Honolulu Authority for Rapid Transportation
RESOLUTION NO. 2019-1
AUTHORIZING THE ACQUISITION OF ELECTRICAL EASEMENT OVER, ON, AND ACROSS THE REAL PROPERTY IDENTIFIED AS TAX MAP KEY 1-2-003-013 (PORTION) LOCATED AT 529 MOKAUEA STREET, HONOLULU, HAWAII 96819, AND OWNED BY
J Y TRADING CO., INC. BY EMINENT DOMAIN
WHEREAS, the Honolulu Authority for Rapid Transportation (HART) has been established pursuant to Article XVII of the Revised Charter of the City and County of Honolulu 1973, as amended (Charter); and
WHEREAS, Section 17-103.2(b) of the Charter empowers HART “to acquire by eminent domain . . . all real property or any interest therein necessary for the construction, maintenance, repair, extension or operation of the fixed guideway system;” and
WHEREAS, the Honolulu City Council approved or did not object to the acquisition of the electrical easement over, on, and across the real property identified as Tax Map Key (TMK) 1-2-003-013 (portion) by eminent domain after written notification by HART; and
WHEREAS, the acquisition by eminent domain of said electrical easement over, on, and across the above-identified real property, which is more particularly described in the attached legal description marked as Exhibit A, is necessary for the Honolulu Rail Transit Project fixed guideway system, a valid public use and purpose;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of HART as follows:
1. That acquisition by eminent domain of the electrical easement over, on, and across the real property identified as TMK 1-2-003-013 (portion) is hereby authorized and the Corporation Counsel of the City and County of Honolulu and/or HART’s selected outside legal counsel is empowered to institute eminent domain proceedings as provided by law for the acquisition thereof; and
2. That the acquisition of said easement by eminent domain is determined and declared to be for a valid public use and purpose as aforesaid; and
3. That the acquisition of said easement by eminent domain is determined and declared to be necessary for the aforesaid public use and purpose; and
4. That in the process of said proceedings in eminent domain, the Corporation Counsel and/or HART’s selected outside legal counsel is authorized and empowered to negotiate terms of settlement, subject to the approval of HART and/or the Court before which such proceedings are commenced; and
5. That the Board Executive Officer be directed to transmit copies of this resolution to HART and the Department of the Corporation Counsel.
ADOPTED by the Board of the Honolulu Authority for Rapid Transportation on _____________________.
Board Executive Officer
For Electrical Purposes
Affecting Lot 3, Block 10 of “Kapiolani Tract”
Same Being a Portion of Royal Patent 8194, Land Commission Award 6450,
Apana 1 to Kaunuohua no Moehonua
In favor of Hawaiian Electric Company
Situate at Mokauea, Kalihi, Honolulu, Oahu, Hawaii
Beginning at the West corner of this easement, being also the West corner of Lot 3, Block 10 of “Kapiolani Tract”, same being a portion of Royal Patent 8194, Land Commission Award 6450, Apana 1 to Kaunuohua no Moehonua, the coordinates of said point of beginning referred to Government Survey Triangulation Station “MOKAUEA” being 4,607.67 feet South and 5,135.49 feet West and thence running by azimuths measured clockwise from true South:
1. 222° 20′ 50.00 feet along the Southeast side of Mokauea Street;
2. 312° 20′ 20.00 feet along Parcel 404A (DPP File No. 2016/ SUB-104), being a Portion Lot A, being also a portion of Lot 1 and all of Lot 2 in Block 10 of “Kapiolani Tract”, being also a portion of R.P. 8194, L.C. Aw. 6450, Ap. 1 to Kaunuohua no Moehonua;
3. 42° 20′ 50.00 feet;
4. 132° 20′ 20.00 feet along Lot 4 (Remainder), Block 10 of “Kapiolani Tract”, being a portion of R.P. 8194, L.C. Aw. 6450, Ap. 1 to Kaunuohua no Moehonua and Mokauea Street to the point of beginning and containing an area of 1,000 Square Feet.
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Copies of the foregoing Resolution are available for use and examination by the public during regular business hours at the offices of the Honolulu Authority for Rapid Transportation, 1099 Alakea Street, Suite 1700, Honolulu, Hawaii, or online at www.honolulutransit.org. Should you have any questions, please call 768-6258.
I hereby certify that the foregoing Resolution was introduced at a meeting held by the Honolulu Authority for Rapid Transportation on November 15, 2018 and was ordered published according to law by the following votes:
AYES: Jade Butay, John Henry Felix, Wes Frysztacki, Terrence Lee, Damien Kim, Ember Shinn, Tobias Martyn, Glenn Nohara, Hoyt Zia, Terri Fujii
Board Executive Officer