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HomeMy WebLinkAboutResolution No. 2012-42COUNTY COUNCIL COUNTY OF KAUAI J&cioIutton N° . 2°12 42 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 public park system of the County of Kaua`i ( "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, Hawai`i, 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.1 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.V: \CS OFFICE FILES \RESOLUTIONS \2010 -2012 term \waipouli.docx tiles 9 , 06 -27 -12 9 INTRODUCED a URF 7111VAIP y ° • •• est)c eatp.c_ate, dao J) 4.4 ce wC J eAO&4Monti . 2012 -42 aa &. eK C.,if 4 .r.e-Le au+,C 4 ,'ti 4 Ca.vaa.i ` ;.,e, ` ,JCa,ua. ' i., Jla aai an June 27, 2012.tl or-5«.03"n.x x J x i x a.x aa. . °x Goa X CJaaa!7 0 0 0 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.V: \CS OFFICE FILES \RESOLUTIONS \2010 -2012 term \waipouli.docx tiles 9 , 06 -27 -12 9 INTRODUCED a URF 7111VAIP y ° • •• est)c eatp.c_ate, dao J) 4.4 ce wC J eAO&4Monti . 2012 -42 aa &. eK C.,if 4 .r.e-Le au+,C 4 ,'ti 4 Ca.vaa.i ` ;.,e, ` ,JCa,ua. ' i., Jla aai an June 27, 2012. Exhibit "A"PEDESTRIAN AND BICYCLE PATH Subject Property Fee Simple)All Lot 51, a portion of Lot 7, as shown on Land Court Application 276 (Map 3), situated in Waipouli, District of Kawaihau, Island and County of Kauai, State of Hawaii, bounded and described as follows:1. 14 °17'3. 104 °17'TMK (4) 4 -3- 009 -29 Filed: Land Court Document No. 1384243 17.00 feet along Lot 1 (Niulani Street), Land Court Application 276 (Map 3);2. Thence along same on a curve to the right with a radius of 10.00 feet, the chord azimuth and distance being 59 °17' 14.14 feet;17.00 feet along Lot 1 (Ala Road), Land Court Application 276 (Map 3);4. Thence along Lot 50, portion of Lot 7 as shown on Land Court Application 276 Map 3) on a curve to the left with a radius of 27.00 feet, the chord azimuth and distance being 239 °17' 38.18 feet to the point of beginning and containing an area of 135 Square Feet.Said land constituting a portion of the land acquired by Warranty Deed:Grantor: Richard Charles Page, husband of Beverly Ann Page, and Gordon Bernard Miller, husband of Eddie Miller Grantee: Gary L. Blaich M.D. Profit Sharing Plan, with full powers to sell, mortgage,lease or otherwise deal with land Dated: July 1, 1986 CERTIFICATE OF THE COUNTY CLERK I hereby certify that heretofore attached is a true and correct copy of Resolution No. 2012 -42, which was passed on first reading and ordered to print by the Council of the County of Kauai at its meeting held on May 23, 2012, by the following vote:FOR PASSAGE: Chang, Kuali`i, Nakamura, Rapozo,Yukimura, Furfaro AGAINST PASSAGE: None EXCUSED & NOT VOTING: Bynum Lihu`e, Hawai`i May 25, 2012 Ricky Watanabe County Clerk, County of Kaua`i TOTAL — 6,TOTAL — 0,TOTAL —1. I hereby certify that heretofore attached is a true and correct copy of Resolution No. 2012 -42, which was adopted on second and final reading by the Council of the County of Kauai at its meeting held on June 27, 2012, by the following vote:FOR ADOPTION: Bynum, Chang, Kuali`i, Nakamura, Rapozo,Yukimura, Furfaro AGAINST ADOPTION: None EXCUSED & NOT VOTING: None Lihu`e, Hawai`i June 27, 2012 ATTEST:CERTIFICATE OF THE COUNTY CLERK Ricky Watanabe County Clerk, County of Kaua`i DATE OF TRANSMITTAL TO MAYOR:June 29, 2012 Approved this 5th day of July 20 Bernard P. Carvalho Jr.Mayor County of Kauai TOTAL — 7,TOTAL — 0,TOTAL — 0.