NOTICE
Honolulu Authority for Rapid Transportation
RESOLUTION NO. 2018-9
AUTHORIZING THE ACQUISITION IN THE FEE SIMPLE INTERESTS, PERMANENT EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS (TCE) OF REAL PROPERTY IDENTIFIED AS TAX MAP KEY 1-5-007-016 (PORTION) LOCATED AT 617 DILLINGHAM BOULEVARD, HONOLULU, HAWAII 96817, AND OWNED BY HAWAIIAN ELECTRIC COMPANY, 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 real property identified as Tax Map Key (TMK) 1-5-007-016 (portion) by eminent domain in fee simple after written notification by HART; and
WHEREAS, the acquisition by eminent domain in fee-simple interest, permanent easements, and TCE 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 interest, permanent easements, and TCE of the real property identified as TMK 1-5-007-016 (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 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 TMK 1-5-007-016 (Portion)
HONOLULU RAIL TRANSIT PROJECT
PARCEL 433-A
Being a portion of Lot 13 (Map 1) of
Land Court Application 1758
Situate at Kuwili, Honolulu, Oahu, Hawaii
Beginning at the Northeast corner of this lot, being the Northwest corner of Parcel 433-B of the Honolulu Rail Transit Project, on the South side of Dillingham Boulevard, the coordinates of said point of beginning referred to Government Survey Triangulation Station “PUNCHBOWL” being 2,258.19 feet North and 6,128.71 feet West thence running by azimuths measured clockwise from true South:
1. 81° 00′ 4.91 feet along Parcel 433-B of the Honolulu Rail Transit Project;
Thence along Remainder of Parcel 433-A of the Honolulu Rail Transit Project, on a curve to the right with a radius of 782.00 feet, the chord azimuth and distance being:
2. 115° 03′ 08″ 64.95 feet;
3. 170° 15′ 5.98 feet along Land Court Application 904;
Thence along the South side of Dillingham Boulevard, on a curve to the left with a radius of 759.34 feet, the chord azimuth and distance being:
4. 296° 45′ 25″ 72.46 feet to the point of beginning and containing an area of 251 Square Feet.
Subject to portion of Easement 49 for Waterline Purposes, as shown on Map 17 of Land Court Application 1758.
HONOLULU RAIL TRANSIT PROJECT
PARCEL 433-B
Being a portion of Land Court Application 1876
Situate at Kuwili, Honolulu, Oahu, Hawaii
Beginning at the Northwest corner of this lot, being the Northeast corner of Parcel 433-A of the Honolulu Rail Transit Project, on the South side of Dillingham Boulevard, the coordinates of said point of beginning referred to Government Survey Triangulation Station “PUNCHBOWL” being 2,258.19 feet North and 6,128.71 feet West thence running by azimuths measured clockwise from true South:
Along the South side of Dillingham Boulevard, on a curve to the left with a radius of 759.34 feet, the chord azimuth and distance being:
1. 290° 27′ 43″ 94.31 feet;
Thence along Remainder of Parcel 433-B of the Honolulu Rail Transit Project, on a curve to the right with a radius of 782.00 feet, the chord azimuth and distance being:
2. 109° 03′ 27″ 98.61 feet;
3. 261° 00′ 4.91 feet along Parcel 433-A of the Honolulu Rail Transit Project, to the point of beginning and containing an area of 124 Square Feet.
HONOLULU RAIL TRANSIT PROJECT
EASEMENT 1
(FOR TEMPORARY CONSTRUCTION PURPOSES)
Affecting Remainder of Parcel 433-A
of the Honolulu Rail Transit Project
Being a portion of Lot 13 (Map 1) of
Land Court Application 1758
Situate at Kuwili, Honolulu, Oahu, Hawaii
Beginning at the Northwest corner of this easement, being the Southwest corner of Parcel 433-A of the Honolulu Rail Transit Project, the coordinates of said point of beginning referred to Government Survey Triangulation Station “PUNCHBOWL” being 2,284.92 feet North and 6,192.40 feet West thence running by azimuths measured clockwise from true South:
Along Parcel 433-A of the Honolulu Rail Transit Project, on a curve to the left with a radius of 782.00 feet, the chord azimuth and distance being:
1. 296° 36′ 40″ 22.41 feet;
2. 24° 00′ 4.00 feet along remainder of Remainder of Parcel 433-A of the Honolulu Rail Transit Project;
Thence along same, on a curve to the right with a radius of 784.16 feet, the chord azimuth and distance being:
3. 116° 29′ 49″ 19.62 feet;
4. 170° 15′ 5.01 feet along Land Court Application 904 to the point of beginning and containing an area of 84 Square Feet.
