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Honolulu Authority for Rapid Transportation
RESOLUTION NO. 2025-28
TO ACQUIRE BY EMINENT DOMAIN A PORTION OF THE PROPERTY IN FEE SIMPLE INTEREST, A PERMANENT EASEMENT FOR SIDEWALK PURPOSES AND TWO TEMPORARY CONSTRUCTION EASEMENTS OVER, UNDER, ABOVE AND THROUGH A PORTION OF THE REAL PROPERTY IDENTIFIED AS TAX MAP KEYS (1) 2-1-014-003 AND (1) 2-1-014-004, LOCATED AT 733 AND 735 BISHOP STREET, HONOLULU, HAWAII 96813, AND OWNED BY PACIFIC GUARDIAN CENTER
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 a portion of the property in fee simple interest, a permanent easement and two temporary construction easements over, under, above and through portions of the real property identified as Tax Map Keys (TMK) (1) 2-1-014- 003 and (1) 2-1-014-004, which property interests are more particularly described in the attached parcel map and legal descriptions marked respectively as Exhibit A ("map"), Exhibit A 1 ("fee area"), Exhibit A-2 ("permanent easement") and Exhibit A-3 ("temporary construction easements") (all, collectively, the "Property Interests"), 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, sidewalk, 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 permanent easement and temporary construction easements HART is acquiring by eminent domain are described in Exhibit B-1 and B-2; 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, and, if a partial acquisition, any larger parcel or larger tract of which the Property Interests are a part, 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: _____________________________________________________
_____________________________
Board Chair
ATTEST:
_________________
Board Executive Officer
Exhibit A-1
Legal Description of Fee Area
HONOLULU RAIL TRANSIT PROJECT
PARCEL 442
Being a portion of Lot A-1 (Map 2) of
Land Court Application 858
Situate at Honolulu, Oahu, Hawaii
Beginning at the South corner of this lot, being an azimuth and distance of 149° 35' 57.62 feet from the West corner of Grant 3211 to Pilali, also along the Northeast side of Nimitz Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUNCHBOWL" being 2,131.84 feet South and 4,827.43 feet West thence running by azimuths measured clockwise from true South:
1. 149° 35' 47.20 feet along the Northeast side of Nimitz Highway;
2. 233° 09' 30" 63.36 feet along Remainder of Parcel 442 of the Honolulu Rail Transit Project;
3. 278° 03' 30" 23.27 feet along same;
4. 323° 09' 30" 30.48 feet along same;
5. 53° 09' 30" 85.12 feet along same to the point of beginning and containing an area of 3,734 Square Feet.
Description Prepared By:
AUSTIN, TSUTSUMI & ASSOCIATES, INC.
ERIK S. KANESHIRO
Licensed Professional Land Surveyor
Certificate No. 9826
Exp. 04/26
Note: This description is for exhibit purposes and does not purport a legally subdivided lot.
Honolulu, Hawaii
January 29, 2025
TMK: (1) 2-1-014: 003 (Portion)
Exhibit A-2
Legal Description of Easement Area
HONOLULU RAIL TRANSIT PROJECT
EASEMENT A
(FOR SIDEWALK PURPOSES)
Affecting a certain parcel of land,
Being a Portion of Grant 3211 to Pilali
Situate at Honolulu, Oahu, Hawaii
Beginning at a South corner of this easement, being the South corner of Grant 3211 to Pilali, also the North corner of Nimitz Highway and Alakea Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUNCHBOWL" being 2,266.51 feet South and 4,748.37 feet West thence running by azimuths measured clockwise from true South:
1. 149° 35' 6.49 feet along the Northeast side of Nimitz Highway;
2. 235° 52' 5.72 feet along remainder Grant 3211 to Pilali;
3. 325° 52' 5.00 feet along same;
4. 291° 19' 1.10 feet along same;
5. 51° 03' 6.79 feet along the Northwest side of Alakea Street to the point ofbeginning and containing an area of 37 Square Feet.
Description Prepared By:
AUSTIN, TSUTSUMI & ASSOCIATES, INC.
