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COUNTY OF HAWAPI
<br /> STATE OF HAWAII
<br /> RESOLUTION NO.732-20
<br /> AFFIDAVIT OF PUBLICATION AUTHORIZING PROCEEDINGS' IN EMINENT DOMAIN
<br /> FOR THE ACQUISITION OF A PERPETUAL,UNOBSTRUCTED, ;
<br /> NON-EXCLUSIVE EASEMENT FOR PUBLIC PEDESTRIAN
<br /> INGRESS AND EGRESS,THROUGH PRIVATE PROPERTY,
<br /> IN THE MATTER OF } BEING A PORTION OF TAX MAP KEY NUMBERS:(3)2-7-
<br /> RESOLUTION NO.732-20 } 004-118 AND(3)2-7-027-065,SITUATED AT PAPAIKOU,
<br /> SOUTH HILO,ISLAND OF HAWAII,TO PROVIDE PUBLIC
<br /> } PEDESTRIAN ACCESS TO THE BEACH AT PAPAIKOU.
<br /> } WHEREAS the beach at Papaikou is one of the few
<br /> } sand beaches on the coast north of Hilo,where the
<br /> public can safely access the ocean;and
<br /> } WHEREAS, the beach at Papaikou is used and
<br /> } enjoyed by many residents of the island of Hawaii for
<br /> surfing, fishing, diving, swimming, 'opihi picking,
<br /> STATE OF HAWAII } outdoor recreation,picnicking,spending time in nature,
<br /> and other rights traditionally and customarily practiced
<br /> }SS. by native Hawaiians;and
<br /> City and County of Honolulu } WHEREAS, the beach at Papaikou is public
<br /> property up to the high wash of the waves,as defined
<br /> in Hawaii law;and
<br /> WHEREAS,for decades the public has accessed the
<br /> beach at Papaikou by first traversing over Mill Road,
<br /> OC.
<br /> Date:
<br /> NOV 0 3 2020 # Pages: 1 identified as Tax Map Key(3) 2-7-027-065, before
<br /> descending to the beach via a trail that crosses over
<br /> Notary me:COLLEEN E.SORANAKA First Judicial Ci CCu it the property identified as Tax Map Key(3)2-7-004-118;
<br /> and
<br /> 4 4 5 WHEREAS, the current owners of the properties
<br /> Description: Affidavit of � identified as Tax Map Keys (3) 2-7-027-065 and
<br /> .
<br /> 1 O
<br /> 24-004-118 assertzt4atpulic
<br /> Publicationaccesstn thebea .
<br /> :� at Papaikou�via the beach;trail is availablet only.Yf witl
<br /> , k 2
<br /> their consent;acid
<br /> WHEREAS, the current owners of the`properties
<br /> NOV .. identified as Tax Map Keys (3) 2-7-027-065 and
<br /> (3)2-7-004-118 have imposed restrictions on the use
<br /> of the path, including limitation of hours, and
<br /> Notary Signature Date € a 4 - �4 occasionally denying use of the trail for periods of
<br /> 41
<br /> time;and
<br /> WHEREAS,the public's right to use the beach at
<br /> Papaikou cannot be exercised'without overland access;
<br /> and
<br /> Lisa Sakakida being duly sworn,deposes and says that she is a clerk,duly,huth e�d a �°` WHEREAS,it in the public interest to guarantee
<br /> to execute this affidavit of Oahu Publications,Inc.publisher of The Honolulu public access to the beach at Papaikou by securing an
<br /> unobstructed,perpetual,and non-exclusive right-of-way
<br /> Star-Advertiser,MidWeek,The Garden Island,West Hawaii Today,and Hawaii to the beach at Papaikou;and
<br /> � :
<br /> Tribune-Herald, WHEREAS,pursuant to Chapter101 and Sections
<br /> that said newspapers are newspapers of general circulation in the State 46-1.5(6), 46-61, and 46-6 , 115-2,and 115-6 of
<br /> of Hawaii,and that the attached notice is true notice as was published in the the Hawaii Revised Statutes, the County of Hawaii
<br /> has the duty and authority to exercise the power of
<br /> eminent domain'to condemn private property for a
<br /> Honolulu Star-Advertiser 0 times on: public use such as beach access;and
<br /> WHEREAS, pursuant to Section 101-13 of the
<br /> Hawaii Revised Statutes,a condemnation action must
<br /> be authorized by a resolution of the County Council;
<br /> Midweek 0 times on: now,therefore,