HONOLULU RAIL TRANSIT PROJECT
EASEMENT 2
(FOR TEMPORARY CONSTRUCTION PURPOSES)
Affecting Remainder of Parcel 433-B
of the Honolulu Rail Transit Project
Being a portion of Land Court Application 1876
Situate at Kuwili, Honolulu, Oahu, Hawaii
Beginning at the Northeast corner of this easement, being the Northeast corner of Remainder of Parcel 433-B of the Honolulu Rail Transit Project, on the South side of Dillingham Boulevard, the coordinates of said point of beginning referred to Government Survey Triangulation Station “PUNCHBOWL” being 2,218.14 feet North and 6,015.55 feet West thence running by azimuths measured clockwise from true South:
1. 0° 00′ 3.45 feet along Lot 24 (Map 1) of Land Court Consolidation 97;
Thence along remainder of Remainder of Parcel 433-B of the Honolulu Rail Transit Project, on a curve to the right with a radius of 786.00 feet, the chord azimuth and distance being:
2. 104° 05′ 51″ 16.53 feet;
Thence along same, on a curve to the left with a radius of 750.00 feet, the chord azimuth and distance being:
3. 138° 42′ 17″ 6.99 feet;
Thence along the South side of Dillingham Boulevard, on a curve to the left with a radius of 759.34 feet, the chord azimuth and distance being:
4. 285° 45′ 54″ 21.45 feet to the point of beginning and containing an area of 68 Square Feet.
HONOLULU RAIL TRANSIT PROJECT
EASEMENT 3
(FOR TEMPORARY CONSTRUCTION PURPOSES)
Affecting Lot 24
As shown on Map 1
Of Land Court Consolidation 97
Situate at Kuwili, Honolulu, Oahu, Hawaii
Beginning at the Northwest corner of this easement, being the Northeast corner of Remainder of Parcel 433-B of the Honolulu Rail Transit Project, on the South side of Dillingham Boulevard, the coordinates of said point of beginning referred to Government Survey Triangulation Station “PUNCHBOWL” being 2,218.14 feet North and 6,015.55 feet West thence running by azimuths measured clockwise from true South:
Along the South side of Dillingham Boulevard, on a curve to the left with a radius of 759.34 feet, the chord azimuth and distance being:
1. 282° 38′ 26″ 61.34 feet;
2. 7° 38′ 1.93 feet along remainder of Lot 24 (Map 1) of Land Court Consolidation 97;
Thence along same, on a curve to the right with a radius of 786.00 feet, the chord azimuth and distance being:
3. 101° 16′ 46″ 60.77 feet;
4. 180° 00′ 3.45 feet along Remainder of Parcel 433-B of the Honolulu Rail Transit Project, to the point of beginning and containing an area of 160 Square Feet.
HONOLULU RAIL TRANSIT PROJECT
EASEMENT 5
(FOR GUIDEWAY PURPOSES)
Affecting Remainder of Parcel 433-B
of the Honolulu Rail Transit Project
Being a portion of Land Court Application 1876
Situate at Kuwili, Honolulu, Oahu, Hawaii
Beginning at the Northwest corner of this easement, being an azimuth and distance of 273°30′ 7.61 from the Southwest corner of Remainder of Parcel 433-A of the Honolulu Rail Transit Project, the coordinates of said point of beginning referred to Government Survey Triangulation Station “PUNCHBOWL” being 2,254.00 feet North and 6,181.65 feet West thence running by azimuths measured clockwise from true South:
1. 273° 30′ 19.16 feet along Remainder of Parcel 433-A of the Honolulu Rail Transit Project;
2. 261° 00′ 14.37 feet along same;
3. 24° 00′ 19.60 feet along remainder of Remainder of Parcel 433-B of the Honolulu Rail Transit Project;
4. 114° 00′ 30.00 feet along same;
5. 204° 00′ 5.06 feet along same to the point of beginning and containing an area of 340 Square Feet.
