APPROVAL TO ACQUIRE BY EMINENT DOMAIN FEE SIMPLE INTEREST IN A PORTION OF THE REAL PROPERTY IDENTIFIED AS TAX MAP KEY (1) 2-1-031-008, LOCATED AT 560 HALEKAUWILA STREET, HONOLULU, HAWAII 96813, AND OWNED BY DESIGN PARTNERS PROPERTIES #5, LLC

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

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

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 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 Property, 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, 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 Property 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 Property 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 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 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.

_____________________________
Board Chair

HONOLULU RAIL TRANSIT PROJECT

PARCEL 457
Being a portion of Lot C
As shown on Subdivision File No. 1978/SUB-221
Being a Portion of
Royal Patent 7429, Mahele Award 61 to B. Namakeha

Situate at Kaalaa, Honolulu, Oahu, Hawaii

1. 230° 30′ 6.50 feet along Remainder of Parcel 457 of Honolulu Rail Transit Project;

2. 320° 30′ 22.74 feet along same;

3. 50° 30′ 6.50 feet along same;

4. 140° 30′ 22.74 feet along the Northeast side of Halekauwila Street, to the point of beginning
and containing an area of 148 Square Feet.

Description Prepared By:
AUSTIN, TSUTSUMI & ASSOCIATES, INC.

ERIK S. KANESHIRO
Licensed Professional Land Surveyor
Certificate No. 9826
Exp. 04/26

Honolulu, Hawaii
June 5, 2024