Honolulu Authority for Rapid Transportation STAFF SUMMARY

TITLE: RESOLUTION NO. 2017-21 APPROVING NOTIFICATION TO THE CITY COUNCIL OF INTENTION TO ACQUIRE A

STAFF CONTACT:

Abbey Seth Mayer

DATE:

12/14/2017

FEE SIMPLE INTEREST IN THE REAL PROPERTY IDENTIFIED AS TAX MAP KEY 2-1-052-056 (PORTION) LOCATED AT 753 HALEKAUWILA STREET, HONOLULU, AND OWNED BY FUJI SALE BREWING CO., LTD. BY EMINENT DOMAIN AND PUBLICATION OF A RESOLUTION AUTHORIZING ACQUISITION OF SAID EASEMENT BY EMINENT DOMAIN Type: Goal Focus Area Reference Notes

e Action/Approval k; Project Delivery cl Livability/Land Use

• Information • Service Delivery • Partnerships

• Follow-up c Resource Stewardship • Agency Admin.

1. Purpose:

Review of Notification to City Council for condemnation of land for public use, identified as Tax Map Key 2-1-052-056 (Portion), and situated at 753 Halekauwila Street, Honolulu, Hawaii 96813, which is required for Guideway purposes for the Honolulu Rail Transit Project (HRTP). This property, for which a 296 square-foot partial fee take easement acquisition are required, is on the critical path for successful completion of the City Center Section of the HRTP. The property is owned by Fuji Sake Brewing Co., Ltd.

HART recommends use of eminent domain to acquire the property. 2. Background/Justification

This property (Tax Map Key 2-1-052-056) was designated as needed for the HRTP and identified in the Final Environmental Impact Statement (FEIS). As required under the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA) and FTA C 5010.1E, the Owners were notified of HART's intent to acquire the property.

This parcel is being referred to eminent domain in order to adhere to the project construction timeline. Access to these parcels is needed as soon as possible in order to avoid costly delays to the project schedule and timing. Negotiations with the Owner will continue during the eminent domain process.

3. Procurement Background

N/A

4. Financial/Budget Impact

The project budget includes an estimated cost for legal action associated with the eminent domain of the property.

5. Policy Impact

There is no policy impact since this action conforms to the requirement of the URA, FTA C 5010.1E and Article XVII of the Charter of the City and County of Honolulu.

6. Public Involvement

N/A 7. Alternatives

There is no feasible alternative to avoid the above described impacts to the property.

8. Exhibits

N/A

Certified and Recommended by:

tZ/3fr sZ‘0.(ecutivepirector and CEO

Date

Honolulu Authority for Rapid Transportation

RESOLUTION NO. 2017-21

APPROVING NOTIFICATION TO THE CITY COUNCIL OF INTENTION TO ACQUIRE A FEE SIMPLE INTEREST IN THE REAL PROPERTY IDENTIFIED AS TAX

MAP KEY 2-1-052-056 (PORTION) LOCATED AT 753 HALEKAUWILA STREET, HONOLULU, AND OWNED BY FUJI SAKE BREWING CO., LTD. BY EMINENT

DOMAIN AND PUBLICATION OF A RESOLUTION AUTHORIZING ACQUISITION 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 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 (TMK) 2-1-052-056 (portion) 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 written notification to the City Council is approved, for the acquisition by eminent domain in fee simple of the real property identified as TMK 2-1-052-056 (portion); and

2. That in the event the City Council approves or does not object to the acquisition within 45 days of notification, then HART is authorized to publish in a daily newspaper at least three days prior to Board action, the attached resolution marked as Exhibit B, authorizing acquisition by eminent domain in fee simple of the above-identified real property.

ADOPTED by the Board of the Honolulu Authority for Rapid Transportation on

Exhibit A — Legal description of TMK 2-1-052-056 (portion) Exhibit B — Resolution No. 2017- , Authorizing the Acquisition In the Real Property

and Across the Real Property Identified as Tax Map Key 2-1-052-056 (portion) located at 753 Halekauwila Street, Honolulu, Hawaii 96813 and owned by Fuji Sake Brewing Co., Ltd. by Eminent Domain.

