HomeMy WebLinkAboutResolution No. 2016-60Bernard P.Carvaiho Jr.Wallace G.Rezentes Jr.
Mayor
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OFFICE OF THE MAYOR
County of Kaua’i,State of Hawai’i ~
4444 Rice Street Suite 235 LThu e Hawai i 96766 ‘~
TEL (808)241-4900 FAX (808)241-6877 r~p~:fy 4~•~~
August 25,2017
Honorable Mel Rapozo,Chair
And Members of the Kaua’i County Council
4396 Rice Street
Lihue,Hawaii 96766
Re:RESOLUTION 2016-60
Dear Chair Rapozo and Councilmembers,
I am returning the attached Resolution 20 16-60 to you with my signature along with this
message in light of all of the well-considered discussion that occurred on the council floor during
the August 9,2017 council meeting.
As mayor of the County of Kaua’i,I support the acquisition and expansion of public access
opportunities throughout our island,from mauka to makai.Maintaining public access is critical
to ensuring that our beautiful island home can be enjoyed by all members of our community in
perpetuity.At the same time,we must balance this with the risk of over-crowding our special
places and natural resources.
As leaders of this county,we must also acknowledge that all of our decisions have a financial
impact which must be carefully considered.Acquisition by condemnation is not an ideal
circumstance and I appreciate all the discussion about this subject during the council meeting.
I do not support proceeding with condemnation of this access easement at this time,as I support
the opinion of our county attorney,as stated on the counciffioor;~that the legal proceedings ~
acquire this property will be costly and time-consuming However,I respect the decision of the
legislative branch and I am confident that this body will exercise its power in a matter that is
both prudent and in the best interest of our community
Respectfully submitted,
Bernard P.Carvaiho Jr.
Mayor,County of Kaua’i
An Equal Opportunity Employer
COUNTY COUNCIL
COUNTY OF KAUA’I
3&C~01 Ut I Ott No.2016-60
(FOR CONDEMNATION)
RESOLUTION AUTHORIZING THE ACQUISITION OF A PUBLIC
PEDESTRIAN BEACH ACCESS EASEMENT IN LAND REQUIRED FOR
PUBLIC USE,TO WIT:A PUBLIC PEDESTRIAN BEACH ACCESS
EASEMENT TO KUKUI’ULA BAY,KUKUI’ULA,COUNTY OF KAUA’I,
HAWAI’I,AND DETERMINING AND DECLARING THE NECESSITY OF
THE ACQUISITION THEREOF BY EMINENT DOMAIN
WHEREAS,Hawai’i Revised Statutes (HRS)Section 101-2 provides express
authority for taking private property for public use;and
WHEREAS,HRS Section 46-1.5(6)grants the counties the power of
condemnation by eminent domain when it is in the public interest;and
WHEREAS,the public pedestrian beach access easement sought to be
acquired by the County will be integrated into the network of beach accesses,for
public use,and such an acquisition will be in the public interest;now therefore,
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE
COUNTY OF KAUA’I THAT:
1.The acquisition of a six (6)foot public pedestrian beach access easement
along an existing drainage easement that is a portion of Lot “B”,a portion
of Royal Patent 4512,Mahele Award 43 to J.Y.Kanehoa,situated on the
south side of Lãwa’i Road,Kukui’ula,KSloa,Kaua’i,Hawai’i,further
identified as TMK:(4)2-6-003:017,the description of which is attached
hereto as Exhibit A and made a part hereof.This acquisition is necessary
for a public use,purpose,and interest,to wit:a public pedestrian beach
access for public use and recreation.
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 a portion of the subject lot of record,identified as
TMK:(4)2-6-003:017,for a public pedestrian beach access easement.
3.In the process of any proceedings in eminent domain,the County Attorney
is hereby authorized and empowered to negotiate terms of settlement,
subject to approval of the Council and/or of the Court before which such
proceedings are commenced.
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B B S.C A I P P I 0 N
FOOTPATH EASEMENT (6 FT.WIDE)
All that parcel of land being a pàrtion of Lot “B”,a portion
of A.P.4512,I4ahele,Award 43 to S.7,Ranehoa,situated on the
south side of Lawai Road,Kukuiula,Koloa,Kauai,Hawaii *
Beginning at the northwest corner of this parcel of land,
also being the northeast corner of Lot 18—B (P11K:2—6—03:18)
and the south boundary of Lawai Road,the coordinates of which
referred to Government Survey Triangulation Station,“WAHflWR”,
being 9,207.99 feet South and 12,503.33 feet East and running by
azimuths neasured clockwise from tru&South:
1,230°28’6.00 feet along Lawai Road and over the
existing Drainage Easement (6 ft.wide);
2,318°28’56.77 feet along remainder of Lot H~fl and
over the existing Drainage Easement
(6 ft.wide);
3.42°30’6.03 feet along the shoreline and over
the existing Drainage Easement (6 ft.
wide)
57,61 feet along the east boundary of Lot
18—B (P11K:2—6—03:18)and ovar the
existing Drainage Easement (6 ft.wide)
to the point of beginning and containing
an Area of 343 square feet more or less,
4.138°28’
*Registered Profess~,onai Surveyor
Certificate No.2971 .Nap No,1893
Lihue,Kauai,Hawaii
Exhibit “A”
Exhibit A
4.The County Clerk is hereby authorized and directed to transmit copies
of this Resolution to the Mayor,the County Engineer,the Planning
Director,the Director of Parks and Recreation,the Director of Finance,
and the County Attorney.
This Resolution shall take effect upon its approval.
Introduced by:
MASON K.CHOCK
(By Request)
V:\RESOLUTIONS\2014-2016 TERM\Eminent Domain Condemnation Public Pedestrian Beach Access Easement Kukuiula Bay JA_cy.docx
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~aua’t,~a~uat’I,on ~u~u~t 9,2017.
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Qtljairman &~re~ibin~Officer
CERTIFICATE OF THE COUNTY CLERK
I hereby certify that heretofore attached is a true and correct copy of Resolution
No.2016-60,which on first reading was ordered to print by the Council of the County
of Kaua’i at its meeting held on October 19,2016,by the following vote:
AYES:
NOES:
EXCUSED &NOT VOTING:
RECUSED &NOT VOTING:
Lihu’e,Hawai’i
October 20,2016
Chock,Hooser,Kagawa,Kaneshiro,
Kuali’i,Yukimura,Rapozo
None
None
None
TOTAL-7,
TOTAL-0,
TOTAL -0,
TOTAL-0.
Jade
County Clerk,County of Kaua’i
CERTIFICATE OF THE COUNTY CLERK
I hereby certify that heretofore attached is a true and correct copy of
Resolution No 20 16-60,which was adopted on second and final reading by the Council
of the County of Kaua’i at its meeting held on August 9,2017 by the following vote:
FOR ADOPTION:
AGAINST ADOPTION:
EXCUSED &NOT VOTING:
RECUSED &NOT VOTING:
Lihu’e,Hawai’i
August 10,2017
Brun,Chock,Kagawa,Kawakami,
Yukimura,Rapozo
Kaneshiro
None
None
TOTAL-6,
TOTAL-i,
TOTAL-0,
TOTAL-0.
Mel Rapozo
Chairman &Presiding Officer
DATE OF TRANSMITTAL TO MAYOR:
August 10,2017
Approved this 15th day of
August 2017.
Bernard P.Carvalho,Jr.,
Mayor
County of Kaua’i
itain-Tanigawa
County Clerk,County of Kaua’i
ATTEST: