HomeMy WebLinkAboutRES 2010-59 NOTICE OF PUBLICATION/NOTICE OF PUBLIC HEARINGs 1 AT ~. C ~ :~_ ~, ~~J A T T N~_ ~_~ I'' ~_ )F PUBLICATION AND NOTICE
COUNTY OF KAUA= ~ OF PUBLIC HEARING
AFFIDAVIT OF PUBLICATION Notice is hereb~~ given that the Council of the County of Kauai
will hold a public hearing on January 5, 2011, at 1:30 p.m., or
THE GARDE ~ A soon thereafter, at 3371-A Wilcox Road, Lihu`e, Hawaii, on the
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COUNTY OF KAUAI
OFFICE OF THE COUNTY CLERK I
NANCY FONTANI LLA ,~ ~ JaN 2O ~ 8 ~~
4396 RICE ST #206 3
LIHUE HI 96766 I
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REFERENCE: 115085 178657 " `~~~ I
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729120 RESOLUTION #~'~D
CQt1NTYc~F ~(~;~r;l,
Kaylen Manoi, being duly sworn, deposes and says,l
that she is an employee of "The Garden Island," a
newspaper published in Lihue, County of Kauai,
State of Hawaii; that the NOTICE in the above
entitled matter of which the a vexed is a true andl
correct copy, was published ~. time(s) in "The
Garden Island" aforesaid and that this affiant is I
not a party to or in any way interested in the
above en 'tied matter.
~., ~,"~~
Su c and sworn to me this ~ day of I
L• 2010.
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C,ATHER! E ~'AI,E~ICIA I
Notary Pubic, Fifth Judicial Ciruit
State of Hawaii
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Document Description: Affidavit of Publication I
No . of pages : 1 Document Date : ~~ ~`/ /~-' I
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PUBLISHED ON: 12/15/2010 `,',t`~~~i~i~~~,,11 I
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Resolution No. 2010-59, RESOLUTION AUTHORIZING
THE ACQUISITION OF THE FEE SIMPLE INTEREST IN
LANDS REQUIRED FOR PUBLIC USE TO WIT: AN ADDITION
TO THE PUBLIC PARK SYSTEM, SITUATED AT HANALEI,
DISTRICT OF HALELEA, 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 properties sought to be acquired by the County
will be integrated into the County of Kaua`i's public park system,
for public use, and the acquisition of lands is in the public interest;
now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
KAUAI, STATE OF HAWAII,
SECTION 1. The acquisition of the fee simple interest in the
following real property: Parcel 1, identified by TMK: (4) 5-5-01-
033, Parcel 2, identified by TMK: (4) 5-5-01-034 and Parcel 3,
identified by TMK: (4) 5-5-01-049, all of which are situated at
Hanalei, District of Halelea, County of Kauai, Hawaii, is
necessary for a public use, purpose, and interest, to wit: a public
park for public use and recreation.
SECTION 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, 2, and 3, including any and all
encumbrances contained therein.
SECTION 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.
SECTION 4. The County Clerk is hereby authorized and
directed to transmit copies of this resolution to the County
Engineer, Director of Parks and Recreation, the Director of
Finance and to the Office of the County Attorney.
SECTION 5. 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,
L?hu`e, Hawaii. (The Council Committee or Council may amend
these Bills 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. 2010-59
was laid over until the January 12, 2011, Council Meeting
by the Council of the County of Kauai at its meeting held on
November 24, 2010, by the following vote:
AYES: Bynum, Chang, Furfaro, Kawahara, Kawakami,
Kaneshiro, Asing TOTAL - 7,
NOES: None TOTAL - 0.
Lihu`e, Hawaii /s/ Peter A. Nakamura,
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 N0.241-4188.
(December 15, 2010)