NOTICE
Honolulu Authority for Rapid Transportation
RESOLUTION NO. 2018-10
AUTHORIZING THE ACQUISITION OF GUIDEWAY EASEMENT OVER, ON, AND ACROSS THE REAL PROPERTY IDENTIFIED AS TAX MAP KEY 2-1-030-012 (PORTION), LOCATED AT 586 SOUTH STREET, HONOLULU, AND OWNED BY LAWRENCE PEIPING WONG AND ELIZABETH W. CHEN 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 guideway easement over, on, and across the real property identified as Tax Map Key (TMK) 2-1-030-012 (Portion) by eminent domain after written notification by HART; and
WHEREAS, the acquisition by eminent domain of said guideway 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 guideway easement over, on, and across the real property identified as TMK 2-1-030-012 (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 Chair
ATTEST:
______________________________
Board Executive Officer
Exhibit A – Legal Description of TMK 2-1-030-012 (Portion)
HONOLULU RAIL TRANSIT PROJECT
EASEMENT 11
(FOR GUIDEWAY PURPOSES)
Affecting a certain parcel of land
Being Portions of Royal Patent 7429,
Mahele Award 61 to B. Namakeha and
Royal Patent 4483,
Land Commission Award Number 7712,
Apana 6 to V. Kamamalu
Situate at Kaalua, Honolulu, Oahu, Hawaii
Beginning at the North corner of this easement, being the East corner of Lot C as shown on DPP Subdivision File No. 2012/SUB-26, also along the Southwest side of Halekauwila Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station “PUNCHBOWL” being 3,661.18 feet South and 3,752.22 feet West thence running by azimuths measured clockwise from true South:
1. 320° 30′ 90.90 feet along the Southwest side of Halekauwila Street; Thence along Road Parcel 10 as shown on DPP Subdivision File No. 1985/ SUB-14, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being:
2. 339° 05′ 34″ 12.75 feet;
3. 139° 56′ 0.82 feet along the remainder of Royal Patent 7429, Mahele Award 61 to B. Namakeha;
4. 49° 56′ 1.97 feet along same;
5. 139° 56′ 28.00 feet along same;
6. 229° 56′ 1.97 feet along same;
7. 139° 56′ 74.17 feet along same;
8. 230° 30′ 5.08 feet along the Lot C as shown on DPP Subdivision File No. 2012/SUB-26, to the point of beginning and containing an area of 511 Square Feet.
* * * * * *
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 December 14, 2017, and was ordered published according to law by the following votes:
AYES: Damien Kim, Wes Frysztacki, Terri Fujii, Hoyt Zia, John Henry Felix, Glenn Nohara, Ember Shinn, Jade Butay
NOES: None
CINDY MATSUSHITA
Board Executive Officer
(SA1132261 9/22/18)
