RESOLUTION NO. 2020-4

AUTHORIZING THE ACQUISITION IN A FEE SIMPLE INTEREST IN THE REAL PROPERTY IDENTIFIED AS TAX MAP KEYS 2-3-004-029 AND 2-3-004-079 (PORTIONS) LOCATED AT 401 KAMAKEE STREET AND 1141 WAIMANU STREET, HONOLULU, HAWAII 96814, AND OWNED BY KA’A LIMITED PARTNERSHIP 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 City Council approved or did not object to the acquisition of the real property identified as Tax Map Keys (TMKs) 2-3-004-029 and 2-3-004-079 (portions) by eminent domain in fee simple after written notification by HART; and
WHEREAS, the acquisition by eminent domain in fee simple of 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 in fee simple of the real property as identified in Exhibit A 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 the above-identified property by eminent domain is determined and declared to be for a valid public use and purpose as aforesaid; and
3. That the acquisition of the above-identified property 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 Chair
ATTEST:
_____________________________
Board Executive Officer

Exhibit A – Legal Description of TMKs 2-3-004-029 and 2-3-004-079 (portions) and map

LOT 457-A
FOR HONOLULU HIGH CAPACITY TRANSIT CORRIDOR PROJECT
BEING A PORTION OF LOT 457, BLOCK 24, AS SHOWN ON MAP 47 OF
LAND COURT APPLICATION 670
SITUATE AT KUKULUAEO, HONOLULU, OAHU, HAWAII

Beginning at the Southeast corner of this parcel of land, being also the Southwest corner of Lot 1-A-2 (Map 24) of Land Court Consolidation 53, and running by azimuths measured clockwise from true South:
Thence along Lot 456 (Map 46) of
Land Court Application 670, on a
curve to the right with a radius of
392.00 feet, the chord azimuth and
distance being

1. 140? 25′ 30″ 19.72 feet:

2. 141? 52′ 40.68 feet along Northerly side of Queen
Street;

Thence along Lot 456 (Map 46) of Land Court Application 670, on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being

3. 163? 22′ 21.99 feet;
Thence along remainder of Lot 457, Block 24 (Map 46) of Land Court Application 670, on a curve to the left with a radius of 20.50 feet, the chord azimuth and distance being

4. 338? 01′ 30″ 11.41 feet;
5. 321? 52′ 69.90 feet along remainder of Lot 457.
Block 24, (Map 47) of Land Court
Application 670
6. 51? 52′ 4.39 feet along Lot 1-A-2 (Map 24) of Land
Court Consolidation to the point of
beginning and containing an area of
352 square feet.

Vehicle Access shall be not permitted into and from Queen Street, over and across courses 4 and 5 of the described Lot 457-A.

Transfer Certificate of Title No. 910,931.
Description Prepared By:
ENGINEERS SURVEYORS HAWAII, INC. ___________________________________
1320 North School Street Miles S. Horie
Honolulu, Hawaii 96817 Licensed Professional Land Surveyor
Certificate Number 10007
Exp. Date 4-30-22
May 1, 2020
Tax Map Key: (1) 2-3-004: Por. 029
14-73

LOT 1-A-2-A
FOR HONOLULU HIGH CAPACITY TRANSIT CORRIDOR PROJECT
BEING A PORTION OF LOT 1-A-2, AS SHOWN ON MAP 24 OF
LAND COURT CONSOLIDATION 53
SITUATE AT KEWALO, HONOLULU, OAHU, HAWAII

Beginning at the Southeast corner of this parcel of land, being also the Southwest corner of Lot 1-A-1 (Map 24) of Land Court Consolidation 53, and on the Northerly side of Queen Street and running by azimuths measured clockwise from true South:
Thence along the Northerly side of Queen Street on a curve to the right with a radius of
392.00 feet, the azimuth to the
radius center being 227? 27′ 24″the
chord azimuth and distance being:
1. 138? 13′ 12″ 10.44 feet;

2. 231? 52′ 4.39 feet along Lot 457, Block 24, (Map 47)
of Land Court Application 670;
3. 321? 52′ 10.42 feet along remainder of Lot 1-A-2
(Map 24) of Land Court
Consolidation 53;
4. 51? 52′ 3.72 feet along Lot 1-A-1 (Map 24) of Land
Court Consolidation to the point of
beginning and containing an area of
42 square feet.

Vehicle Access shall be not permitted into and from Queen Street, over and across course 3 of the described Lot 1-A-2-A.
Transfer Certificate of Title No. 886,973.
Description Prepared By:
ENGINEERS SURVEYORS HAWAII, INC.
____________________________________
1320 North School Street Miles S. Horie
Honolulu, Hawaii 96817 Licensed Professional Land Surveyor
Certificate Number 10007
Exp. Date 4-30-22
May 1, 2020
Tax Map Key: (1) 2-3-004: Por. 079
14-73

* * * * * *
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 May 28, 2020 and was ordered published according to law by the following votes: