Honolulu Authority for Rapid Transportation
RESOLUTION NO. 2026-5
TO ACQUIRE BY EMINENT DOMAIN FEE SIMPLE INTERESTS AND A TEMPORARY CONSTRUCTION EASEMENT OVER, UNDER, ABOVE AND THROUGH PORTIONS 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 fee simple interests and a temporary construction easement over, under, above and through portions of the real property identified as Tax Map Key (TMK) (1) 2-1-031-030, which property interests (collectively, the “Property Interests”) are more particularly described in the attached legal descriptions marked as Exhibit A-1 (“Lot 447-A”), Exhibit A-2 (“Lot 447-B”), and Exhibit A-3 (“temporary construction easement”), and shown on the parcel map marked as Exhibit A-4, 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 fixed guideway system, a valid public use and purpose; and
WHEREAS, the purpose, type, description and restrictions of the temporary construction easement HART is acquiring by eminent domain is described in Exhibit B; 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 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:
on: _____________________________________________________
_____________________________
Board Chair
ATTEST:
_________________
Board Executive Officer
EXHIBIT A-1
LOT 447-A
Being a Portion of Lot 6-A as Shown on Map 9
of Land Court Application 345
Situate at Honuakaha and Kaakaukukui, Honolulu, Oahu, Hawaii
Beginning at the South corner of this parcel of land, along the Northeast side of Halekauwila Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUNCHBOWL" being 4,081.36 feet South and 3,326.03 feet West, thence running by azimuths measured clockwise from true South:
I. 140° 30′ 298.87 feet along the Northeast side of Halekauwila Street;
2. 230° 26′ 24.00 feet along Lot 447-C, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
3. 320° 26′ 96.60 feet along Lot 447-C, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
4. 230° 26′ 23.05 feet along Lot 447-C, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
5. 320° 36′ 30" 202.33 feet along Lot 447-C, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
6. 50° 30′ 46.78 feet along the Northwest side of Keawe Street to the point of beginning and containing an area of 11,827 square feet.
R. M. TOWILL CORPORATION
Description prepared by:
/s/ Ryan M. Suzuki Exp: 4/30/26
Licensed Professional Land Surveyor
Certificate Number 10059
2024 North King Street, Suite 200
Honolulu, Hawaii 96819
January 12, 2026
TMK: (1) 2-1-031: 030
Note: This description is for exhibit purposes only and does not purport a legally subdivided lot.
EXHIBIT A-2
LOT 447-B
Being a Portion of Lot 6-A as Shown on Map 9
of Land Court Application 345
Situate at Honuakaha and Kaakaukukui, Honolulu, Oahu, Hawaii
Beginning at the West corner of this parcel of land, along the Northeast side of Halekauwila Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUNCHBOWL" being 3,777.30 feet South and 3,576.68 feet West, thence running by azimuths measured clockwise from true South:
1. 229° 56′ 30" 20.90 feet along Lot 447-C, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
2. 319° 56′ 30" 29.00 feet along Lot 447-C, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
3. 49° 56′ 30" 21.18 feet along Lot 447-C, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
4. 140° 30′ 29.00 feet along the Northeast side of Halekauwila Street to the point of beginning and containing an area of 610 square feet.
R. M. TOWILL CORPORATION
Description prepared by:
/s/ Ryan M. Suzuki Exp: 4/30/26
Licensed Professional Land Surveyor
Certificate Number 10059
2024 North King Street, Suite 200
Honolulu, Hawaii 96819
January 12, 2026
TMK: (1) 2-1-031: 030
Note: This description is for exhibit purposes only and does not purport a legally subdivided lot.
EXHIBIT A-3
Easement TCE-1 Affecting Lot 447-C
Being a Portion of Lot 6-A as Shown on Map 9
of Land Court Application 345
For Temporary Construction Purposes
In favor of HART
Situate at Honuakaha and Kaakaukukui, Honolulu, Oahu, Hawaii
Beginning at the Northwest corner of this easement, along the Northeast side of Halekauwila Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUNCHBOWL" being 3,777.01 feet South and 3,576.92 feet West, thence running by azimuths measured clockwise from true South:
1. Along Lot 6-B (Map 9) of Land Court Application 345, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being:
212° 07′ 27" 20.13 feet;
2. Thence along Lot 6-B (Map 9) of Land Court Application 345, on a curve to the right with a radius of 1347.00 feet, the chord azimuth and distance being:
243° 10′ 33" 39.36 feet;
3. 320° 36′ 30" 392.14 feet;
4. 50° 30′ 9.99 feet along the Northwest side of Keawe Street;
5. 140° 36′ 30" 202.33 feet along Lot 447-A, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
6. 50° 26′ 23.05 feet along Lot 447-A, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
7. 140° 26′ 96.60 feet along Lot 447-A, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
8. 50° 26′ 24.00 feet along Lot 447-A, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
9. 140° 30′ 66.18 feet along the Northeast side of Halekauwila Street;
10. 229° 56′ 30" 21.18 feet along Lot 447-B, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
11. 139° 56′ 30" 29.00 feet along Lot 447-B, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
12. 49° 56′ 30" 20.90 feet along Lot 447-B, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
13. 140° 30′ 0.38 feet along the Northeast side of Halekauwila Street to the point of beginning and containing an area of 10,282 square feet.
R. M. TOWILL CORPORATION
Description prepared by:
/s/ Ryan M. Suzuki Exp: 4/30/26
Licensed Professional Land Surveyor
Certificate Number 10059
2024 North King Street, Suite 200
Honolulu, Hawaii 96819
January 12, 2026
TMK: (1) 2-1-031: 030
Note: This description is for exhibit purposes only and does not purport a legally subdivided lot.
Exhibit B
Temporary Construction Easement Terms 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.
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.
(SA1525114 4/13/26)
