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COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 198 09 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES, LEGACY LAND CONSERVATION COMMISSION, AND TO ACCEPT FUNDS FOR THE ACQUISITION OF KAWA, DISTRICT OF KA`U, ISLAND OF HAWAII WHEREAS, the Hawaii County Public Access, Open Space and Natural Resources Preservation Commission cited Kawa as a site where there are "Lands or property entitlements with high public interest, imminent needs for acquisition, and largest benefit to the general public"; and WHEREAS, Resolution No. 451-06 authorizes the Director of Finance to enter into negotiations for the acquisition of Tax Map Key parcels 9-5-017:007, 9-5-017:005, 9-5-016:025, and 9-5-016:006, comprising approximately 785.161 acres of land collectively known as Kawa (aka. Kawa`a and Kawa`a Bay), in the District of Ka`u, pursuant to Ordinance No. OS-166; and WHEREAS, on October 10, 2007, the County of Hawaii, applied for funding by grant from the State of Hawaii, Department of Land and Natural Resources, Legacy Land Conservation Commission, for the acquisition of Kawa; and WHEREAS, the Legacy Land Conservation Commission approved the County's grant application and granted the amount of $1,500,000 to the County of Hawaii; and WHEREAS, approval of the Legacy Land Conservation Commission's grant of $1,500,000 to the County of Hawaii was approved by the Board of Land and Natural Resources on May 9, 2008; and WHEREAS, the Board of Land and Natural Resources must encumber these funds by appropriation on or before June 30, 2009; and WHEREAS, pursuant to Hawaii Revised Statutes ("HRS") Section 46-7, the Hawaii County Council may consent to agreements between the County and the Federal governments respecting action to be taken pursuant to the powers granted to the County by law and to furnish, expend, and receive any funds or other assistance in connection with projects to be undertaken by the County.