HomeMy WebLinkAboutResolution No. 2010-34COUNTY COUNCIL COUNTY OF KAUAI Re.510tutt"OR 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, the description of which parcels of land are attached hereto and made a part hereof, 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. INTRODUCED sz<i F— - Lani T. Kawahara By Request) 4. " ip &" the County Clerk 2010 -34 passe. V, firs reading and ordered to prig Qo: <,ti,, April 14, 2010. j Ddrea Aph 1 15, -2010 X X X x x X a x Ad 7 0 0 0 INTRODUCED sz<i F— - Lani T. Kawahara By Request) 4. " ip &" the County Clerk 2010 -34 passe. V, firs reading and ordered to prig Qo: <,ti,, April 14, 2010. j Ddrea Aph 1 15, -2010
PEDESTRIAN AND BICYCLE PATH PARCEL 1 Fee Simple) TMK (4) 4 -3- 009 -54 All of those certain parcels of land situated in Waipouli, Island and County of Kauai, State of Hawaii, bounded and described as follows: First- All of that certain parcel of land situate at Waipouli, Kawaihau, Island and County of Kauai, State of Hawaii, described as follows: Lot 1, area 18,301 square feet, more or less, as shown on Map 3, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application No. 276 of Gaylord Parke Wilcox. Second- All of that certain parcel of land situate at Waipouli, Kawaihau, Island and County of Kauai, State of Hawaii, described as follows: Lot 12, area 851 square feet, more or less, as shown on Map 3, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application No. 276 of Gaylord Parke Wilcox. Being the land(s) described in Transfer Certificate of Title No. 3,386 issued to Lillian Clayton Brewer, unmarried. Third- All of that certain parcel of land situate at Waipouli, Kawaihau, Island and County of Kauai, State of Hawaii, being LOT A of the "NIULANI TRACT ", as shown on File Plan No. 383, filed in the Bureau of Conveyances of the State of Hawaii, and containing an area of 678 square feet, more or less. Fourth- All of that certain parcel of land situate at Waipouli, Kawaihau, Island and County of Kauai, State of Hawaii, being LOT H of the "NIULANI TRACT ", as shown on File Plan No. 383, filed in the Bureau of Conveyances of the State of Hawaii, and containing an area of 20,521 square feet, more or less. Being the premises acquired by deed from Emma Kauikeolani Wilcox, widow, as Grantor and Lillian Clayton Brewer, unmarried, as Grantee, dated September 13, 1924 and recorded at Liber 747, Page 218. 3
PEDESTRIAN AND BICYCLE PATH PARCEL 2 Pathway Easement) TMK: (Kauai) 4 -3- 009 -004 (Portion) All of those certain parcels of land situated in Waipouli, Kawaihau, Island and County of Kauai, State of Hawaii, described as follows: First- Lots 47 and 49 created through the .proposed subdivision of Lots 28 and 36 into Lots 46, 47, 48 and 49 as set forth in the attached: Map of proposed subdivision of Lots 28 and 36; Description of Lot 47; and Description of Lot 49. Second- Lot C -2 created through the proposed subdivision of Lot C as set forth in the attached: Map of proposed subdivision of Lot C; and Description of Lot C -2. Third- Lots H -1, J -1, K -1 and L -1 created .through the proposed subdivision of Lots H, J, K and L as set forth in the attached: Map of proposed subdivision of Lots H, J, K and L; Description of Lot H -1; Description of Lot J -1; Description of Lot K -1; and Description of Lot L -1. Said parcels of land having been acquired by S. Otsuka Estate, Inc., a Hawai'i corporation, by the following deeds of Shige Otsuka, to wit: 1.. Deed, dated December 1, 1971, recorded in Liber 7979 at Page 61, as to an undivided 7/10 interest; and 2. Deed, dated August 15, 1973, filed as Land Court Document No. 656748, recorded in Liber 9583 at Page 569, as to the remaining undivided 3/10 interest. C!
