Hawaii's State Legals & Public Notices | 0001502726-01 | Hawaii's State Legals & Public Notices

Honolulu Authority for Rapid Transportation

RESOLUTION NO. 2025-17

TO ACQUIRE BY EMINENT DOMAIN PERMANENT EASEMENTS AND A TEMPORARY
CONSTRUCTION EASEMENT OVER, UNDER, ABOVE AND THROUGH A PORTION OF THE REAL
PROPERTY IDENTIFIED AS TAX MAP KEY (1) 2-1-031-030, LOCATED AT 616 KEAWE STREET,
HONOLULU, HAWAII 96813, AND OWNED BY SERVCO PACIFIC INC.

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 permanent easements and a temporary construction easement over, under, above, and through a portion of the real property identified as Tax Map Key (TMK) (1) 2-1-031-030, which easements are shown as Easements 447-A, 447-B and TCE-1 on Exhibit A and are more particularly described in the attached legal description attached as Exhibit A-1 (permanent easements) and Exhibit A-2 (temporary construction easement) (all easements collectively referred to as the “Property Interests”), are necessary for the development (and redevelopment), construction (and reconstruction), improvement, upgrade, building, installation, location, placement, removal, enlargement, structural modification, safety updates, reduction, inspection, protection, operation, use (including public use), preservation, protection, maintenance and repair of a support pier, utilities and station relative to 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 Property Interests HART is acquiring by eminent domain are described in Exhibit B-1 and B-2; and

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of HART as follows:

1. That all legal preconditions for the acquisition of the Property Interests 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 Property Interests 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 Property, and Property Interests, 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 Property Interests, 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 Property Interests 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 Property Interests 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 Property Interests 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 Property Interests 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-1

EASEMENT 447-A

Being Easement 447-A, area 11,826 Square Feet, for Honolulu High Capacity Transit Corridor Project purposes, as shown on Map _____, affecting Lot 6-A, as shown on Map 9, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application 345 of Honolulu Rapid Transit & Land Company and being a portion of the land described in Transfer Certificate of Title No. ______ issued to The City and County of Honolulu.

Situate at Honolulu, Oahu, Hawaii.

Description Prepared By:
ENGINEERS SURVEYORS HAWAII, INC.

/S/ Miles S. Horie
1320 North School Street Miles S. Horie
Honolulu, Hawaii 96817 Licensed Professional Land Surveryor
Certificate Number 10007
June 20, 2025 Exp. 4-30-26
14-73 Land Court Certificate Number 338

Exhibit A-1

EASEMENT 447-B

Being Easement 447-B, area 610 Square Feet, for Honolulu High Capacity Transit Corridor Project purposes, as shown on Map _____, affecting Lot 6-A, as shown on Map 9, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application 345 of Honolulu Rapid Transit & Land Company and being a portion of the land described in Transfer Certificate of Title No. ______ issued to The City and County of Honolulu.

Situate at Honolulu, Oahu, Hawaii.

Description Prepared By:
ENGINEERS SURVEYORS HAWAII, INC.

Exhibit A-2

EASEMENT TCE-1
TEMPORARY CONSTRUCTION EASEMENT

Being Easement TCE-1, area 10,281 Square Feet, for Honolulu High Capacity Transit Corridor Project purposes, as shown on Map _____, affecting Lot 6-A, as shown on Map 9, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application 345 of Honolulu Rapid Transit & Land Company and being a portion of the land described in Transfer Certificate of Title No. ______ issued to The City and County of Honolulu.

Situate at Honolulu, Oahu, Hawaii.

Description Prepared By:
ENGINEERS SURVEYORS HAWAII, INC.

