HomeMy WebLinkAboutRES 2012-42 NOTICE OF PUBLICATION/NOTICE OF PUBLIC HEARING (input sheet)'12 MAY 24 -92 :10
NOTICE OF PUBLICATION AND NOTICE OF PUBLIC HEARING
Notice is hereby given that the Council of the County of Kauai will hold a
public hearing on Wednesday, June 13, 2012, at 1:30 p.m., or soon thereafter, at the
Council Chambers, 4396 Rice Street, Room 201, Historic County Building, Lihu`e,
on the following:
Resolution No. 2012 -42
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, SITUATED AT WAIPOULI, DISTRICT OF
KAWAIHAU, COUNTY OF KAUA'I, 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 public park system of the County of Kauai ( "County "),
is a public use and the acquisition of lands for its construction is in the
public interest; and
WHEREAS, the County executed an agreement with Gary L. Blaich,
as Trustee of the Gary L. Blaich, M.D. Profit Sharing Plan, to purchase the
fee simple interest in a parcel, situated at Waipouli, District of Kawaihau,
County of Kauai, Hawaii, TMK (4) 4 -3- 009 -29 (portion), the description of which
parcel of land is attached hereto as Exhibit "A" and made a part hereof, (the
"Subject Property "); and
WHEREAS, Gary L. Blaich has died and the County has been unable to
determine who is the successor trustee of the Gary L. Blaich, M.D. Profit Sharing
Plan, and therefore the appropriate party to execute the warranty deed on the
Subject Property to the County; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUAI,
STATE OF HAWAII, AS FOLLOWS:
1. The acquisition of the fee simple interest in the Subject Property 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.
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 the Subject Property.
3. In the process of said proceedings in eminent domain, the County
Attorney 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.
This resolution shall take effect upon its approval.
All interested persons who wish to present their comments 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.
(The Council Committee or Council may amend this Resolution at its
subsequent meetings. Meeting notices are posted at least 6 days in advance at the
County Clerk's Office and the public may also testify at any of these meetings.)
CERTIFICATE OF THE COUNTY CLERK
I hereby certify that the foregoing Resolution No. 2012 -42 was ordered to
print by the Council of the County of Kauai at its meeting held on May 23, 2012, by
the following vote:
AYES: Chang, Kuali`i, Nakamura, Rapozo, Yukimura, Furfaro TOTAL — 61
NOES: None TOTAL — 0,
EXCUSED & NOT VOTING: Bynum TOTAL — 1.
Lihu`e, Hawaii /s/ Ricky Watanabe
May 24, 2012 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, 4396 RICE STREET, SUITE 209, LIHU`E, KAUAI.
TELEPHONE NO. (808) 241 -4188.
(One publication — The Garden Island — May 30, 2012)