APPROVAL TO ACQUIRE BY EMINENT DOMAIN A FEE SIMPLE INTEREST IN A PORTION OF THE REAL PROPERTY IDENTIFIED AS TAX MAP KEY (1) 2-1-051-031, LOCATED AT 609 KEAWE STREET, HONOLULU, HAWAII 96813, AND OWNED BY BANK OF HAWAII, TRUSTEE FOR THE KATHERINE MCGREW COOPER TRUST UNDER INDENTURE OF TRUST DATED JANUARY 27, 1949

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 a fee simple interest in a portion of the real property identified as Tax Map Key (TMK) (1) 2-1-051-031, which portion of property is more particularly described in the attached legal description and parcel map marked as Exhibit A (“Property”), is 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 relative to the development of the Honolulu Rail Transit Project (HRTP) fixed guideway system, a valid public use and purpose; 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 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 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

LOT 1-B

2. 185° 30′ 28.28 feet;

3. 229° 56′ 30" 10.88 feet along remainder of Lot 1 (Map 3) of Land Com1 Application 1101;

4. 319° 56′ 30" 28.00 feet along remainder of Lot 1 (Map 3) of Land Court Application 1101;

5. 49° 56′ 30" 18.26 feet along remainder of Lot 1 (Map 3) of Land Court Application 1101, to the point of beginning and containing an area of 475 square feet.