ERIK S. KANESHIRO
Licensed Professional Land Surveyor
Certificate No. 9826
Exp. 04/26
Honolulu, Hawaii
January 29, 2025
TMK: (1) 2-1-014: 004
Exhibit A-3
Legal Descriptions of Temporary Construction Easement Areas
HONOLULU RAIL TRANSIT PROJECT
EASEMENT B
(FOR TEMPORARY CONSTRUCTION PURPOSES)
Affecting a certain parcel of land,
Being a Portion of Grant 3211 to Pilali
Situate at Honolulu, Oahu, Hawaii
Beginning at a South corner of this easement, along the North side of Nimitz Highway, being an azimuth and distance of 149° 35' and 6.49 feet from the South corner of Grant 3211 to Pilali, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUNCHBOWL" being 2,260.92 feet South and 4,751.66 feet West thence running by azimuths measured clockwise from true South:
1. 149° 35' 5.93 feet along the Northeast side of Nimitz Highway;
2. 233° 02' 6.76 feet along remainder Grant 3211 to Pilali;
3. 322° 32' 3.98 feet along same;
4. 233° 13' 7.15 feet along same;
5. 321° 09' 7.80 feet along same;
6. 51° 03' 8.84 feet along the Northwest side of Alakea Street;
7. 111° 19' 1.10 feet along remainder Grant 3211 to Pilali;
8. 145° 52' 5.00 feet along same;
9. 55° 52' 5.72 feet along same to the point of beginning and containing an area of 112 Square Feet.
Description Prepared By:
AUSTIN, TSUTSUMI & ASSOCIATES, INC.
ERIK S. KANESHIRO
Licensed Professional Land Surveyor
Certificate No. 9826
Exp. 04/26
Honolulu, Hawaii
January 29, 2025
TMK: (1) 2-1-014: 004
HONOLULU RAIL TRANSIT PROJECT
EASEMENT C
(FOR TEMPORARY CONSTRUCTION PURPOSES)
Affecting Remainder of Parcel 442 of
the Honolulu Rail Transit Project
being a portion of Lot A-1 (Map 2) of
Land Court Application 858
Situate at Honolulu, Oahu, Hawaii
Beginning at a South corner of this easement, being an azimuth and distance of 53° 09' 30" and 40.89 feet from the South corner of Parcel 442 of Honolulu Rail Transit Project, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUNCHBOWL" being 2,107.33 feet South and 4,794.70 feet West thence running by azimuths measured clockwise from true South:
1. 233° 09' 30" 44.23 feet along Parcel 442 of the Honolulu Rail Transit Project;
'
2. 143° 09' 30" 30.48 feet along same;
3. 98° 03' 30" 23.27 feet along same;
4. 53° 09' 30" 34.88 feet along same;
5. 143° 07' 10.91 feet along remainder of Remainder of Parcel 442 of the Honolulu Rail
Transit Project;
6. 232° 44' 30" 47.74 feet along same;
7. 322° 57' 6.08 feet along same;
8. 233° 09' 9.46 feet along same;
9. 143° 09' 11.00 feet along same;
10. 233° 09' 9.13 feet along same;
11. 278° 25' 43.08 feet along same;
12. 7° 34' 30" 65.71 feet along same;
13. 97° 00' 13.65 feet along same;
14. 53° 08' 33.71 feet along same;
15. 143° 10' 5.01 feet along same to the point of beginning and containing an area of
2,863 Square Feet.
Description Prepared By:
AUSTIN, TSUTSUMI & ASSOCIATES, INC.
