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COUNTY OF HAWAII
<br /> STATE OF HAWAII
<br /> RESOLUTION NO.732-20
<br /> AUTHORIZING PROCEEDINGS IN EMINENT DOMAIN
<br /> AFFIDAVIT OF PUBLICATION 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 } BEINGA 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 Papalkou is used and
<br /> } enjoyed by many residents of the island of Hawai'i for
<br /> surfing, fishing, rdiving,' swimming, 'opihi picking,
<br /> STATE OF HA`VAII } outdoor recreation,picnicking,spending time in nature,
<br /> and other rights traditionally and customarily practiced
<br /> }SS. by native Tlawaiians;and
<br /> WHEREAS the beach at Papaikou is public
<br /> City and County of Honolulu } 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 /> NOV # Pages: 1 beach at Papaikou by first traversing over Mill Road,
<br /> 0 3 2020 identified as Tax Map Key(3) 2-7-027-065, before
<br /> OC. ate. descending to the beach`via a'trail that crosses over
<br /> the property identified as Tax Map Key(3)2-7-004-118;
<br /> Notary N me:COLLEEN E.SORANAKA First Judicial Ci rcu it and
<br /> Doc
<br /> . eserition: avit of
<br /> ` WHEREAS, the current owners of the properties
<br /> ,1
<br /> Affididentified as Tax Map Keys (3) 2-7-027-065 and
<br /> �� (3)2-7-004-118 assert that public access to the beach
<br /> a� f F�
<br /> '� ° � ee ���l�f a�
<br /> Publication ti4- °� at Papaikou via the beach trail is available only with
<br /> R, their consent;and
<br /> - O °` WHEREAS, the current owners of the properties
<br /> 0 V 0 2-020 -��, -( _ 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 `�� w occasionally denying use of the trail for periods of`
<br /> time,and
<br /> WHEREAS,the public's right to use the beach at
<br /> Papaikou cannot.be exercised without overland access;
<br /> ry and
<br /> Lisa Sakakida being duly sworn,deposes and says that she is a clerk,duly authd i�erd WHEREAS,it is 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 /> Tribune-Herald, WHEREAS,pursuant to Chapter 101 and Sections
<br /> that said newspapers are newspapers of general circulation in the State 46-1,5(6), 46.69.1,,and 46-62, 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 Hawal'i
<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 /> Hawai'l 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 HAWAII 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 at Tax Map Key'
<br /> (3)2-7-027-065 and Tax Map Key(3)12-7-004-118;
<br /> Hawaii Tribune-Herald 0 times on: the.metes and bounds descriptions of the easements
<br /> to be taken are detailed on Exhibits "A" and "B,n
<br /> attached hereto; furthermore, the County of Hawaii
<br /> West Hawaii Today 1 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 /> 10/30/2020 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 /> ® BE 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 Sakakida acquisition,and condemnation of the aforesaid private bIA60e'
<br /> Awl property.
<br /> S ed to and s fore me thisda of AD20 ® BE IT FURTHER'RESOLVED that in the process of
<br /> y . . said proceedings in eminent domain,the Corporation
<br /> Coun I' is hereb�suthonzed and empowered
<br /> ''
<br /> to n of%,,,Pd
<br /> terms oYettlerent subject to
<br /> aro al „ ., court eine which such proceedings
<br /> Colleen E.Soranaka,Notary Public of the First Judicial Circuit,State,of Halaii', � are prosecuted.
<br /> My commission expires:Jan 06 2024 ",,� ��`�� BE IT FURTHER RESOLVED that the Director"of
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<br /> Finance is hereby authorized to initiate any funding
<br /> mechanisms required for the acquisition of said public
<br /> Ad# 0001300907 ` `" 4., ICSP NO.' access easements.
<br /> a„ '6R BE IT FURTHER
<br /> ,';j{�. }}s .� �', RESOLVED that the Clerk of the
<br /> !Ce. ° � ,i i
<br /> P County of Havrai r is directed to transmit copies of this
<br /> resolution to:(1)the property owners of Tax Map Key
<br /> _ (3)2-7-027-065 and Tax Map Key(3)2-7-004-118,
<br /> 'Q,. '
<br /> to wit:Papaikou Landing,Inc.,c/o James Waugh,P.O.
<br /> Box 4697,Station C Calgary,Alberta,Canada;(2)the
<br /> Honorable Harry Kim, Mayor; (3) David Yamamoto,
<br /> Director of the Department of Public Works; (4)
<br /> Deanna Sako,Director of the Department of Finance;
<br /> and(5)Joseph K.Kamelamela,Corporation Counsel.
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<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 /> Kaneall'i-Kleinfelder,Kierkiewicz,
<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 Hawaii
<br /> Hawaii County is an Equal Opportunity Provider and
<br /> Employer
<br /> (WHT1300907 10/30/20)
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