HONOLULU RAIL TRANSIT PROJECT
EASEMENT 6
(FOR GUIDEWAY PURPOSES)
Affecting Remainder of Parcel 433-A
of the Honolulu Rail Transit Project
Being a portion of Lot 13 (Map 1) of
Land Court Application 1758
Situate at Kuwili, Honolulu, Oahu, Hawaii
Beginning at the Northeast corner of this easement, being the Southeast corner of Parcel 433-A of the Honolulu Rail Transit Project, the coordinates of said point of beginning referred to Government Survey Triangulation Station “PUNCHBOWL” being 2,257.42 feet North and 6,133.56 feet West thence running by azimuths measured clockwise from true South:
1. 81° 00′ 7.83 feet along Remainder of Parcel 433-B of the Honolulu Rail Transit Project;
Thence along remainder of Remainder of Parcel 433-A of the Honolulu Rail Transit Project, on a curve to the left with a radius of 649.75 feet, the chord azimuth and distance being:
2. 129° 53′ 38″ 6.21 feet;
3. 24° 00′ 5.58 feet along same;
4. 81° 00′ 14.37 feet along Remainder of Parcel 433-B of the Honolulu Rail Transit Project;
5. 93° 30′ 19.16 feet along same;
6. 204° 00′ 22.85 feet along remainder of Remainder of Parcel 433-A of the Honolulu Rail Transit Project;
Thence along Parcel 433-A of the Honolulu Rail Transit Project, on a curve to the left with a radius of 782.00 feet, the chord azimuth and distance being:
7. 294° 13′ 52″ 42.55 feet to the point of beginning and containing an area of 522 Square Feet.
HONOLULU RAIL TRANSIT PROJECT
EASEMENT 7
(FOR GUIDEWAY PURPOSES)
Affecting Remainder of Parcel 433-B
of the Honolulu Rail Transit Project
Being a portion of Land Court Application 1876
Situate at Kuwili, Honolulu, Oahu, Hawaii
Beginning at the Northwest corner of this easement, being the Southwest corner of Parcel 433-B of the Honolulu Rail Transit Project, the coordinates of said point of beginning referred to Government Survey Triangulation Station “PUNCHBOWL” being 2,257.42 feet North and 6,133.56 feet West thence running by azimuths measured clockwise from true South:
Along Parcel 433-B of the Honolulu Rail Transit Project, on a curve to the left with a radius of 782.00 feet, the chord azimuth and distance being:
1. 289° 03′ 27″ 98.61 feet;
Thence along the South side of Dillingham Boulevard, on a curve to the left with a radius of 759.34 feet, the chord azimuth and distance being:
2. 286° 44′ 17″ 4.34 feet;
Thence along remainder of Remainder of Parcel 433-B of the Honolulu Rail Transit Project, on a curve to the right with a radius of 750.00 feet, the chord azimuth and distance being:
3. 319° 39′ 21″ 31.89 feet;
4. 0° 00′ 12.08 feet along Lot 24 (Map 1) of Land Court Consolidation 97;
5. 348° 30′ 54.00 feet along same;
6. 274° 00′ 32.00 feet along same;
7. 348° 30′ 47.00 feet along Lots 24 and 23 (Map 1) of Land Court Consolidation 97;
8. 92° 30′ 28.40 feet along Lot 22 (Map 1) of Land Court Consolidation 97;
9. 123° 37′ 21.93 feet along Lots 22 (Map 1) and 21-B (Map 4) of Land Court Consolidation 97;
10. 234° 16′ 5.38 feet along remainder of Remainder of Parcel 433-B of the Honolulu Rail Transit Project;
11. 144° 14′ 6.32 feet along same;
Thence along same, on a curve to the left with a radius of 1,656.75 feet, the chord azimuth and distance being:
12. 143° 13′ 58.79 feet;
Thence along same, on a curve to the left with a radius of 699.50 feet, the chord azimuth and distance being:
13. 140° 06′ 51.26 feet;
Thence along same, on a curve to the left with a radius of 649.75 feet, the chord azimuth and distance being:
14. 134° 05′ 02″ 88.75 feet;
15. 261° 00′ 7.83 feet along Remainder of Parcel 433-A of the Honolulu Rail Transit Project, to the point of beginning and containing an area of 7,723 Square Feet.
