HomeMy WebLinkAboutRES 2010-34 NOTICE OF PUBLICATION/NOTICE OF PUBLIC HEARINGSTATE OF HAWAII
COUNTY OF KAUAI .
AFFIDAVIT OF PUBLICATION
THE GARDEN ISLAND
COUNTY OF KAUAI
OFFICE OF THE COUNTY CLERK
NANCY FONTANILLA
4396 RICE ST #206
LIHUE HI 96766
REFERENCE: 115085
721730 RESOLUTION NO,
2010-34
NOTIC-F OF PUBLICATION AND NOTICE
OF PUBLIC HEARING
Notice is hereby given that the Council of the County of Kauai
I hold a public hearing on Wednesday, May 12, 2010, at 1:30
~., or soon thereafter, at the Council Chambers, 3371-A Wilcox
id, Lihue, 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,
Cheri Bagain, being duly sworn, deposes and says, I SITUA'PE AT WAIPOULI, DISTRICT OF KAWAIHAU,
that she is an employee of "The Garden Island, " a I COUNTY OF KALJA'I, HAWAII, AND DETERMINING AND
newspaper published in Lihue, County of Kauai, I DECLARING THE NECESSITY OF THE ACQUISITION
State of Hawaii; that the NOTICE in the above I THEREOF BY EMINENT DOMAIN
entitled matter of which the annexed is a true andl
correct copy, was published / time (s) in "The I WHEREAS, HRS §101-2 provides express authority for taking
Garden Is1an foresaid and that this affiant is I Private property for public use; and
not a part or ' n any way interested in the WHEREAS, HRS §46-1.5(6) grants the Counties the power of
I
above ent '
er condemnation by eminent domain when it is in the public interest;
I
:
~ and
~
~ I WHEREAS, the Bike and Pedestrian Pathway, also known
" I as Ke Ala Hele Makalae, which is part of the County of Kaua`i's
I public park system, is a public use and the acquisition of ]ands for
Subsc_ ~ bPd w_^.d ~..orr. tc me this day of I its construction is in the public interest;
/y/l!~ 2 0l 0 _ I BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
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~,tr~~• Q C C,...., I KAUAI, STATE OF HAWAII, THAT:
I 1. The acquisition of the fee simple interest in Parcels 1, TMK
, I f4) 4-3-009-54 and Parcel 2, TMK (4) 4-3-009-004 (portion)
CARMENC I TA P . CENTENO I situate at Waipouli, District of Kawaihau, County of Kauai,
Notary Public, Fifth Judicial Ciruit I Hawai`i,isnecessaryforapublicuse,purpose,andinterest,
State of Hawaii I to wit: the construction of a portion of the Bike and
My Commission Expires : Ju 1 y 2 5 , 2 012 I Pedestrian Pathway, also known as Ke Ala Hele Makalae,
I and for the acquisition of an access path to the beach from
Document Description: Affidavit of P~
'cation I the Bike and Pedestrian Pathway.
~
No. of pages: 1 Document Date• J~/'S'/~
• I 2. The County Attorney of the County of Kauai is hereby
~~~ authorized and empowered to institute proceedings in
PUBLISHED ON • 0 4 / 2 8 / 2 O 1 0 I
eminent domain as provided by law for the acquisition of
I
the fee simple interest in Parcels 1 and Parcel 2.
I 3. In the process of said proceedings in eminent domain,
I the County Attorney be and is hereby authorized and
~~~~~~~~~~~/~~
~ I empowered to negotiate terms of settlement, subject to
~
`~~
G~ZP P. L+~ i~ I approval of this Council and/or of Che Court before which
~ ti • .. tit, ~~
~
'
` I such proceedings are commenced.
~ ~
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~
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FILED ON: 9- Q/~' _ NOTARY •~. ~ ~ I 4. The County Clerk is hereby authorized and directed to
I transmit copies of this resolution to the County Engineer,
_______________________________ ~ ~__~~@UC__ .__i_ + Director of the Department of Parks and Recreation, the
Director of Finance and to the Office of the County
Cgnm No. ~ Attorney.
•.• pq.116 .•~ \\ ` BE IT FURTHER RESOLVED, that the County Clerk be
i~ ~, P~P~~`
~/~~ q~
~ N ~~~ directed to provide copies of this resolution to the Mayor, County
En B
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~ E IT Fi RTHE
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RESOLVED, t
t
this Re
olution shall take
effect upon its approval."
All interested persons who wish to present their comments
~~~~~~~
MAY 1 3 2010
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,
Lihue, Hawaii.
CERTIFICATE OF THE COUNTY CLERK
I hereby certify that the foregoing Resolution No. 2010-34 was
sed on first reading and ordered to print by the Council of
County of Kauai at its meeting held on April 14, 2010, by the
ovine vote:
AYES: Bynum, Chang, Furfaro, Kaneshiro, Kawahara,
Kawakami, Asing TOTAL - 7,
NOES: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Lihue, 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,
LIHUE, KAUAI. TELEPHONE NO. 241-4188.
(April 28, 20101