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Home My WebLink AboutResolution No. 2021-13COUNTY COUNCIL COUNTY OF KAUA'l 3Resolution (FOR CONDEMNATION) No. 2021-13 RESOLUTION AUTHORIZING THE ACQUISITION OF EASEMENT INTERESTS IN LAND REQUIRED FOR PUBLIC USE, TO WIT: THE PEDESTRIAN AND BICYCLE PATH THAT CONSTITUTES PART OF THE COUNTY'S PUBLIC PARK SYSTEM, WAIPOULI, DISTRICT OF PUNA, COUNTY OF KAUA'I, HAWAI'I, 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 pedestrian and bicycle path 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; now therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA'I, STATE OF HAWAI'I, THAT: 1. The acquisition of Easements B-2 and B-3 of Tax Map Key No. (4) 4-3-002:013, being also portion of Land Court Application 1166 Lot 12 of Map 6, the description of which easement is attached hereto as Exhibit A and made a part hereof, is necessary for a public use, purpose, and interest, to wit: the construction of a portion of the pedestrian and bicycle path 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 easement interests in Lot 12. 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 the Court before which such proceedings are commenced. 1 4. The County Clerk is hereby authorized and directed to transmit copies of this Resolution to the Mayor, the County Engineer, the Director of Parks and Recreation, the Director of Finance, and the County Attorney. This Resolution shall take effect upon its approval. Introduced by: ~,y_Q , ~-- BILL DECOS,1 ~ (By Reques't1 V:\RESOLUTIONS\2020-2022 TERM\Resolution Eminent Domain Condemnation Public Pedestrian Beach Easements BD_JA_ks.doc ~ve <!Carbalbo X <!Cbock X QtobJben ~e<!Co.sta X QEb.slin X 1kane.sbiro X 1kuali'i X 'Qtotal 6 ~av qExcu~el:J 3&ecu~el:T X 1 0 0 Certificate @f aboption We berebp certifp tbat 3lte.solution jij,o. 2021-13 bJa.s' abopteb bp tbe <!Council of tbe Qtountp of 1kaua'i, ~Mate of ~abJai'i, Jl..Ibu'e, 1kaua'i, ~abJai'i, on April 21, 2021 ~rk ~ateb April 21, 2021 2 Par cel 430020130000 Situs/Physical 440ALEKA PL MASTER Total Market Value $17.224.400 ID Address Total Assessed Value $17.224.400 Acreage 6.003 Mailing Address ISLANDER ON THE Total Exemptions $0 Class n/a BEACH Total Net Taxable $17.224.400 Value BriefTax Description LOT 12 MAP 6 LC APP 11666.003AC TOG W/RIGHT OFWAY OVER LOT 9TO KUHIO HIGHWAY (Note Not to be used on legal documents) Las t 2 Sales Date 10/12/2004 12/22/1999 Exhibit A Overview Legend D Parcels Roads Price Reason $6700000 VALID SALE 0 VALID SALE The Geographic Information Systems (GIS) maps and data are made available solely for informational purposes. The GIS data is not the official representation of any of the information included. and do not replare a site survey or legal document descriptions The County of Kauai (Coumy) makec, or extends no claims representations or warranlie" of an~ kind. either express or implied. inluding. 