HONOLULU RAIL TRANSIT PROJECT
EASEMENT 8
(FOR GUIDEWAY PURPOSES)
Affecting Lot 24
As shown on Map 1
Of Land Court Consolidation 97
Situate at Kuwili, Honolulu, Oahu, Hawaii
Beginning at the Southeast corner of this easement, being the Southeast corner of Lot 24 (Map 1) of Land Court Consolidation 97, also along the West side of Kaaahi Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station “PUNCHBOWL” being 2,218.17 feet North and 5,856.99 feet West thence running by azimuths measured clockwise from true South:
1. 88° 52′ 112.54 feet along Lot 23 (Map 1) of Land Court Consolidation 97;
2. 168° 30′ 16.83 feet along Remainder of Parcel 433-B of the Honolulu Rail Transit Project;
3. 94° 00′ 32.00 feet along same;
4. 168° 30′ 54.00 feet along same;
5. 180° 00′ 12.08 feet along same;
Thence along remainder of Lot 24 (Map 1) of Land Court Consolidation 97, on a curve to the right with a radius of 750.00 feet, the chord azimuth and distance being:
6. 321° 32′ 13″ 17.36 feet;
Thence along same, on a curve to the right with a radius of 1,707.25 feet, the chord azimuth and distance being:
7. 323° 13′ 60.58 feet;
8. 324° 14′ 6.34 feet along same;
9. 234° 16′ 68.03 feet along same;
10. 187° 03′ 25.46 feet along same;
Thence along the South side of Dillingham Boulevard, on a curve to the left with a radius of 759.34 feet, the chord azimuth and distance being:
11. 275° 46′ 21.20 feet;
Thence along the West side of Kaaahi Street, on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being:
12. 316° 55′ 40.11 feet;
13. 358° 52′ 47.82 feet along same to the point of beginning and containing an area of 7,299 Square Feet.
HONOLULU RAIL TRANSIT PROJECT
EASEMENT 10
(FOR GUIDEWAY PURPOSES)
Affecting Lot 21-B
As shown on Map 4
Of Land Court Consolidation 97
Situate at Kuwili, Honolulu, Oahu, Hawaii
Beginning at the Northwest corner of this easement, being the Southwest corner of Lot 22 (Map 1) of Land Court Consolidation 97, the coordinates of said point of beginning referred to Government Survey Triangulation Station “PUNCHBOWL” being 2,032.04 feet North and 6,009.51 feet West thence running by azimuths measured clockwise from true South:
1. 303° 37′ 20.71 feet along Lot 22 (Map 1) of Land Court Consolidation 97;
Thence along same, on a curve to the left with a radius of 178.00 feet, the chord azimuth and distance being:
2. 286° 14′ 30″ 106.31 feet;
3. 268° 52′ 5.74 feet along same;
Thence along same, on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being:
4. 223° 52′ 42.43 feet;
5. 358° 52′ 30.00 feet along the West side of Kaaahi Street;
Thence along same, on a curve to the left with a radius of 238.00 feet, the chord azimuth and distance being:
6. 350° 51′ 10″ 66.36 feet;
Thence along Lot 42 (Map 8) of Land Court Consolidation 97, on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being:
7. 125° 51′ 10″ 36.10 feet;
8. 88° 52′ 16.16 feet along same;
Thence along same, on a curve to the right with a radius of 222.00 feet, the chord azimuth and distance being:
9. 104° 58′ 20″ 123.17 feet;
10. 146° 59′ 6.30 feet along same;
11. 182° 39′ 30″ 48.14 feet along remainder of Lot 21-B (Map 4) of Land Court Consolidation 97, to the point of beginning and containing an area of 7,593 Square Feet.
HONOLULU RAIL TRANSIT PROJECT
EASEMENT 16
Being Easement 16, area 6,375 Sq. Ft., for Guideway purposes, as shown on Map (pending), over and across Lot 23, as shown on Map 1, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Consolidation 97 of Bonded Investment Company, Ltd. and being all of the land described in Transfer Certificate of Title No. ________, issued to Hawaiian Electric Co. Inc.
Situate at Kuwili, Honolulu, Oahu, Hawaii.
* * * * * *
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
(SA1132266 9/22/18)