ERIK S. KANESHIRO
Licensed Professional Land Surveyor
Certificate No. 9826
Exp. 04/26
Honolulu, Hawaii
December 3, 2024
TMK: (1) 2-1-014: POR. 003
Exhibit B-1
Description of Perpetual Non-exclusive Easement Terms
Sidewalk Easement
(including Pedestrian Access and Traffic Signal Purposes)
with Covenants and Restrictions
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 or any of the foregoing parties (1) a perpetual, non-exclusive pedestrian access easement (the "Pedestrian Access Portion") on, under, in, within, across, along, around, about, through, and upon which a sidewalk and ancillary improvements are or may be constructed, located, placed, used, maintained, repaired, which grant shall, in addition to the benefitted parties listed above, be for the use and benefit of the general public for ongoing and uninterrupted pedestrian access purposes on, over and across the sidewalks and crosswalks that are intended for use by pedestrians, as may be amended from time to time, within the Sidewalk Easement (as defined below) and (2) a perpetual non-exclusive traffic signal easement (the "Traffic Signal Portion"), on, under, in, within, across, along, around, about, through, and upon which a traffic signal and ancillary improvements are or may be constructed, located, placed, used, maintained, repaired, which grant as to the Traffic Signal Portion shall, in addition to the benefitted parties listed above, be for the use and benefit of any entity maintaining and operating the traffic signal. The Pedestrian Access Portion and the Traffic Signal Portion are collectively referred to as the "Sidewalk Easement". Grantee shall refer to the City and County of Honolulu, its successors and assigns and Grantor shall refer to the owner of the property.
2. Purpose and Use, Plaintiff's Rights. The Pedestrian Access Portion is 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 the sidewalk 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 Pedestrian Access Portion, including any ancillary and incidental uses. The Traffic Signal Portion is to build, construct, reconstruct, rebuild, install, maintain, operate, repair and remove the traffic control box and road improvements, and to use such traffic control box, and other appliances and equipment as may be necessary for said use, together with non-exclusive rights of ingress to and egress from the Sidewalk Easement, for all purposes in connection with the rights hereby granted, and to trim and keep trimmed any vegetation near said traffic control box, and other appliances and equipment in efficient use and condition across, through and under the Sidewalk Easement. GRANTEE shall have the following rights.
a. The right but not the obligtaion to clear the Sidewalk Easement of any and/or all obstructions, to cut, trim and/or remove trees, shrubbery and/or other vegetation located in, on, about, along, over, under, or otherwise affecting the Grantee's use, or that may interfere or threaten to interfere with or endanger or threaten to endanger the use of the Sidewalk Easement.
b. At any time, the right but not the obligation to remove, or cause to be removed, any structures, improvements, equipment, personal property and/or moveable items within the Sidewalk Easement.
3. Grantor's Restrictions, Obligations and Covenant Runnning with the Land. The following obligations, prohibitions and limitations shall be covenants running with Grantor's land.
a. Obligation to Maintain. Grantor shall, at its own expense, maintain the sidewalk constructed in the Sidewalk Easement, to afford clear and safe pedestrian passage and to keep the same free and clear of refuse and litter and any other obstructions.
b. Indemnity. Grantor shall indemnify and save harmless Grantee against all claims, suits, losses, costs, damages, liabilities and actions by whomsoever brought, whether or not suit is brought, for any and all losses or damages to property and/or for injury to or death of persons, to the extent such loss, damage, injury or death arises or proximately results from the negligent acts or willful conduct of the Grantor, its agents, employees or contractors in maintaining the sidewalks in the Sidewalk Easement.
c. Prevention of Hazardous Conditions. Grantor shall not, commit or permit a use that might cause a hazardous condition to exist with respect to, or that might interfere with, endanger, or otherwise adversely affect, the Easement. The foregoing prohibitions shall be a covenant running with Grantor's land.
d. Prohibition on Grantor's Construction and Landscaping. No construction or installment of any structure, building, other improvement, trees and/or equipment by Grantor shall be allowed within the Easement, including any overhanging growth. In the event Grantor's property and/or uses encroach into the Easement, Grantor shall be responsible for removing such encroachments. In the event Grantor fails to remove such encroachment after written notice from Grantee, Grantee may remove, or cause to be removed, such encroachment at Grantor's expense, provided, however, that written notice is not required for emergency situtations.