KUH.IO HIGHWAY aa.,n. al a a, na! a. c..•. e55a -e. Man , „+c c. aa,ro 7NVLAM TRACT' F »t nwman) 'NIL ANI TRACT' L A NO COURT LOT K (-IO Pk 05) LOT L LOT A LOT 13 STATE OF HAKAff lm T • .... ,S, p, (F9e Plan 983) n , LAND COURT APPLICATION 276 x a LOT 47 VJWIV15 ND 10N OF L075 2B A 3 MA 6 AS SHOM ON P 4 LOT a 726 Sq. Ft. n INTO 11 7 a LO75 46, 47,46 AND 4q LOT21 S 1 LOTS At Yh;zull, ft,KG KnW, ,b1aB Q y`P rrf. e.Ira.a.v.n -e.ew m.a - x: ” PRELIMINARY V a I LOT 44 3 I $ 3q-- 5q. Ft. rw j LOT 46 I Y LOT 7 LOT 35 0097 Sq, ft 1 a 8r- 9 a i l: . :...i' + S V eWi• 3 AGfTARS YC. j• •• a ,»A,.a,>•w„, MSQT, Y,•I elp6BewNM n• ... ss.m m.mrwwnewomv LOT 45 I F i NIULANI STREET I 1
DESCRIPTION LOT 47 Portion of Lot 28 As shown on Land Court Application 276 (Map 4) Land situated at: Waipouli, Kawaihau, Kauai, Hawaii Beginning: at the northwest comer of this parcel of land, the northeast comer of Lot L, Niulani Tract First Addition); File Plan 455.. and the south comer of Lot A. Niulani Tract, File Plan MI.. the coordinates of said point of beginning :referred to Government. Survey Triangulation iangulation Statio ni NONOU" being 984..63 feet North and 11,984.55 feet East, thence running by azimuths measured 0ockw—iseftorn trite: outbi 1. .284017' 1.02.79 2. 7.00 feet along Lot 1 (Ala Road), Land Court Application 276 (Map, 3); feet along Lot 49, portion of Lot 36 its shown on Land Court Application 276 (Map, °4); 3. 104017 93.00 feet along Lot 46, portion of Lot 28 as shown on Land..Court Application 276 (,Map. 4); 4, Thence along same on a, curve to the left with a radius of 28.00 feet, the chord azimuth and distance being Ping 93c!47'10": 10.10 feet; 5. 195"50' 8.86 feet along Lot L, Niulani Tract (First Addition),. -Vile Plan 435. to the point of beginning and ,containing an area. of 726 Square Feet T.M.X 4-3-0%4 Licensed Professional Land Surveyor Nq41.2975 Portugal Surveying: & Mapping, Inc. January 14, 2010
PARCEL 2 Second -
DES-t-RIPTIGN Portion of Lot. 36 As shown on Land Court Application 276 (Map 4) Land situated at Waipouli, Kawaihau, Kauai, Hawaii Beginning at the northwest comer of this parcel of land, the east -comer of Lot 47, portion of Lot 28 as shown on Land Court Application: 276 (Map 4), and the south,side of Lo I (Ala Road), Land Court Application 276 (Map 3) the coordinates of said point of beginning referred-to Goveminent Survey Triangulation Station "NONOU' being. 959.27 feet North and t2,084.16 feet East, thence running. by azlinuffis measured,clockwise from true South:_ 1. 284017' 56.00 feet along Lot I (Ala Road), Land Court Applidatioi! 276 (Mali 3);. 1 14017 7.00 feet along Lot 48, portion of Lot 36 as shown on Land Court Application 276 (Map 4); 3. 104017 56.00 feet along,saine-, 4. 194017 7.00 feet along Lot 47, portion of Lot 28 as, shown on Land Court Application 276 (Map 4) to i the point of beginning and containing an area of 392 Square Feet T,M.K: 4-3"09-4 Licensed Professional Land Surveyor No. 1297-3 Portugal Surveying & Mapping, Inc. January 14, 2010