Exhibit B-1
Description of Permanent Easement Terms
Guideway, Platform and Concourse, Setback, Column and Footings and Utility Easements
with Covenants and Restrictions

The “Project” is the Honolulu Rail Transit Project. “Project Improvements” include an elevated fixed guideway, aerial tracks and support structures (as well as ancillary improvements and uses associated therewith), stations, platforms, concourses, fare stations and public access points (as well as incidentals thereto and all improvements, fixtures, equipment, and other facilities and appurtenances as well as ancillary improvements and uses associated therewith), trains, columns and footings.

a. Guideway Easement: A perpetual, exclusive guideway easement (the “Guideway Easement”) in those portions of the Easement Areas on, under, in, within, across, along, around, about, through, and upon which a guideway, tracks and trains and ancillary improvements are or may be constructed, located, placed, used, maintained, repaired, and operated along with any safety and protective measures or similar improvements, and other support structures and appurtenances thereto (such structures and appurtenances, collectively, the “Guideway,” and the “Guideway Area”). The Guideway Area has no depth or height limit. The Guideway Area may be used by HART and other HART Parties, at any time, from time to time and without notice, for the development (and redevelopment), construction (and reconstruction), upgrade, building, installation, location, placement, removal, enlargement, structural modification, safety updates, reduction, inspection, operation, preservation, protection, and maintenance and repair of the Guideway.

b. Platform and Concourse Easement. A perpetual exclusive platform and concourse easement (“Platform and Concourse Easement”) in those portions of the Easement Areas on, under, in, within, across, along, around, about, through, and upon which a platform, concourse and ancillary improvements are or may be constructed, located, placed, used, maintained, repaired, and operated along with any safety and protective measures or similar improvements, and other support structures and appurtenances thereto (such structures and appurtenances, collectively, the “Platform and Concourse,” and the “Platform and Concourse Area”). The Platform and Concourse Easment shall include an easement for members of the public to wait, board and deboard. The Platform and Concourse Area has no depth or height limit. The Platform and Concourse Area may be used by HART and other HART Parties, at any time, from time to time and without notice, for the development (and redevelopment), construction (and reconstruction), upgrade, building, installation, location, placement, removal, enlargement, structural modification, safety updates, reduction, inspection, operation, preservation, protection, and maintenance and repair of the Platform and Concourse.

c. Setback Easement: A perpetual, exclusive setback easement (the “Setback Easement”) in those portions of the Easement Areas on, under, in, within, across, along, around, about, through, and upon which a safety buffer area may be constructed, located, placed, used, maintained, repaired, and operated along with any protective improvements, and other and appurtenances thereto (collectively, “Setback,” and “Setback Area”): the bottom horizontal boundary of the Setback Area is the surface of the real property with no height limit and the vertical boundaries of the Setback Easement are vertical surfaces that extend upwards at ninety degree (90°) angles from furthermost boundary of the Easement Areas.

d. Column and Footings Easement. A perpetual, exclusive column and footings easement (the “Column and Footings Easement”) in those portions of the Easement Areas on, under, in, within, across, along, around, about, through, and upon which a column and footing(s), foundation(s) and foundation system(s) are or may be constructed, located, placed, used, maintained, repaired, and operated along with any protective bollards or similar improvements, and other support structures and appurtenances thereto (such support structures and appurtenances, collectively, the “Column and Footings,” and the “Column and Footings Area“). The Column and Footings Area has no depth limit. The Column and Footings Area may be used by HART and other HART Parties, at any time, from time to time and without notice, for the development (and redevelopment), construction (and reconstruction), upgrade, building, installation, location, placement, removal, enlargement, structural modification, safety updates, reduction, inspection, operation, preservation, protection, and maintenance and repair of the Footings.

e. Utility Easement. A perpetual, exclusive utility easement (“Utility Easement”) in those portions of the Easement Area on, under, in, within, across, along, around, about, through, and upon which utility systems, including a traction power substation (“TPSS”), are or may be constructed, located, placed, used, maintained, repaired, and operated along with appurtenances thereto, to operate, maintain, repair, replace and remove transformers, underground wire lines and other such appliances and equipment for the transmission and distribution of electricity and communication, including but not limited to, transformers, switch gear, and TPSS-related equipment, used for the transmission and distribution of electricity and communication, and other activities, including access to manhole and pull box areas to facilitate connections between the TPSS and transformer as may be needed to support the above purposes, collectively, the “Utilities,” and the “Utility Area”). The Utility Area has no depth or height limit. The Utility Area may be used by HART and other HART Parties, at any time, from time to time and without notice, for the development (and redevelopment), construction (and reconstruction), upgrade, building, installation, location, placement, removal, enlargement, structural modification, safety updates, reduction, inspection, operation, preservation, protection, and maintenance and repair of the Utilities. HART may grant or assign the Utility Easement in whole or in part.

