HomeMy WebLinkAboutResolution No. 2010-59COUNTY COUNCIL COUNTY OF KAUAI P~OYUtiDtt n~. _~_~ _~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 HALELE`A, COUNTY OF KAUAI,STATE OF 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 X46-1.5(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 Parcel 1,TMK: (4) 5-5-01-033, Parcel 2, TMK: (4) 5-5-01-034, and Parcel 3,TMK: (4) 5-5-01-049, situated at Hanalei, District of Halele`a, County of Kauai,State of 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.
CERTIFICATE OF THE COUNTY CLERK I hereby certify that heretofore attached is a true and correct copy of Resolution No. 2010-59, which was passed on second and final reading by the Council of the County of Kauai at its meeting held on January 26, 2011, by the following vote:FOR ADOPTION: Bynum, Chang, Kawakami, Nakamura,Rapozo, Yukimura, Furfaro TOTAL - 7,AGAINST ADOPTION: None TOTAL - 0,EXCUSED & NOT VOTING: None TOTAL - 0.May 24, 2012 Lihu`e, Hawai`i Ricky Watanabe County Clerk, County of Kauai ATTEST:Jay'F•rfar_Chairm.sit 'ng Officer DATE OF TRANSMITTAL TO MAYOR:May 24, 2012 Approved this 24th day of May 2012 4000p Bernard P. Carva o, Jr.Mayor County of Kaua`i