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DESCRIPTION LOT C -2 Portion of Lot C Niulani Tract, (First Addition) As shown on File Plan 435 Being a portion of R. P. 7373, L. C. Aw. 8559 -B, Ap. 42, To W. C. Lunalilo. Land situated at Waipouli, Kawaihau, Kauai, Hawaii. Beginning at the southwest corner of this parcel of land, the northwest corner of Lot B -2 portion of Lot B Niulani Tract, (First Addition) File Plan 435, and the east side of Kuhio Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station NONOU" being 420.07 feet north and 11,795.12 feet east, thence running by azimuths measured clockwise from True South: 1. Thence along the east side of Kuhio Highway on a curve to the left with a radius of 1030.00 feet, the chord azimuth and distance being 205 °19'50" 30.00 feet; 2. 295 001' 4.00 feet along Lot D -2, portion of Lot D Niulani Tract, (First Addition) File Plan 435; 3. Thence along Lot C -1, portion of Lot C Niulani Tract, (First Addition) File Plan 435 on a curve to the right with a radius of 1034.00 feet, the chord azimuth and distance being 25 °19'46" 30.00 feet; 4. 115001' 4.00 feet along Lot B -2, portion of Lot B Niulani Tract, (First Addition) File Plan 435 to the point of beginning and containing an area of 120 Square Feet. Page 1 of 2
TMK: (4) 4 -3 -09:04 Lot C -2 Page 2 of 2 Licensed Profe siona and Surveyor Certificate No. 12973 -LS Expires: 04/30110) Portugal Surveying & Mapping, Inc. Lihue, Kauai, Hawaii January 21, 2010
PARCEL 2 Third-
LOT N -/ 3oa 511. Ft. KUHIO HIGHJNA Y LOT J -J-7 300 5q. Ft. N °ATH TRUE 90 tt' to Kapaa fn' LOT K - / LOT L -1 20- . .02r Ayvu e £ LOt6 F % %P. d, 00 7. O 4. 0 •75.00 I.00 4.00 46'17'10 Td -17 +r 40.00 ; 9t.72 ZB. 00 O: L 35 264.17' 22.21 F /l6 Man B83 14'fT - 75.00 Nivlani 0.09 I ( ?' /7 1d't7' + 73.00 Ja. Ja 1 7• O: J P /an J417' 75.00 Troot 14.16 L O' 1` RFOF SSiWNL SURVEYOR 1570' +• 76.09 L FREL 16.,e` 66.171 6.86 totA N•• 9 p • j 1, V 13'60' - 75.03 1670' + 76.03 1570' +, 75.03 y LOT H -2 LOT J -2 t LOT K -2 i''i9. L 3 e 83 511, Ft. 965 511. Ft. 37 Sq. Ft. L O T L - 2 3 /G70l sq. Ft. R Q Portion OP R.P. 7373, L. G. Aw. 8559 -8 Ap. 42 to W. G. Lundirlo C w Lot 14 Lot 25 Lot 26 Lot 17 Lot 18 J I- ond Gourt Appl/catlon 276. Note: Denotes w vamcular oe ae pe—Uod rar 1•kp Xsy, /4 4-9-0q,4 Ra^kga/ Smv1, 6 H,2pgmej lne. fe4o Lelelana Sheet L.Orra ,canal, 1:OW11 SUBDIVISION OF LOTS H,J,KANOL Nivlanl rroct (r-"t Addition), As shown on File Ron 435 Being o portion oP R. P. 7373, L. G. Aw. 6559 -B Ap. 42 to N. G. Lvnolilo INTO LOTS H-I, H-2, J-!, J-2, K -I, K-2, L -I ANO L-2 At Hapoull, Kawoft v, Kauai, Haw071 Owner, °Kg000 Shorn" GondOminivm Site Address : 1100 MAO Highway Kapaa, Howa9 9bUb Janwy t3.b,'O pO9rG AC aa? smaw Hr vrsrox 6Y Surd JPQpO c o yr RFOF SSiWNL SURVEYOR IMINARY LAND * FREL j No. t2973 -LS N•• 9 p • j 1, V L1can590 R- f"310R9J Lend bur Va7a, Ca dt7lcafo Ao - 12979 -49 Note: Denotes w vamcular oe ae pe—Uod rar 1•kp Xsy, /4 4-9-0q,4 Ra^kga/ Smv1, 6 H,2pgmej lne. fe4o Lelelana Sheet L.Orra ,canal, 1:OW11 SUBDIVISION OF LOTS H,J,KANOL Nivlanl rroct (r-"t Addition), As shown on File Ron 435 Being o portion oP R. P. 7373, L. G. Aw. 6559 -B Ap. 42 to N. G. Lvnolilo INTO LOTS H-I, H-2, J-!, J-2, K -I, K-2, L -I ANO L-2 At Hapoull, Kawoft v, Kauai, Haw071 Owner, °Kg000 Shorn" GondOminivm Site Address : 1100 MAO Highway Kapaa, Howa9 9bUb Janwy t3.b,'O
