NOTICE
Honolulu Authority for Rapid Transportation
RESOLUTION NO. 2018-15
AUTHORIZING THE ACQUISITION OF GUIDEWAY EASEMENT OVER, ON, AND ACROSS THE REAL PROPERTY IDENTIFIED AS TAX MAP KEY 2-1-031-030 (PORTION), LOCATED AT 616 KEAWE STREET, HONOLULU, HAWAII 96813 (ALSO REFERRED TO AS: 609 SOUTH STREET, HONOLULU, AND 607 SOUTH STREET, HONOLULU), AND OWNED BY SERVCO PACIFIC, 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 guideway easement over, on, and across the real property identified as Tax Map Key (TMK) 2-1-031-030 (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 2-1-031-030 (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
EASEMENT 447-A
FOR HONOLULU HIGH CAPACITY TRANSIT CORRIDOR PROJECT
BEING PORTION OF LOT 6-A (MAP 9) OF LAND COURT APPLICATION 345
SITUATE AT HONUAKAHA AND KAAKAUKUKUI, HONOLULU, OAHU, HAWAII
Beginning at the Southeast corner of this parcel of land, the direct azimuth and distance from the South corner of Lot 6-A (Map 9) of Land Court Application 345 being: 140° 30′ 23.88 feet, and on the North side of Halekauwila Street, the coordinates of which referred to Government Survey Triangulation Station “PUNCHBOWL” being 4062.93 feet South and 3341.21 feet West and running by azimuths measured clockwise from true South:
1. 140° 30′ 235.33 feet along the North side of Halekauwila Street;
2. 229° 56′ 30″ 2.54 feet along remainder of Lot 6-A (Map 9) of Land
Court Application 345;
3. 319° 56′ 30″ 7.12 feet along remainder of Lot 6-A (Map 9) of Land
Court Application 345;
4. 229° 56′ 30″ 23.84 feet along remainder of Lot 6-A (Map 9) of Land
Court Application 345;
5. 319° 56′ 30″ 194.17 feet along remainder of Lot 6-A (Map 9) of Land
Court Application 345;
6. 49° 56′ 30″ 27.18 feet along remainder of Lot 6-A (Map 9) of Land
Court Application 345;
7. 319° 56′ 30″ 34.03 feet along remainder of Lot 6-A (Map 9) of Land
Court Application 345;
8. 49° 56′ 30″ 1.51 feet along remainder of Lot 6-A (Map 9) of Land
Court Application 345 to the point of beginning and containing an area of 5,383 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, Tern Fujii, Hoyt Zia, John Henry Felix, Glenn Nohara, Ember Shinn, Jade Butay
NOES: None
CINDY MATSUSHITA
Board Executive Officer
(SA1151928 12/8/18)