1//ithout limitation. the irnolied warranties of merchantability and fitness for a particular purpose. as to the quality. content. accuracy. currency. or completeness of the information. text. maps. graphics. links and other ,terns contJined in any of the GIS dat., In no event shall the County becorne liable tor any errors or omissions in the GIS. and will not under any circumstances be liable for any direct. indirect. special. incidental. consequential. or other loss. injury or damage caused by its use or otherwise arising in connection with its us.e even if specifically advised of the possibility of such k>s~. injury or damage. The data and or functionality on this site may change periodically and without notice. In using the GIS data. users agree to indemnify defend. and hold harmless the County for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the: data. or the use of the data. Date created: 2/16 2021 Lase Data Uploaded: 2/16/2021 9:08:51 AM Developed by~~ Schneider ... ,GEOSPATIA L Exhibit A EASEMENT B-3 (For Bike Path Purposes) Being a portion of Lot 12, as shown on Map 6 of Land Court Application 1166. Situate at Puna, Kauai , Hawaii. Beginning at the East corner of this piece of land, being also the Southwest corner of Lot 13, as shown on Map 6 of Land Court Application 1166 , the coordinates of said point of beginning referred to Government Survey Triangulation Station "NONOU" being 3,030.44 feet Sou th and 9,331 .50 feet East and running by azimuths measured clockwise from true South: 1 . 50° 12' 127.70 feet along the 1 00-feet wide beach reserve; 2. 53 ° 10' 330.00 feet along same ; 3. 580 30' 54.69 feet along same ; 4. 227 ° 36' 45 .75 feet along the remainder of Lot 12, as shown on Map 6 of Land Court Application 1166; 5. Thence , along same, on a curve to the right with a radius of 202.00 feet, the chord azimuth and distance being: 236 ° 47' 64.48 feet ; 6. Thence , along same, on a curve to the left with a radius of 118.00 feet, the chord azimuth and distance being: 231 ° 41 ' 30" 58.19feet; 7. Thence, along same , on a curve to the right with a radius of 122.00 feet, the chord 8. 241 ° 29' Project No. 18009-05 Easement B-3.docx azimuth and distance being: 229° 27' 27 .71 feet along same ; ControlPoint Surveying, Inc. 615 Piikoi Street, Suite 700 Honolulu, Hawaii 96814 50.87 feet ; Exhibit A 9. Thence, along same, on a curve to the left with a radius of 78.00 feet, the chord and azimuth and distance being: 232 ° 11' 30" 25.19 feet; 10. Thence, along same, on a curve to the right with a radius of 102.00 feet, the chord azimuth and distance being : 232 ° 31 ' 34 .08 feet; 11 . Thence, along same, on a curve to the left with a radius of 198.00 feet, the chord azimuth and distance being: 231 ° 00' 76.47 feet; 12. Thence, along same, on a curve to the right with a radius of 202.00 feet, the chord azimuth and distance being: 228 ° 33' 30" 61.05 feet; 13. 237 ° 15' 14. 75 feet along same; 14. Thence, along same, on a curve to the left with a radius of 198.00 feet, the chord and azimuth and distance being: 229 ° 43' 00" 51 .92 feet; 15. Thence, along same, on a curve to the left with a radius of 142.00 feet, the chord and azimuth and distance being : 16. 318 ° 12' 00" October 29, 2020 Honolulu, Hawaii Tax Map Key : (4) 4-3-02 : 13 Project No. 18009-05 Easement 8-3.docx 221 ° 49' 13" 1.80 feet; 10.71 feet along Lot 13, as shown on Map 6 of Land Court Application 1166, to the point of beginning and containing an area of 4,047 square feet. Amen S. KaJIOka Licensed Professional Land Surveyor Certificate Number 6605-LS Land Court Certificate Number 248 ControlPoint Surveying, Inc. 615 Piikoi Street, Suite 700 Honolulu, Hawaii 96814 Exhibit A EASEMENT B-2 (For Bike Path Purposes) Being a portion of Lot 12, as shown on Map 6 of Land Court Application 1166. Situate at Puna, Kauai , Hawaii. Beginning at the Southwest corner of this piece of land, being also the Southeast corner of Lot 7, as shown on Map 6 of Land Court Application 1166, the coordinates of said point of beginning referred to Government Survey Triangulation Station "NONOU" being 3,378.61 feet South and 8,857.32 feet East and running by azimuths measured clockwise from true South : 1 . 