Honolulu Authority for Rapid Transportation
RESOLUTION NO. 2024-9
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) 1-2-026-007, LOCATED AT 2310 KAMEHAMEHA HIGHWAY, HONOLULU, HAWAII 96819, AND OWNED BY MARUKAI HAWAII CO. LTD.
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 "[t]o 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) 1-2-026-007, which easement is more particularly described in the attached legal description and parcel map marked as Exhibit A (“Easement”), is necessary for 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 with the requisite notices and has given the owner 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 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 and/or the owner’s representatives to discuss its offer to purchase the Easement and has given the owner 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 Attorney 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 3 and Map
AFFECTING A PORTION OF PARCEL 3, PART 2
BEING A PORTION OF R.P. 6888, AP. 2 PART 1 TO HEWAHEWA
AT KALIHI, HONOLULU, OAHU, HAWAII
Beginning at the west corner of this easement, on the northerly side of Kamehameha Highway [Project No. S.N. FAP 9-D (4)], the coordinates of said point of beginning referred to Government Survey Triangulation Station "HAUIKI" being 4,523.50 feet South and 3,498.58 feet west and thence running by azimuths measured clockwise from true south:
1. 225° 56′ 44.89 feet along Lot 1-A (H.T.S. Plat 2153-C);
2. 304° 04′ 148.60 feet;
3. 29° 21′ 24.23 feet;
4. Thence along the north side of Kamehameha Highway [Project No. S.N. FAP 9-D (4)], on a curve to left with a radius of 1979.86 feet, the chord azimuth and distance being:
117° 00′ 41" 161.04 feet to the point of beginning and containing an area of 5,038 Square Feet.
Exhibit B
Description of Easement Terms
Electrical Easement (Stringing and Access)
Grant and conveyance of a perpetual right and easement for sway and stringing purposes necessary to operate and maintain poles, overhead and/or underground lines and such other appliances and equipment located on adjacent property as may be necessary for the transmission and distribution of electricity and/or communication, 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 certain Easement.
RESERVING, HOWEVER, unto the Grantor, its respective successors, tenants, transferees, licensees and assigns, the right to use any portions of the granted premises, 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 Area. The Grantor shall not, at any time during the term of this Grant of Easement, (i) erect, install or place any kind of building, structure, or foundation below or upon the surface of the Easement Area, or (ii) plant or place any kind of tree or other vegetation below or upon the surface of the Easement Area, without the prior 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.
(SA1461889 7/23/24)