Board Chair

ATTEST:

Board Administrator

Exhibit "A"

LOT 448-A-1

HONOLULU RAIL TRANSIT PROJECT

BEING A PORTION OF ROYAL 5591, LAND COMMISSION AWARD 1503, APANA 2 TO PUAA

SITUATE AT KUKULUAEO, HONOLULU, OAHU, HAWAII

Beginning at the East corner of this parcel of land, at a jog on the Westerly side of deregistered Lot 450 (Map 40) of Land Court Application 670, the coordinates of which referred to Government Survey Triangulation Station "PUNCHBOWL" being 4921.81 feet South and 2736.55 feet West and running by azimuths measured clockwise from true South:

1. 47° 19' 9.85 feet along R.P. 1944 to E. W. Clark on L.C.A. 387 to the Amercian Board of Commissioners for Foreign Missions, along deregistered Lot 450 (Map 40) and deregistered Lot K (Map 3) of Ld. Ct. App. 670;

thence along R.P. 1944 to E. W. Clark on L.C.A. 387 to the Amercian Board of Commissioners for Foreign Missions, along deregistered Lot K (Map 3) of Ld. Ct. App. 670, on a curve to the right with a radius of 1828.75, the chord azimuth and distance being:

2. 146° 27' 24" 13.41 feet;

3. 146° 40' 47.30 feet along Lot 448-B-1, along remainder of R.P 5591, L.C.Aw.1503, Ap. 2 tp Puaa;

Exhibit "A"

4. 317° 17' 59.90 feet along R.P. 1944 to E. W. Clark on L.C.A. 387 to the Amercian Board of Commissioners for Foreign Missions, along deregistered Lot 450 (Map 40) of Ld. Ct. App. 670, to the point of beginning and containing an area of 296 square feet.

Description Prepared By:

ENGINEERS SURVEYORS HAWAII, INC.

1320 North School Street

Miles S. Horie Exp. 4/30/18 Honolulu, Hawaii 96817

Licensed Professional Land Surveyor Certificate Number 10007

This description is for exhibit purposes and does not purport a legally subdivided lot.

July 20, 2017

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PRELIMINARY MAP SHOWING CONSOLIDATION OF LOTS 448—A AND 448—B BEING A PORTION OF ROYAL PATENT 5591,

LAND COMMISSION AWARD 1503, APANA 2 TO PUAA

AND RESUBDMSION OF SAID CONSOLIDATION INTO LOTS 448—A-1 AND 448—B-1

Situate at Kukuluoeo, Honolulu, Oahu, Hawaii

T.M.K. (1) 2-1-052: Por. 05

Owner: Fuji Sake Brewing Co. Ltd.

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January 19, 201I

Zacr. MICIAKO COMMUNITY DENELOPMENT

4. Lot 448-A-f for Honolulu Raj Transit Project Corridor Projrct

5. Rote Land the titian District

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Deed: Masa Oguro tk Fuji Sake Brewing Co., Ltd. ' Liber 1859 Pa* 257 dated No vember 25, 1944

Note: Map does not depict new TMK #2-1-052-056 due to recent subdivision. Exhibit "A"

Mondolo, Nana 14-15

ENSIICERS SURVEYORS HAWAII, INC. CIVIL 1946IMERS -. LAND SURVEYORS - CONSTRUCTION MANASERS

B20 North School Wort yy 2I. son

Exhibit B

Honolulu Authority for Rapid Transportation

RESOLUTION NO. 2017-

AUTHORIZING THE ACQUISITION IN THE REAL PROPERTY IDENTIFIED AS TAX MAP KEY 2-1-052-056 (PORTION) LOCATED AT 753 HALEKAUWILA STREET, HONOLULU, AND OWNED BY FUJI SAKE BREWING CO., LTD. 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 construction, maintenance, repair, extension or operation of the fixed guideway system;" and

WHEREAS, the City Council approved or did not object to the acquisition of the real property identified as Tax Map Key (TMK) 2-1-052-056 (portion) by eminent domain in fee simple after written notification by HART; and

