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COUNTY OF HAWAII STATE OF HAWAII <br />,TEOF N►'•1► <br />RESOLUTION NO. 49 11 <br />A RESOLUTION REQUESTING THAT THE MAYOR AUTHORIZE THE DIRECTOR <br />OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TMK <br />(3) 9-2-001:075, SITUATED IN KAHUKU, KA`U, ALSO KNOWN AS THE KAHUKU <br />COASTAL PROPERTY. <br />WHEREAS, the Public Access, Open Space, and Natural Resources Preservation Fund <br />was established in 2005, by Ordinance No. 05-85, as codified in chapter 2, article 42, of the <br />Hawaii County Code 1983 (2005 Edition, as amended); and <br />WHEREAS, section 2-214(c), Hawaii County Code 1983 (2005 Edition, as amended), <br />provides that the Public Access, Open Space, and Natural Resources Preservation Fund shall be <br />used for acquiring lands or property entitlements in the County of Hawaii for the following <br />purposes: <br />(1) Public outdoor recreation and education, including access to beaches and <br />mountains; <br />(2) Preservation of historic or culturally important land areas and sites; <br />(3) Protection of natural resources, including buffer zones; <br />(4) Preservation of forests, beaches, coastal areas, natural beauty and agricultural <br />lands; and <br />(5) Protection of watershed lands to preserve water quality and water supply; and <br />WHEREAS, section 2-217, Hawaii County Code 1983 (2005 Edition, as amended), <br />provides in part that the Public Access, Open Space, and Natural Resources Preservation <br />Commission shall develop and submit to the Mayor an initial list of qualifying lands worthy of <br />preservation and further that the Commission shall update the list at any time, but at least <br />annually by December 31 of each year; and <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 "[w]here there are multiple lands under consideration at any one time, priority <br />shall be given to coastal lands..."; and <br />WHEREAS, in its prioritized list to the Mayor dated December 28, 2009, the <br />Commission awarded the Kahuku Coastal Property (also referred to as the "Sands of South Kona <br />Parcel"), more particularly designated as tax map key parcel (3) 9-2-001:075 and comprised of <br />approximately 3,127.95 acres, as shown on the map attached hereto as Exhibit "A" and by <br />reference made a part hereof (hereinafter the "Property"), its fifth highest parcel for acquisition <br />purposes; and <br />