RES 732 Draft 01 2018-2020 - Laserfiche WebLink

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WHEREAS, the public's right to use the beach at Papaikou cannot be exercised without overland access; and WHEREAS, it is in the public interest to guarantee public access to the beach at Papaikou by securing an unobstructed, perpetual, and non-exclusive right-of-way to the beach at Papaikou; and WHEREAS, pursuant to Chapter 101 and Sections 46-1.5(6), 46-61, and 46-62, 115-2, and 115-6 of the Hawaii Revised Statutes, the County of Hawai`i has the duty and authority to exercise the power of eminent domain to condemn private property for a public use such as beach access; and WHEREAS, pursuant to Section 101-13 of the Hawaii Revised Statutes, a condemnation action must be authorized by a resolution of the County Council; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is in the public interest to acquire a public right of way to the beach at Papaikou, to wit: a perpetual, unobstructed, and non-exclusive easement for public pedestrian ingress and egress through that certain private property identified as Tax Map Key (3)-2-7-027-065 and Tax Map Key (3) 2-7-004-118; the metes and bounds descriptions of the easements to be taken are detailed on Exhibits "A" and "B," attached hereto; furthermore, the County of Hawai`i will be responsible for the maintenance of the easement over Tax Map Key (3)-2-7-027-065 and Tax Map Key (3) 2-7-004-118, to maintain the easement in a condition suitable for pedestrian travel; liability and any restrictions in relation to the easement that traverses Tax Map Key (3)-2-7-027- 065 and Tax Map Key (3) 2-7-004-118 will be allocated as provided by law. BE IT FURTHER RESOLVED that the Corporation Counsel of the County of Hawaii be and is hereby authorized and empowered to initiate proceedings in eminent domain, as provided by law, for the taking, acquisition, and condemnation of the aforesaid private property. 2