<br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
<br /> OF UAWAI'l that it is in the public interest to acquire a
<br /> The Garden Island 0 times on: public right of way to the beach at Papaikou,to wit:a
<br /> perpetual, unobstructed, and non-exclusive easement
<br /> for public pedestrian ingress and egress:through that
<br /> certain private property identified as Tax Map Key
<br /> Hawaii Tribune-Herald 1 times on: (3)2-7-027-065'and Tax Map Key(3)2-7-004-118;
<br /> the metes and bounds descriptions of the easements
<br /> to be taken are detailed on Exhibits "A" and "B,"
<br /> 10/30/2020 attached hereto furthermore, the County of Hawaii
<br /> West Hawaii Today 0 times on: will be responsible for the maintenance of the°
<br /> easement over Tax Map Key(3)2-7-027-065 and Tax
<br /> Map Key(3)2-7-004-118,to maintain the easement
<br /> in a condition suitable for pedestrian travel; liability
<br /> Other Publications: 0 times on: and any restrictions in relation to the easement that
<br /> traverses Tax Map Key(3)2-7-027-065 and Tax Map
<br /> Key(3)2-7-004-118 will be allocated as provided by
<br /> And that affiant is not a party to or in any way interested in the above entitled matter. law.
<br /> RE IT FURTHER RESOLVED that the:Corporation
<br /> Counsel of the County of Hawaii be and is hereby
<br /> authorized and empowered to initiate proceedings in
<br /> eminent domain, as provided by law,for the taking,
<br /> Lisa Sakakida3acquisition,and condemnation of the aforesaid private rg A10t(er4ww---
<br /> property.
<br /> S scrib to and efore me thisV.,OdaA*�� BE IT FURTHER RESOLVED that in the process,of
<br /> y of A.D.20 said:proceedings in eminent domain,the Corporation
<br /> Counsel be and is hereby authorized and empowered
<br /> to negotiate terms of settlement,-subject to the
<br /> approval of the court before'which such proceedings
<br /> Colleen E.Soranaka,Notary Public of the First Judicial Circuit State of H w411 are prosecuted.
<br /> My commission expires:Jan 06 2024
<br /> ��a BE IT FURTHER RESOLVED that the Director of
<br /> Finance is hereby authorized to initiate any funding
<br /> ' mechanisms required for the acquisition of said public
<br /> Fe i
<br /> 2c 4t' R4 +
<br /> Ad# 00013 00751 'y a
<br /> ra' �` `��� � ., I C S P NO.: access easements.
<br /> BE IT FURTHER RESOLVED that the Clerk of the
<br /> 5 t ' i County of.Hawaii is directed to transmit copies of this
<br /> resolution to:(1)the property owners of Tax Map Key
<br /> yy., a '0)0-263 (3)2-7-027-065 and Tax Map Key:(3)2-7-004-118,
<br /> k to wit:Papaikou Landing,Inc.,c/o lames Waugh,P.O.
<br /> ' .R . Box 4697,Station C,Calgary,Alberta,yCanada;(2)the
<br /> •9m
<br /> Honorable Harry Kim, Ma 3 or; David Yamamoto,
<br /> � � ' y ( )
<br /> Director of the Department of Public' Works; (4),
<br /> 6j Deanna Sako,Director of the Department of Finance;
<br /> and(5)Joseph K.Kamelamela,Corporation Counsel.
<br /> Introduced'by:
<br /> VALERIE T.POINDEXTER
<br /> Council Member
<br /> I HEREBY CERTIFY that the foregoing resolution was
<br /> duly;passed on first reading by the Council of the
<br /> County of Hawaii at its meeting held on October 21,
<br /> 2020,by the following Aye/No/Absent/Excused vote:
<br /> Ayes: Council Members Chung,David,
<br /> Kaneali'i-Kleinfelder,'Kierklewicz,,
<br /> Lee Loy,Poindexter,Richards,
<br /> Villegas,and Acting Chair Eoff-9
<br /> Noes: None.
<br /> Absent: None.
<br /> Excused: None.
<br /> County Clerk
<br /> County of Hawai'l
<br /> Hawaii County's an Equal Opportunity Provider and
<br /> Employer
<br /> (HTH1300751 10/30/20)
<br />
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