DESCRIPTION LOT 0-4: Portion of Lot H, Niulani Tract, (First Addition) As. shown on. File Bari 435 , Being a portion of R. P.- 7373, L. C. Aw. 8559 B, Ap. 42 to W. C. Luftalilci Land .situated. at Waipouli, K awaihau, Kauai, Hawaii Beginning -atthe southwest comer of this parcel of land, the northwest comer of Lot G., Niulani Tract First Additioja),, File Plan 43:5, and. the. east side of Kuhio Highway; the coordinates of said point of beginningto&rredto Government Survey Triangulation ' Statfon'W0NU 0'bqi*ng699.38 feetNorth and 11,09.01 feet:East thence running by aziWUths measured clockwise from true South., I 19el 7 75.00 feet along east side of Kuhio Highway; 26 2.8401.7' 4.00 'feet along Lot J-1, portion of Lot J, Mulani Tract (First Addition), File- Plan 435-0 3. 14017' 75.00 feet along Lot H-2, portion of Lot H, Niulannii Tract (First- Addition), File plan 435: 4. 1.04017' 4,00 feetalong LotG, Niulani Trod ffirstAdditiori) File Plan 435 to the p'o M**t. of beg-mining, and containing an area of 100 Square: Feet.. T,M,K: 4-3-0194 Licensed Prof6h,sional Land Surveyor No..M73 Portugal Surveying & Mapping, Inc. JahWjy 14,. 2010
DESCRIPTION TI)T.14 Portion of LotH, Niulani Tract, (First Addition) 5 1 6 .. 11 - A .vh 5 B6iag. 4,portion of R..,. R 73 -7-3 A LF G., -Aw-*, .8559-B. - Ap, 42 to W. .0 Lunalilo Lmd-situated.atW-ai.poul'l,..K,awaihau,,.Kauai,.Rawaii Begmamg at the southwest corner of this parcel of land, .tbe:northwest corner of Lot H-1, portion of Lot H, Niulani Ti-act,(First Addition), File. Plan 4.35*,,. and the east side of Kuhio Highway, the coordinates of s aid point point of beginning referred. to Government Survey Triangulation Station NONOU'being 772.06, feet North and 11,9075 1 feet Fast, thence running by azimuths measured elor.kvAsp from tr --1qnuth- 1. 1940.17 75.00 feet along east side of Kubio Highway-, 2. 294617' 4,00 feet along: Lot K-1, portion of Lot K, Niulani Trwt (First Ad.ditioA), File Plan 435- 3.: 14-171 75.00 feet along Lot J-2, portion of Lot J, Niul d Tract ( First t Addition), Plan.435: 4, 104PI7' 4.00 feet al ong Lot H-J, portio of Loj,K. Niulani Tract .(First AdditiorL), File Plan 435 to the point of beginning and containing an area of 300 Square Feet T.M-K-4-3-09A Licensed Professional Land Surveyor NO, Q-973 Portugal. Surveying & Mapping, Inc. January 14,2010
DESCRIPTION LOT -K-1 Portion of Lot I-L Niulani Tract, (First Addition) A,srmown 9a Filo Plm 435 8.eing a portionof R- P. 7373, L C. Aw. 9559-B, Ap- 42 to W, C. Lunalilo Land situAted at Waipouli, Kawaihar4 Kauai, Hawaii Beginning at the southwest corner of this parcel of land, the northwest comer of Lot J-1, portion of Lot J,.Njulami Tract (First Additioa), File Plan 435, and the east side of Kuhio.Highway, the coordinates of said point of beginning referred to Government Survey Triangulation, Station NONOU" being 844.74 feet North and 11,926.02 feet East, thence running by azimuths-ineasured 611D0kV1$e ftM IM. 0 Souft 1. 