4. Transfer or Assignment. Grantee may transfer or assign either the Pedestrian Access Portion or the Traffic Signal Portion of the Sidewalk Easement (or both) by providing written notice to Grantor. Grantor shall cooperate with Grantee to confirm or effect any transfer of the Sidewalk Easement (or a portion), including execution of documents reasonably required by any transferee, successor or assign.
5. Successors and Assigns. The Grant of Easement shall be binding on and inure to the benefit of the parties hereto and their respective successors, successors and assigns.
Exhibit B-2
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 neceessary for the development of the Downtown 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 City 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.
(SA1513607 12/15/25)
today: 2025-12-15
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This is a pre-existing post.Publish Date: 2025-12-15 00:00:00
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Link to post.today: 2025-12-15 10:40:26
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print product: Star-Advertiser
online product: staradvertiser.com ad number: 0001513608-01
classcode: CLS State Legals
category: Legals
subclass code: 3060
sub-category: Public Notices (27)sub-category(pb): Public Notice-State
start date: 12/15/2025
end date: 12/15/2025
content: (vunderbar)
Honolulu Authority for Rapid Transportation
RESOLUTION NO. 2025-29
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, 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 a fee simple interest in a portion of the real property identified as Tax Map Key (TMK) (1) 2-1-031-008, 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.
ADOPTED by the Board of the Honolulu Authority for Rapid Transportation
on: _____________________________________________________
_____________________________
Board Chair
ATTEST:
_________________
Board Executive Officer
Exhibit A
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
Beginning at the West corner of this parcel of land, being an azimuth and distance of 320°30' 8.05 feet from the West corner of Lot C, also along the Northeast side of Halekauwila Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUNCHBOWL" being 3,477.83 feet South and 3,873.73 feet West thence running by azimuths measured clockwise from true South:
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
TMK: (1) 2-1-031: 008
(SA1513608 12/15/25)
today: 2025-12-15
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This is a pre-existing post.Publish Date: 2025-12-15 00:00:00
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classcode: CLS State Legals
category: Legals
subclass code: 3060
sub-category: Public Notices (27)sub-category(pb): Public Notice-State
start date: 12/15/2025
end date: 12/15/2025
content: (vunderbar)
Honolulu Authority for Rapid Transportation
RESOLUTION NO. 2025-30
TO ACQUIRE BY EMINENT DOMAIN AN EASEMENT OVER, UNDER, THROUGH AND ACROSS THE REAL PROPERTY IDENTIFIED AS TAX MAP KEYS (1) 1-2-012-030 and (1) 1-2-012-043, LOCATED AT 2156 KAMEHAMEHA HIGHWAY, HONOLULU, HAWAI'I 96819 AND OWNED BY WATSON MASASHI MURAOKA, TRUSTEE UNDER THAT CERTAIN WATSON MASASHI MURAOKA REVOCABLE LIVING TRUST DATED OCTOBER 3, 1990, AN UNDIVIDED FIFTY PERCENT (50%) INTEREST, AND BARBARA MISUE MURAOKA, TRUSTEE UNDER THAT CERTAIN BARBARA MISUE MURAOKA REVOCABLE LIVING TRUST DATED OCTOBER 3, 1990, AN UNDIVIDED FIFTY PERCENT (50%) INTEREST
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 an easement over, under, through and across a portion of the real property identified as Tax Map Keys (TMK) (1) 1-2-012-030 and (1) 1-2-012-043, which easement is more particularly described in the attached legal description and parcel map marked as Exhibit A ("Easement"), is necessary for the relocation of utilities in connection with the development of the Honolulu Rail Transit Project (HRTP) fixed guideway system, a valid public use and purpose; and
WHEREAS, the purpose, type, description and restrictions of the Easement HART is acquiring by eminent domain is described in Exhibit B; and
WHEREAS, HART is acquiring these rights pursuant to the HART and HECO Utility Inspection and Property Transfer Agreement dated May 16, 2018 for the Airport Guideway and City Center Sections of the HRTP.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of HART as follows:
1. That all legal preconditions for the acquisition of the Easement 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 Easement by eminent domain;
b. HART has provided the owners with the requisite notices and has given the owners the opportunity to accompany HART's appraiser during the appraiser's site inspection;
c. HART has obtained an appraisal of the Easement, 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 Easement, based on HART's approved appraisal;
f. HART has made a written offer to the owners 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 owners and/or the owner's representatives to discuss its offer to purchase the Easement and has given the owners a reasonable opportunity to consider HART's offer and to respond.