f. Access: Grantor grants the Easement together with, and the Easement includes without limitation, the right to use all necessary and convenient means of access to and from, including, without limitation, ingress to and egress from the Easement Areas, including, without limitation, the (a) Guideway Area; (b) Platform and Concourse Area; (c) Setback Area; (d) Columns and Footings Area; and (e) Utility Area in any case, to and from the public street or highway most convenient thereto (including, without limitation, roadways within the Easement Areas and Grantor-owned lands/property surrounding the Easement Areas as necessary or convenient for access to and from, including, without limitation, ingress to and egress from, the Easement Areas from public streets or highways for all purposes related to the Project).

The Guideway Area, Platform and Concourse Area, Setback Area, Columns and Footings Area and Utility Area all have the same footprint as the Easement Areas.

The Easements are intended to provide for aerial, surface and subsurface rights for the Project, with and including rights for subsurface footing, foundation, foundation systems, or other support structures and appurtenances.

2. Purpose and Use, Plaintiff’s Rights. The Easements are for the development (and redevelopment), construction (and reconstruction), improvement, upgrade, building, installation, location, placement, removal, enlargement, structural modification, safety updates, reduction, inspection, protection, operation, use (including public use), preservation, protection, maintenance and repair (collectively, the “Construction, Operation and Maintenance” or the “CO&M”) of the Project, including, without limitation, Project Improvements, together with all rights incidental thereto, and such other purposes as are authorized or permitted by law, whether by statute or deemed by common law or otherwise to be compatible and consistent with the purposes of the Easement, including any ancillary and incidental uses. The purposes of the Easement and HART’s rights under and/or pursuant to this instrument include, without
limitation:

a. The CO&M of the Project Improvements and any ancillary and incidental uses;

b. The right to use the Easement Areas for CO&M material, equipment, and vehicles, as well as similar items, matters and things, together with and for pedestrian, vehicle and equipment use, access, ingress and egress purposes, including, without limitation, the CO&M of any and all Project Improvements, fixtures, equipment, and other facilities described in and/or contemplated by this instrument and/or the Project (collectively, the “Facilities”), together with any and all appurtenances pertaining thereto; and

c. The right but not the obligation to clear the Easement Areas of any and/or all obstructions, to cut, trim and/or remove trees, shrubbery and/or other vegetation located in, on, about, along, over, under, or otherwise affecting the Easement Areas, or that may interfere or threaten to interfere with or endanger or threaten to endanger the Project, including, without limitation, the reliability, efficiency, and/or the CO&M of the Project, the Facilities, and/or the appurtenances thereto, through any reasonable means.

d. At any time, HART shall have the right to remove, or cause to be removed, any structures, improvements, equipment, personal property and/or moveable items within the Easement Areas.

e. HART shall have the right, at HART’s sole cost, to establish safety buffers as needed and HART may, without limitation, temporarily or permanently: (1) cordon off a safety buffer from the public and pedestrian traffic by fencing or other barrier systems and (2) place other protective measures. HART shall repair, maintain, and secure any such fencing or barrier systems, and any equipment or supplies stored therein.

f. HART has the right to store temporarily any non-hazardous or combustible equipment or supplies related to active and ongoing CO&M.

g. HART may assign the Easements in whole or in part, by providing written notice to Grantor upon recordation of such assignment.

