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HomeMy WebLinkAboutRES 2012-42 NOTICE OF PUBLICATION/NOTICE OF PUBLIC HEARINGSTATE OF HAWAII COUNTY OF KAUAI AFFIDAVIT OF PUBLICATION COUNTY OF KAUAI OFFICE OF THE COUNTY CLERK ATTN: A/P 4396 RICE STREET LIHUE HI 95766 2012. PUBLISHED ON: 05/30/2012 THE GARDEN ISLAND REFERENCE: 115085 744800 RESOLUTION NO 2012 -1 Sherri Cole, being duly sworn, deposes and says, 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 annexed is a true and correct copy, was published / time(s) in "The Garden Island" aforesaid and that this affiant is not a party to or in any way interested in the above e , nt t ed matter Subscribed and sworn to me this 5 day of c o i gtli — RINgNAigNiCIAdic ial Ciruit State of Hawaii My Commission Expires: 1-0201.? Document Description: Affidavit of Publication No. of pages: 1 Document Date: 6.1.11 • , 11 111111! /,,, � �4 . � N E ' L • T. NOTARY � y ; PUBLIC N0. 04-580 FILED ON: .0-5-7`517;717 ".0-5-7`517;717 5 �- _ I '',„111111,` 1 9 2.012 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 I 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, HAWAI'I, 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 Kaua`i, 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 Kaua'i 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 Kaua`i at its meeting held on May 23, 2012, by the following vote: AYES: Chang, Kuali`i, Nakamura, Furfaro NOES: None EXCUSED & NOT VOTING: Bynum Rapozo, Yukimura, TOTAL — 6, TOTAL — 0, 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.