WHEREAS, the acquisition by eminent domain in fee simple of the above-identified real property, which is 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 identified as TMK 2-1-052-056 (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 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

Exhibit B

approval of HART and/or the Court before which such proceedings are commenced; and

5. That the Board Administrator 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 Administrator

Exhibit A — Legal Description of TMK 2-1-052-056 (portion)

Exhibit "A"

LOT 448-A-1

HONOLULU RAIL TRANSIT PROJECT

BEING A PORTION OF ROYAL 5591, LAND COMMISSION AWARD 1503, APANA 2 TO PUAA

SITUATE AT KUKULUAEO, HONOLULU, OAHU, HAWAII

Beginning at the East corner of this parcel of land, at a jog on the Westerly side of deregistered Lot 450 (Map 40) of Land Court Application 670, the coordinates of which referred to Government Survey Triangulation Station "PUNCHBOWL" being 4921.81 feet South and 2736.55 feet West and running by azimuths measured clockwise from true South:

1. 47° 19' 9.85 feet along R.P. 1944 to E. W. Clark on L.C.A. 387 to the Amercian Board of Commissioners for Foreign Missions, along deregistered Lot 450 (Map 40) and deregistered Lot K (Map 3) of Ld. Ct. App. 670;

thence along R.P. 1944 to E. W. Clark on L.C.A. 387 to the Amercian Board of Commissioners for Foreign Missions, along deregistered Lot K (Map 3) of Ld. Ct. App. 670, on a curve to the right with a radius of 1828.75, the chord azimuth and distance being:

2. 146° 27' 24" 13.41 feet;

3. 146° 40' 47.30 feet along Lot 448-B-1, along remainder of R.P 5591, L.C.Aw.1503, Ap. 2 tp Puaa;

Exhibit "A"

4. 317° 17' 59.90 feet along R.P. 1944 to E. W. Clark on L.C.A. 387 to the Amercian Board of Commissioners for Foreign Missions, along deregistered Lot 450 (Map 40) of Ld. Ct. App. 670, to the point of beginning and containing an area of 296 square feet.

Description Prepared By:

ENGINEERS SURVEYORS HAWAII, INC.

1320 North School Street

Miles S. Horie Exp. 4/30/18 Honolulu, Hawaii 96817

Licensed Professional Land Surveyor Certificate Number 10007

This description is for exhibit purposes and does not purport a legally subdivided lot.

July 20, 2017

14-73

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Deed: Masa Oguro tk Fuji Sake Brewing Co., Ltd. ' Uber 1859 Pogik 257 dot d November 25, 1944

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PRELIMINARY MAP SHOWING CONSOLIDATION OF LOTS 448—A AND 448-8 BEING A PORTION OF ROYAL PATENT 5591,

LAND COMMISSION AWARD 1503, APANA 2 TO PUAA

AND RESUBDMSION OF SAID CONSOLIDAPON INTO LOTS 448—A-1 AND 448—B-1

Situate at Kukuluaeo, Honolulu, Oahu, Hawaii

T.M.K. (1) 2-1-052: Por. 05

Owner. Fuji Sake Brewing Co. Ltd.

ENSINI33t9 5URVE117l5 HAWAII, INC. CIVIL ENGINEERS — LAND SURVEYORS — CONSTRUCTION MANAMERS

020 Nxt School Snot .1011 21.101

Norolulo, 42.21 14-10

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GPS 485745 S 279198 W

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I. Coorrinates and azimuths referred to Government pray Triangulation Station "UNCH8091

Z flood designation X as idenarral on FRY Yap limber l5003COS6ZO Map Revised January I9. 2011

fggkr. KARAM COMM' DENELORIeff

4. Lot 448-A-1 for Honolulu Rod Transit Project Corridor Project

5. State land Um Urban District

Umm.W Iftrourked Umd 11 1 Ifiko S. Hod.

Corlfloote Numbs? 10007

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The work vor powred roe or undo( or/ owervIsion. &Orem Surveyors Howilt.:(„.....

Note: Map does not depict new TMK #2-1-052-056 due to recent subdivision. Exhibit "A"