194017 75-00 feet along east side of Kuhio Highway;. 2. 28.4 017' 4.00 feet along Lot L"l, portion of Lot L, Niulani Tract (First Addition), File Plan 435-- 1 1401T 75.00 feet along Lot K-2, portion of Lot K' Niulani Tract (First Addition), File Plan 435: 4. 104617' 4.00 feet along-Lot. J- 1, portion of Lot.J. Niulsm Tract (First Addition), File Plan 435. to the point of beginning and containing an:area of 300 Square Feet TACK; 4-3-09.4 Z'N o Licensed Wofessional Land Surveyor Nei, 12973 Portugal. Surveying & Mapping, Inc. January 14, 2010
DESCRIPTION LOT 1A Portion of Lot. 14, Niulani Tract, (First Addition) As shown on File Plan 435` Being a portion of P. 7373, L. C. Aw. 8559 -B, Ap. 42 to W. C. Lunalilo Land situated atWaipouli, Kawaihau, Kauai, Hawaii Beginning at the northwest comer of this parcel of land, the southwest corner. of Lot A,, Niulani Tract, File Plan 383; and the east side ofK.uhio Highway, the coordinates of said point of beginning referred to Government Survey Uangulation Station "NONOU ' being 990.11 feet North and 11.,963.02 feet East, thence running by azimuths measured clockwise from true South! 1. 284 017' 22.21 feet along Lot A, Niulani Tract, File Plan 383, 2. 15 °50' 8.86 feet along Lot 28, Land Court Application 276 (Map 4); 3. Thence along Lot L--2, portion of Lot L, Niulani Tract (First Addition.), File Plan File Plan 435 on curve to the left with a radius of 28.00 feet, the chord azimuth and distance being 4804710" 31.72 feet; 4. 14 01T 40.00 feet along same; 5. 104 °17' 4.00 feet along Lot K -1, portion of Lot K, Niulani. Tract (First Addition), File Plan 435; 6. 194° 1.7' 75.00 feet along east side of Kuhio, Highway to point of beaminnin and containing an area of 589 Square Feet. Page 1
TACK 4-3-09-4 Page 2 IWO Licensed. Pro essioual Land Surveyor No.. 1-2973 Portugal Surveying & Mapping, Inc. January 14; 2010
CERTIFICATE OF THE COUNTY CLERK I hereby certify that heretofore attached is a true and correct copy of Resolution No. 2010 -34, which 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: FOR PASSAGE: Bynum, Chang, Fi Kawakami, Asing AGAINST PASSAGE: None EXCUSED & NOT VOTING: None Li1hu`e, Hawaii April 15, 2010 zrfaro, Kaneshiro, Kawahara, TOTAL -7, TOTAL - 0, TOTAL -0. Peter A. Nakamura County Clerk, County of Kauai
CERTIFICATE OF THE COUNTY CLERK I hereby certify that heretofore attached is a true and correct copy of Resolution No. 2010-34, which was adopted on second and final reading by the Council of the County of Kaua'i at its meeting held on June 9, 2010, by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 7, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: None TOTAL - 0. Li1hu'e, Hawaii June 10, 2010 ATTEST: Bill "Kaipo" A Ling Chairman & Presiding Offfiri r Peter,A5—Naka-mura Ica ifrity--Cl6rk CountT-Off Kaua'i V7 June 10, 2010 Approved this 14*day of 11 1'no' VL&I.Luy V.L u'cLuCL 1 DATE OF TRANSMITTAL TO MAYOR: June 10, 2010 Approved this 14*day of 11 1'no' VL&I.Luy V.L u'cLuCL 1
i RECEIVED 10 X116 Pal 20 OFFICE OF THE COUNTY CLERK COUNTY OF KAUA t s