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J MSY Os N��i ,,.,.'i <br /> rV �i <br /> COUNTY OF HAWAII - -:��'= ..�! /=•I STATE OF HAWAII <br /> te 0 %* S' • <br /> RESOLUTION NO. 49 1 <br /> ( DRAFT 2 ) <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 /> Hawai`i County Code 1983 (2005 Edition, as amended); and <br /> WHEREAS, section 2- 214(c), Hawai`i 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 Hawai`i 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, Hawai`i 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 />