NOTICE
Honolulu Authority for Rapid Transportation
RESOLUTION NO. 2019-10
AUTHORIZING THE ACQUISITION OF FEE SIMPLE INTERESTS AND EASEMENT OVER, ON, AND ACROSS THE REAL PROPERTY IDENTIFIED AS TAX MAP KEY 1-5-020-003 (PORTION), LOCATED AT 1095 DILLINGHAM BOULEVARD, HONOLULU, HAWAII 96817, AND OWNED BY MICAH A. KANE, LANCE KEAWE WILHELM, ROBERT K.W.H. NOBRIGA, CORBETT AARON KAMOHAIKIOKALANI KALAMA, AND ELLIOT K. MILLS, TRUSTEES UNDER THE WILL AND OF THE ESTATE OF BERNICE PAUAHI BISHOP BY EMINENT DOMAIN
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, the Honolulu City Council approved or did not object to the acquisition of the fee simple interests and easement over, on, and across the real property identified as Tax Map Key (TMK) 1-5-020-003 (portion) by eminent domain after written notification by HART; and
WHEREAS, the acquisition by eminent domain of said fee simple interests and easement over, on, and across the above-identified real property, which is more particularly identified in the attached Take Information Summary marked as Exhibit A and described in the attached legal description marked as Exhibit B (the “Property”), is necessary for the Honolulu Rail Transit Project fixed guideway system, a valid public use and purpose;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of HART as follows:
1. That acquisition by eminent domain of the fee simple interests and easement over, on, and across the Property identified as TMK 1-5-020-003 (portion) 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
2. That the acquisition of said fee simple interests and easement by eminent domain is determined and declared to be for a valid public use and purpose as aforesaid; and
3. That the acquisition of said fee simple interests and easement by eminent domain is determined and declared to be necessary for the aforesaid public use and purpose; and
4. 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 and/or the Court before which such proceedings are commenced; and
5. That the Board Executive Officer be directed to transmit copies of this resolution to HART and the Department of the Corporation Counsel.
ADOPTED by the Board of the Honolulu Authority for Rapid Transportation on _____________________.
___________________________
Board Chair
ATTEST:
______________________________
Board Executive Officer
PARCEL 424-A
Being portions of Lot CC-1-D-1 (Map 90) of
Land Court Application 750,
Lot 1 (Map 1) of Land Court Consolidation 63,
And Grant 10754 to A.L. Castle and E.S. Castle
Situate at Kapalama, Honolulu, Oahu, Hawaii
Beginning at the East corner of this lot, being the North corner of Lot 5 (Map 4) of Land Court Consolidation 19, being also along the South side of Dillingham Boulevard, the coordinates of said point of beginning referred to Government Survey Triangulation Station “PUNCHBOWL” being 3,343.81 feet North and 7,875.29 feet West thence running by azimuths measured clockwise from true South:
1. 32° 04′ 8.21 feet along Lot 5 (Map 4) of Land Court Consolidation 19;
2. 120° 38′ 239.10 feet along Remainder 2, Parcel 424-B and 424-C of the Honolulu Rail Transit Project;
Thence along Parcel 424-C of the Honolulu Rail Transit Project, on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being:
3. 87° 04′ 33.17 feet;
4. 68° 26′ 1.66 feet along same;
5. 234° 35′ 33.63 feet along the Southeast side of Kokea Street;
6. 289° 32′ 16.08 feet along same;
6. 302° 04′ 238.61 feet along the South side of Dillingham Boulevard, to the point of beginning and containing an area of 2,970 Square Feet.
Subject to a portion of Easement A, as shown on Map 1 of Land Court Consolidation 63, for access and utility purposes.
