Honolulu Authority for Rapid Transportation
RESOLUTION NO. 2024-7
REQUEST FOR APPROVAL TO ACQUIRE BY EMINENT DOMAIN AN EASEMENT OVER, UNDER, THROUGH, AND ACROSS A PORTION OF THE REAL PROPERTY IDENTIFIED AS TAX MAP KEY (1) 1-2-002-113, LOCATED AT 1808 DILLINGHAM BOULEVARD, HONOLULU, HAWAII 96819, AND OWNED BY FMK PROPERTIES LLC.
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 development of the fixed guideway system;" and
WHEREAS, prior to such acquisition the Charter directs HART to submit a list of real property to be acquired by eminent domain to the City Council; and
WHEREAS, the City Council may approve the acquisition by eminent domain or may object by adoption of a resolution within 45 days of the notification to acquire the real property; and
WHEREAS, the acquisition by eminent domain of an easement over, under, through and across a portion of the real property identified as Tax Map Key (TMK) (1) 1-2-002-113, which easement is more particularly described in the attached legal description and parcel map marked as Exhibit A (“Easement”), is necessary for the relocation of utilities in connection with the development of the Honolulu Rail Transit Project (HRTP) fixed guideway system, a valid public use and purpose; and
WHEREAS, the purpose, type, description and restrictions of the Easement HART is acquiring by eminent domain is described in Exhibit B; and
WHEREAS, HART is acquiring these rights pursuant to the HART and HECO Utility Inspection and Property Transfer Agreement dated May 16, 2018 for the Airport Guideway and City Center Sections of the HRTP.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of HART as follows:
1. That all legal preconditions for the acquisition of the Easement by eminent domain are determined to have been met. More specifically:
a. The HART Board has provided the necessary preauthorizations and notifications to the City Council, and the City Council has approved and/or taken no action regarding the acquisition of the Easement by eminent domain;
b. HART has provided the owner(s) with the requisite notices and has given the owner(s) the opportunity to accompany HART’s appraiser during the appraiser’s site inspection;
c. HART has obtained an appraisal of the Easement, made by a qualified appraiser licensed in the State of Hawaii;
d. HART’s appraisal was approved by a qualified review appraiser, in accordance with federal requirements, and HART received the necessary appraisal concurrence from the Federal Transit Administration, if applicable;
e. HART has established amounts that it believes are just compensation for the Easement, based on HART’s approved appraisal;
f. HART has made a written offer to the owner(s) in the full amount of the just compensation established by HART, which written offer included a written statement of the basis for the offer of just compensation, in accordance with 49 C.F.R. 24.102(e); and
g. HART has made reasonable efforts to contact the owner(s) and/or the owner’s representatives to discuss its offer to purchase the Easement and has given the owner(s) a reasonable opportunity to consider HART’s offer and to respond.
2. That the acquisition by eminent domain of the Easement 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
3. That the acquisition of the Easement by eminent domain is determined and declared to be for a valid public use and purpose as aforesaid; and
4. That the acquisition of the Easement by eminent domain is determined and declared to be necessary for the aforesaid public use and purpose; and
5. 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, the HART Board and/or the Court before which such proceedings are commenced; and
6. That the Board Executive Officer be directed to transmit copies of this resolution to HART and the Department of Corporation Counsel.
ADOPTED by the Board of the Honolulu Authority for Rapid Transportation
on:________________________________________
______________________
Board Chair
ATTEST:
_________________
Board Attorney
Exhibit A – Legal Description of Easement and Map
Exhibit B – Description of Easement Terms
EXHIBIT A
Legal Description of Easement and Map
Easement A
For Electrical Purposes
In Favor of Hawaiian Electric Company, Inc.
As Shown on (Parcel Map)
Affecting a Portion of Lots 8, 10, & 12
of Kapiolani Tract
Being also a Portion of Land Patent 8194, Land Commission Award 6450,
Apana 1 to Kaunuohua no Moehonua
SITUATE AT MOKAUEA, KALIHI, HONOLULU, ISLAND OF OAHU, HAWAII
Beginning at the West corner of this easement, along the Northeast side of Dillingham Boulevard, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOKAUEA", being 4,593.63 feet South and 4,847.81 feet West, thence running by azimuths measured clockwise from true South:
1. 222° 20′ 8.00 feet;
2. 312° 20′ 11.50 feet;
3. 42° 20′ 8.00 feet;
4. 132° 20′ 11.50 feet along the Northeast side of Dillingham Boulevard to the point of beginning and containing an area of 92 Square Feet.
R. M. TOWILL CORPORATION
Description Prepared by:
2024 North King Street, Suite 200
Honolulu, Hawaii 96819 /s/Ryan M. Suzuki 4/30/24
December 7, 2022 Ryan M. Suzuki Expiration Date
TMK: (1) 1-2-002: 113 Licensed Professional Land Surveyor
PID 459 Certificate Number 10059
Exhibit B
Description of Easement Terms
Electrical Easement (Underground Lines and Transformer with Access)
Grant and conveyance of a perpetual right and easement to construct, reconstruct, access, operate, maintain, repair, replace and remove transformer, bollards, underground lines and such other appliances and equipment as may be necessary for the transmission and distribution of electricity and/or communication, including all service lines emanating from the main trunk line, to be used for light and power and/or communication and control circuits, including, without limiting the generality of the foregoing, the right (but not the obligation) to trim, keep trimmed, remove, and control any trees and vegetation in the way of its lines, appliances and equipment and a right of entry upon the Grantor’s land and appurtenant interests, if any, for the aforesaid purposes, over, under, upon, across and through the Easement.
RESERVING, HOWEVER, unto the Grantor, its respective successors, tenants, transferees, licensees and assigns, the right to use any portions of the granted premises not occupied by the lines, appliances and equipment of the Grantee, including rights of way over, under and across the Easement, provided, however that such reserved rights shall not be exercised in any manner that will unreasonably interfere with the Grantee’s use of the Easement, its lines, appliances and equipment, or Grantee’s access to and maintenance of said lines, appliances and equipment. The Grantor shall not at any time during the term of the Grant of Easement erect or place any building or structure of any kind, including any foundation thereof, below or on the surface of the Easement Area, without the written consent of the Grantee. In its exercise of the reserved rights herein, the Grantor shall not interfere with the Grantee’s right to use, travel over and across, improve, maintain, replace and repair the Easement Area and the facilities and equipment of the Grantee within the Easement Area or the adjacent public road right of way, as the case may be. Such limitations on Grantor’s use of the Easement Area shall include, but not be limited to; the installation and maintenance of any vegetation or landscaping that may interfere with Grantee’s right to access, use and travel over and across the Easement Area.
(SA1461879 7/23/24)
