commenced.
4. The County Clerk is hereby authorized and directed to transmit copies of this
resolution to the County Engineer, Director of the Department of Parks and
Recreation, the Director of Finance and to the Office of the County Attorney.
BE IT FURTHER RESOLVED, that the County Clerk be directed to provide
copies of this resolution to the Mayor, County Engineer, and the Director of Parks &
Recreation.
BE IT FURTHER RESOLVED, that this Resolution shall take effect upon its
approval."
All interested persons who wish to present their comments on this Resolution
may do so at the public hearing. Written testimonies prior to the hearing would be
appreciated. Copies of the proposed resolution are available at the Office of the
County Clerk, Council Services Division located at 3371-A Wilcox Road, Lihu`e,
Hawaii.
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CERTIFICATE OF THE COUNTY CLERK
I hereby certify that the foregoing Resolution No. 2010-34 was passed on first
reading and ordered to print by the Council of the County of Kauai at its meeting
held on April 14, 2010, by the following vote:
AYES: Bynum, Chang, Furfaro, Kaneshiro, Kawahara,
Kawakami, Asing TOTAL - 7,
NOES: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Lihu`e, Hawaii
/s/ Peter A. Nakamura
April 15, 2010 County Clerk, County of Kauai
NOTE: SPECIAL ACCOMMODATIONS AND SIGN LANGUAGE
INTERPRETER AND INTERPRETERS FOR NON-ENGLISH
SPEAKING PERSONS ARE AVAILABLE UPON REQUEST
FIVE (5) DAYS PRIOR TO THE MEETING DATE, TO THE
COUNTY CLERK, 3371-A WILCOX ROAD, LIHU`E, KAUAI.
TELEPHONE NO. 241-4188.
(One publication -The Garden Island - Apri128, 2010)