PARCEL 424-B
Being portions of Lot CC-1-D-1 (Map 90) of
Land Court Application 750,
Lot 1 (Map 1) of Land Court Consolidation 63,
And Grant 10754 to A.L. Castle and E.S. Castle
Situate at Kapalama, Honolulu, Oahu, Hawaii
Beginning at the North corner of this lot, being the East corner of Parcel 424-C of the Honolulu Rail Transit Project, being also along the South side of Dillingham Boulevard, the coordinates of said point of beginning referred to Government Survey Triangulation Station “PUNCHBOWL” being 3,420.24 feet North and 8,020.46 feet West thence running by azimuths measured clockwise from true South:
1. 40° 38′ 66.64 feet along Parcel 424-A of the Honolulu Rail Transit Project;
2. 32° 04′ 51.35 feet along Remainder 2 of the Honolulu Rail Transit Project;
3. 122° 04′ 66.62 feet along same;
4. 212° 04′ 49.69 feet along Parcel 424-C of the Honolulu Rail Transit Project, to the point of beginning and containing an area of 3,366 Square Feet.
PARCEL 424-C
Being portions of Lot CC-1-D-1 (Map 90) of
Land Court Application 750,
Lot 1 (Map 1) of Land Court Consolidation 63,
And Grant 10754 to A.L. Castle and E.S. Castle
Situate at Kapalama, Honolulu, Oahu, Hawaii
Beginning at the East corner of this lot, being the North corner of Parcel 424-B of the Honolulu Rail Transit Project, the coordinates of said point of beginning referred to Government Survey Triangulation Station “PUNCHBOWL” being 3,420.24 feet North and 8,020.46 feet West thence running by azimuths measured clockwise from true South:
1. 32° 04′ 49.69 feet along Parcel 424-B of the Honolulu Rail Transit Project;
2. 122° 04′ 114.96 feet along Remainders 2 and 1 of the Honolulu Rail Transit Project;
3. 234° 35′ 29.70 feet along the Southeast side of Kokea Street;
4. 248° 26′ 1.66 feet along Parcel 424-A of the Honolulu Rail Transit Project;
Thence along same, on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being:
5. 267° 04′ 33.17 feet;
6. 300° 38′ 75.45 feet along same, to the point of beginning and containing an area of 5,014 Square Feet.
EASEMENT A
(FOR ACCESS PURPOSES)
Affecting Remainder 2
of the Honolulu Rail Transit Project
Being a portion of Lot 1 (Map 1) of
Land Court Consolidation 63
Situate at Kapalama, Honolulu, Oahu, Hawaii
Beginning at the North corner of this easement, being the Northeast corner of Remainder of Parcel 424-C of the Honolulu Rail Transit Project, the coordinates of said point of beginning referred to Government Survey Triangulation Station “PUNCHBOWL” being 3,386.28 feet North and 7,963.12 feet West thence running by azimuths measured clockwise from true South:
1. 300° 38′ 20.01 feet along Parcel 424-A of the Honolulu Rail Transit Project;
2. 32° 04′ 65.76 feet along remainder of Remainder 2 of the Honolulu Rail Transit Project;
3. 122° 04′ 20.00 feet along same;
4. 212° 04′ 65.26 feet along Remainder 2 and Parcel 424-B of the Honolulu Rail Transit Project, to the point of beginning and containing an area of 1,310 Square Feet.
* * * * * *
Copies of the foregoing Resolution are available for use and examination by the public during regular business hours at the offices of the Honolulu Authority for Rapid Transportation, 1099 Alakea Street, Suite 1700, Honolulu, Hawaii, or online at www.honolulutransit.org. Should you have any questions, please call 768-6258.
I hereby certify that the foregoing Resolution was introduced at a meeting held by the Honolulu Authority for Rapid Transportation on February 28, 2019 and was ordered published according to law by the following votes:
AYES: Damien Kim, Glenn Nohara, Jade Butay, Terrance Lee, John Henry Felix, Wes Frysztacki, Hoyt Zia, Ember Shinn
NOES: None
CINDY MATSUSHITA
Board Executive Officer
(SA1196739 5/11/19)