3. Grantor’s Restrictions, Obligations and Covenant Running with the Land. The following prohibitions and limitations shall be covenants running with Grantor’s land.

a. Grantor shall not, commit or permit a use that might cause a hazardous condition to exist with respect to, or that might interfere with, endanger, or otherwise adversely affect, the Project. Grantor shall not construct or allow to be constructed any structure, building, or other improvement adjacent to the Easement Areas which interferes with the safe, efficient, and convenient operation of the Project or which conflict with or which are in violation of applicable laws. The foregoing prohibitions shall be a covenant running with Grantor’s land.

b. Prohibition on Grantor’s Construction and Landscaping. No construction or installment of any structure, building, other improvement, trees and/or equipment by Grantor shall be allowed within the Easement Areas, including any overhanging growth. In the event Grantor’s property and/or uses encroach into the Easement Areas, Grantor shall be responsible for removing such encroachments. In the event Grantor fails to remove such encroachment after written notice from HART, HART may remove, or cause to be removed, such
encroachment at Grantor’s expense, provided, however, that written notice is not required for emergency situtations.

4. Floor Area Ratio. HART shall be entitled to the floor area ratio (FAR) needed to construct the Project Improvements within the Easement Areas. At the end of HART’s initial construction of the Project Improvements, HART shall provide Grantor with the calculation of the FAR used for the Project Improvements. Grantor shall be entitled to any remaining FAR.

Exhibit B-2
Temporary Construction Easement Terms with Covenants and Restrictions

1. Grant. Grantor shall grant and convey unto the City and County of Honolulu, for the use and benefit of the Honolulu Authority for Rapid Transportation (“HART”) and its employees, agents, consultants, sub-consultants, contractors, subcontractors, suppliers and other representatives and any successors, successors in interest or assigns of HART (“HART Parties”) or any of the foregoing parties a temporary exclusive easement (“Temporary Easement”) over a portion of Grantor’s property (“Temporary Easement Area”) for the purpose of surveying, clearing, laydown area, construction, storage of equipment and materials, and other activities as necessary for the development of the Civic Center Station, a part of the Project and Project Improvements. Grantor grants the Temporary Easement together with, and the Temporary Easement includes without limitation, the right to use all necessary and convenient means of access to and from, including, without limitation, ingress to and egress from the Temporary Easement Area, including, without limitation, to and from the public street or highway most convenient thereto.

2. Purpose and Use.

a. Construction. The Temporary Easement is for the development, construction, improvement, upgrade, building, installation, location, placement, removal, enlargement, structural removal, safety updates, reduction, inspection, protection, operation, (“Construction”) of the Project, including, together with all rights incidental thereto, and such other purposes as are authorized or permitted by law, whether by statute or deemed by common law or otherwise to be compatible and consistent with the purposes of the Temporary Easement. The Temporary Easement Area must be and remain available at all times and without notice for the Construction. HART shall have the right to use the Temporary Easement Area for construction material, equipment, and vehicles, as well as similar items, matters and things, together with and for pedestrian, vehicle and equipment use, access, ingress and egress purposes, including, without limitation, any support of Construction and Project Improvements.

b. Fencing. HART shall have the right to fence the whole or any part of the Temporary Easement Area. At the end of the term, HART shall remove such fencing, if any has been constructed.

c. Demolition. HART shall have the right to clear the Temporary Easement Area of any and all buildings, improvements, equipment, personal property, obstructions, and to cut, trim and/or remove trees, shrubbery and/or other vegetation located in, on, about, along, over, under, or otherwise affecting the Temporary Easement Area.

3. Term. These rights shall be granted until commencement of Revenue Service of the Civic Center segment of the Project.

4. Restoration. Upon expiration of this Temporary Construction Easement, remove all equipment and other property placed within the Temporary Easement Area by HART, and fill and level all ditches caused by construction and remove all debris. Any improvements, equipment, personal property, and/or obstructions removed in the course of Construction shall not be replaced.

5. Covenant. The foregoing rights, obligations and limitations shall be covenants running with Grantor’s land.

(SA1502726 8/19/25)