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 construction, maintenance, repair, extension or operation 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 in fee simple of the real property identified as Tax Map Key (TMKs) (1) 1-2-003-018 and (1) 1-2-003-019 and more particularly described in the attached legal description marked as Exhibit A, 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 in fee simple of the real property as identified in Exhibit A 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 the above-identified property by eminent domain is determined and declared to be for a valid public use and purpose as aforesaid; and

3. That the acquisition of the above-identified property 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 Corporation Counsel.

Beginning at the west corner of this parcel of land, also being the north corner of Lot 3 in Block 10 of "KAPIOLANI TRACT", the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOKAUEA" being 4,570.71 feet south and 5,101.82 feet west, thence running by azimuths measured clockwise from true South:

2. 255° 07′ 5.61 feet along Parcel 404 (DPP File No. 2015/SUB-118), being a portion of Lot A, being also a portion of Lot 1 and all of Lot 2 in Block 10 of "Kapiolani Tract", being also a portion of R.P. No. 8194, L.C. Aw. 6450, Ap. 1 to Kaunuohua No Moehonua;

6. 132° 20′ 118.58 feet along Lots 6 and 3 in Block 10 of "Kapiolani Tract", being also portions of R.P. No. 8194, L.C. Aw. 6450, Ap. 1 to Kaunuohua No Moehonua to the point of beginning and containing an area of 9,343 square feet, more or less.

1. -AS TO THAT PORTION OF LAND HATCHED ON MAP ATTACHED HERETO:-

By WALTER S. TAKARA, Trustee of the Walter S. Takara Revocable Trust, dated June 13, 1992, with full powers to sell, mortgage, lease or otherwise deal with the land, and HATSUE TAKARA, Trustee of the Hatsue Takara Revocable Trust, dated June 13, 1992, with full powers to sell, mortgage, lease or otherwise deal with the land, as Tenants in Common, by WARRANTY DEED TO TRUST of WALTER S. TAKARA and HATSUE TAKARA, husband and wife, dated June 13, 1992, recorded as Document No. 92-188467; and

2. -AS TO THAT PORTION OF LAND CROSS-HATCHED ON MAP ATTACHED HERETO:-