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<br /> <br /> <br /> ,101, <br /> <br /> COUNTY OF HAWAII STATE OF HAWAII <br /> <br /> ~ OF M~ <br /> <br /> RESOLUTION NO. 105 09 <br /> <br /> <br /> A RESOLUTION TO AMEND RESOLUTION NO. 296-07, WHICH PRIORITIZED LANDS <br /> TO BE ACQUIRED PURSUANT TO HAWAII COUNTY CODE SECTION 2-218, OF THE <br /> HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED). <br /> <br /> WHEREAS, the Public Access, Open Space, and Natural Resources Preservation Fund was <br /> established in 2005, by Ordinance No. 05-166, as codified in Chapter 2, Article 42, of the Hawaii <br /> County Code 1983 (2005 Edition, as amended); and <br /> WHEREAS, Section 2-215, Hawaii County Code 1983 (2005 Edition, as amended), provides <br /> <br /> for the establishment of a Public Access, Open Space, and Natural Resources Preservation <br /> Commission (hereinafter the "Commission"); and <br /> WHEREAS, Section 2-217(1), Hawaii County Code 1983 (2005 Edition, as amended), <br /> provides that among the duties and responsibilities of the Commission is the development and <br /> submittal to the Mayor of an island-wide prioritized list of qualifying lands worthy of preservation; and <br /> <br /> <br /> WHEREAS, pursuant to Section 2-218(a), Hawaii County Code 1983 (2005 Edition, as <br /> amended), the Public Access, Open Space and Natural Resources Preservation Commission has <br /> submitted its island-wide prioritized list of qualifying lands worthy of preservation to the Mayor and <br /> the Mayor has submitted his recommendation on this report of the Commission to the this Council <br /> (Communication 115); and <br /> <br /> WHEREAS, Section 2-218(a), Hawaii County Code 1983 (2005 Edition, as amended), <br /> provides, in pertinent part, that: "The Council shall, by resolution, select the land or lands to be <br /> preserved;" and <br /> <br /> WHEREAS, the Council of the County of Hawaii has adopted resolutions for the acquisition <br /> and preservation of properties to be financed in accordance with the terms of Ordinance No. 05-166 <br /> (Resolution No. 427-06 for the acquisition of the Waipi`o Lookout Point (Rice Property) Parcel, <br /> Resolution No. 404-06 for the acquisition of the Puapua`a Properties, Resolution No. 451-06 for the <br /> Kawa`a/Kawa`a Bay Parcel(s), Resolution 240-07 for the acquisition of Kawa`a, Hilea Nui Parcel(s), <br /> Resolution No. 286-07 for the acquisition of Wai`ele Parcel(s), Resolution No. 287-07 for the <br /> acquisition of Honolulu Landing Parcel(s), Resolution No. 288-07 for the acquisition of Cape <br /> Kumukahi Parcel(s), Resolution No. 169-07 Draft 3 for the acquisition of Punalu`u Beach, Ninole <br /> Pond & Adjacent Land(s), Resolution 616-08 for the acquisition of Pa`o`o Ahupua`a Parcel(s), and <br /> Resolution 644-08 for the acquisition of Kaiholena Ahupua`a Parcel(s)); and <br /> <br /> WHEREAS, the County of Hawaii has completed its purchase(s) of Waipi`o Valley (Rice <br /> Property) in October, 2007, and one of the four parcels at Kawa`a being parcel TMK: 9-5-017:007 <br /> consisting of approximately 234 acres in January, 2008; and <br />