HomeMy WebLinkAboutResolution No. 2021-27COUNTY COUNCIL
COUNTY OF KAUA’I
31k C~4 01 Ut IOU No.2021-27
(FOR CONDEMNATION)
RESOLUTION AUTHORIZING THE ACQUISITION OF LAND FOR PUBLIC
USE,TO WIT:THE 23.5-ACRE PARCEL OF LAND,SITUATED AT
KILAUEA,DISTRICT OF KO’OLAU,COUNTY OF KAUA’I,HAWAI’I,
TMK (4)5-2-005-024,AND DETERMINING AND DECLARING THE
NECESSITY OF THE ACQUISITION THEREOF BY EMINENT DOMAIN
WHEREAS,Hawai’i Revised Statutes (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,HRS §46-15.1 authorizes the Counties to develop,construct,and
provide workforce housing;and
WHEREAS,development of workforce housing as defined in Kaua’i County
Code Chapter 7A,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 TMK (4)5-2-005-024,the description of which is attached
hereto and made a part hereof,is necessary for a public use,purpose,and
interest,to wit:the development of workforce housing and related public
infrastructure.
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 TMK (4)5-2-005-024.
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 Housing Director,the Director of Finance,and to the
Office of the County Attorney.
This Resolution shall take effect upon its approval.
Introduced by:
KIPUKAT KUALI’I
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EXHIBIT A
(4)5-2-005-024
All of that certain parcel of land (being portion(s)of the land(s)described in and covered by
Royal Patent Grant Number 630 to Jules Dudoit)situate,lying and being at Namahana,Hanalei,Island
and County of Kauai,State of Hawaii,being LOT D,portion of Lot 11 -A-2-A,same being a portion of Lots
11 -A-2 and 11-A-I-A,of the Pali Namahana Subdivision,and thus bounded and described:
Beginning at the east corner of this parcel of land,the coordinates of said point of beginning
referred to Government Survey Triangulation Station “KILAUEA”being 4,614.49 feet south and 4,852.62
feet west,thence running by azimuths measured clockwise from true South:
1.66°00’76.21 feet along Lots 0-47 and 0-48;
2.36°14’1,103.27 feet along Lots C-33 and 0-47;
3.31 4°30 216.94 feet along Lots C-32 and C-33;
4.36°00’24.50 feet along Parcel 55;
5.134°30 219.14 feetalongLot23;
6.36°14’89.25 feet along Lot 23;
7.137°31’38”236.96 feet along the northeast side of Kolo Road;
Thence along the northeast side of Kuhio Highway on a curve to the left with a radius of
2,070.00 feet,the chord azimuth and distance
being:
8.147°23 36”330.66 feet;
9.216°14’1,086.44 feet along Lot 11-A-2-B;
10.126°14’250.00 feet along Lot 11-A-2-B;
11.216°14’500.39 feet along Lot 11-A-2-B;
12.285°00 252.07 feet along Lot 11-A-2-B;
13.15°00’58.00 feet alongthe remainder of Grant 630 (Lot B);
14.285°00’202.07 feet along the remainder of Grant 630 (Lot B);
15.15°00’290.00 feet along the remainder of Grant 630 (Lot F);
16.285°00’150.00 feet along the remainder of Grant 630 (Lot F);
17.15°00’390.68 feet along Grant 2896 (Lot A)to the point of
beginning and containing an area of 23.533
acres,more or less.
CERTIFICATE OF THE COUNTY CLERK
I hereby certify,that on August 18,2021,the Council of the County of Kaua’i
entertained a motion to schedule a Public Hearing on Resolution No.2021-27 for
September 15,2021,and thereafter refer said Resolution to the October 6,2021,
Council Meeting,by the following vote:
FOR MOTION:
AGAINST MOTION:
EXCUSED &NOT VOTING:
RECUSED &NOT VOTING:
Lihu’e,Hawai’i
August 18,2021
Carvalho,Chock,Cowden,DeCosta,
Evslin,Kuali’i,Kaneshiro
None
None
None
TOTAL-7,
TOTAL-0,
TOTAL-0,
TOTAL-0.
Jade Fountain-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.2021-27,which was adopted on second and final reading by the Council of the
County of Kaua’i at its meeting held on October 6,2021,by the following vote:
FOR ADOPTION:
AGAINST ADOPTION:
EXCUSED &NOT VOTING:
RECUSED &NOT VOTING:
Lihu’e,Hawai’i
October 6,2021
ATTEST:
Arryl K~ieshiro
Chairman &Presiding Officer
TOTAL-7,
TOTAL -0,
TOTAL -0,
TOTAL-0.
Fountain-Tanigawa
County Clerk,County of Kaua’i
Derek S.K.Kawakami,
Mayor
County of Kaua’i
Carvalho,Chock,Cowden,DeCosta,
Evslin,Kuali’i,Kaneshiro
None
None
None
DATE OF TRANSMITTAL TO MAYOR:
October 6,2021
Approved this l~-~d~y of
2021.