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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), Hawai`i 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 /> WHEREAS, as mentioned in the Commission's 2009 Prioritized Properties list to the
<br /> Mayor, this Property is next in line to purchase as the previous four parcels are now County
<br /> property or in the process of being purchased; and
<br /> WHEREAS, the Property is:
<br /> 1. Presently for sale;
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