156° 06 ' 2. 331 ° 06 ' 3. 336 ° 06' 4. 5g o 30' October 26, 2020 Honolulu , Hawaii Tax Map Key: (4) 4-3-02 : 13 Project No. 19009-05 _Easement B-2.docx 536.63 feet 22 .95 feet 513.50 feet 2.02 feet along Lot 7, as shown on Map 6 of Land Court Application 1166; along the remainder of Lot 12, as shown on Map 6 of Land Court Application 1166; along same ; along the 100-feet wide beach reserve to the point of beginning and containing an area of 1,050 square feet. cien &Kajioka Licensed Professional Land Surveyor Certificate Number 6605-LS Land Court Certificate Number 248 ControlPoint Surveying , Inc_ 615 Piikoi Street, Suite 700 Honolulu , Hawaii 96814 I I I 1,1! I (M11µ 6) ---------------------------------·- ~()8 231'0(>°-:-76.47 I~ I Lot 12 (lfop 6) INSET 2 flot to ~cole Note. ·1 -' 1 - 53'10' I 1\ .I ~, ;:, ·s, ;£1 18 ,[ I.I .,f I Lott\ (1.!op6) ~ R, 8 ./ '.)CQ!e ENLARGEMENT ,' / f-------'""'"'-'"'o-''><a,o::,le'--------' lot j II (I.lop -4) L 330.00 ./ ~ ,:,:, '"'·' INSET 1 " , 50 It Ateo ol £o,ement 0-! fo, 9,ke path uurpo~es r, favor 01 the C:ou11tv.ot Joto:1'1< 1,050 S.. Ft ,\rco ol ~o!.ement 11-J for 8,ke oath pu,oo,es ,n fO'lor <>I the Counlv of 11ouo, 4,047 Sa I="! •)•,.,,·, 2J8",t()' • 1, ~\ .,,, Lot 1fi lt.lop6) Jl} 26 I .,, .... fkoct, \ ; ReY-1ve ' . --._.;_ -- ---------------Exhibit A LAND COURT STATE OF HAWAII MAP LAND CO URT APPLICAT ION 1166 DESIGNATION OF EASEMENTS 8-2 AND 8-3 AFFECTING LOT 12 bl'.> P.-o, '.>I '>u1e 7,)0 rl,JnotUlu, rlOWC'• 968Jt i.pt"d 28, i()lf) AS SHOWN ON MAP 6 AT PUNA. KAUAI. HAWAII OWNER: ISLANDER ON THE BEACH IRANSFEll CERTIFICATE OF TITLE AUTHORIZED AND APPROVED BY ORDER OF THE JUDGE OF THE LAND COURT DATED BY ORDER OF THE COURT REGISTRAR OF THE LAND COURT ENCLOSURE 1 ___ J CERTIFICATE OF THE COUNTY CLERK I hereby certify that heretofore attached is a true and correct copy of Resolution No. 2021-13, which on first reading was ordered to print by the Council of the County of Kaua'i at its meeting held on March 10, 2021, by the following vote: FOR PASSAGE: AGAINST PASSAGE: EXCUSED & NOT VOTING: RECUSED & NOT VOTING: Lihu'e, Hawai'i March 11, 2021 Carvalho, Chock, Cowden, DeCosta, Evslin, Kuali'i, Kaneshiro None None None TOTAL-7, TOTAL-0, TOTAL-0, TOTAL-0. Jade . ountain-Tanigawa 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 . 2021-13, which was adopted on second and final reading by the Council of the County of Kaua'i at its meeting held on April 21, 2021 by the following vote: FOR ADOPTION: AGAINST ADOPTION: EXCUSED & NOT VOTING: RECUSED & NOT VOTING: Lihu'e, Hawai'i April 21, 2021 ATTEST: a~~ Arry1Keshiro Chairman & Presiding Officer Carvalho, Chock, DeCosta, Evslin, Kuali'i, Kaneshiro Cowden TOTAL-6, TOTAL-I, TOTAL-0, TOTAL-0. None None ountain-Tanigawa County Clerk, County of Kaua'i DATE OF TRANSMITTAL TO MAYOR: April 21 , 2021 Approved thisaJ.td day of __ A_p_r~i'\ __ , 2021. 0-Jt Derek S.K. Kawakami, Mayor County of Kaua'i