2. That the acquisition by eminent domain of the Easement 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 Easement 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 Easement 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
Legal Description and Map of Easement Area
Easement E-1
For Electrical Purposes
In favor of Hawaiian Electric Company, Inc.
As Shown on Map (Parcel Map) of Land Court Application 258
Affecting Lots 10 and 11
As Shown on Map 42 of Land Court Application 258
Situate at Kalihi, Honolulu, Oahu, Hawaii
Beginning at the West corner of this easement, along the northeast side of Kamehameha Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HAUIKI" being5,178.56 feet South and 2,614.78 feet West, thence running by azimuths measured clockwise from true South:
1. 217° 17' 55.58 feet;
2. Thence on a curve to the right with a radius of 15.00 feet, the chord azimuth and distance being:
247° 20' 55.5" 15.03 feet;
3. 307° 17' 6.32 feet;
4. 37° 17' 8.14 feet;
5. Thence on a curve to the left with a radius of 5.00 feet, the chord azimuth and distance being:
75° 38' 30" 6.21 feet;
6. 37° 17' 55.58 feet;
7. 127° 17' 10.00 feet along the northeast side of Kamehameha Highway to the point of beginning and containing an area of 694 Square Feet.
R. M. TOWILL CORPORATION
Description Prepared by:
/s/ Ryan M. Suzuki 4/30/26
Ryan M. Suzuki Expiration Date
Licensed Professional Land Surveyor
Certificate Number 10059
August 2, 2024
PID 525
TMK: (1) 1-2-012: 030 & 043
Exhibit B
Description of Easement Terms
Electrical Easement (Underground Lines with Access)
Grant and conveyance of a perpetual right and easement to construct, reconstruct, access, operate, maintain, repair, replace and remove underground lines and such other appliances and equipment as may be necessary for the transmission and distribution of electricity and/or communication, including all service lines emanating from the main trunk line, to be used for light and power and/or communication and control circuits, including, without limiting the generality of the foregoing, the right (but not the obligation) to trim, keep trimmed, remove, and control any trees and vegetation in the way of its lines, appliances and equipment and a right of entry upon the Grantor's land and appurtenant interests, if any, for the aforesaid purposes, over, under, upon, across and through the Easement.
RESERVING, HOWEVER, unto the Grantor, its respective successors, tenants, transferees, licensees and assigns, the right to use any portions of the granted premises not occupied by the lines, appliances and equipment of the Grantee, including rights of way over, under and across the Easement, provided, however that such reserved rights shall not be exercised in any manner that will unreasonably interfere with the Grantee's use of the Easement, its lines, appliances and equipment, or Grantee's access to and maintenance of said lines, appliances and equipment. The Grantor shall not at any time during the term of the Grant of Easement erect or place any foundation of any building or structure of any kind, below the surface of the Easement Area, or at any time erect or place any building or structure of any kind on the surface of the Easement Area, without the written consent of the Grantee. In its exercise of the reserved rights herein, the Grantor shall not interfere with the Grantee's right to use, travel over and across, improve, maintain, replace and repair the Easement Area and the facilities and equipment of the Grantee within the Easement Area or the adjacent public road right of way, as the case may be. Such limitations on Grantor's use of the Easement Area shall include, but not be limited to; the installation and maintenance of any vegetation or landscaping that may interfere with Grantee's right to access, use and travel over and across the Easement Area.
(SA1513610 12/15/25)
today: 2025-12-15
start: 2025-12-15 00:00:00
RLL end: 2025-12-22 00:00:00
RunLengthLegals:
This is a pre-existing post.Publish Date: 2025-12-15 00:00:00
post ID is: 10057
Link to post.today: 2025-12-15 10:40:26
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