RES 240 Draft 01 2010-2012 - Laserfiche WebLink

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-.4oJM`�GS.............. ...... COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 240 12 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF A PORTION OF THE PARCEL IDENTIFIED AS TMK: 7-6-015:023 COMPRISING LESS THAN 10,000 SQUARE FEET IN THE AHUPUA'A OF HOLUALOA 1ST AND 2ND, NORTH KONA, HAWAII KNOWN AS "BANYAN'S BEACH" PURSUANT TO CHAPTER 2,ARTICLE 42, HAWAII COUNTY CODE 1983 (2005 EDITION,AS AMENDED). WHEREAS, the Kona Bali Kai, ("Condos") owns 2.608 acres in North Kona at the address of 76-6246 Ali`i Drive, Kailua Kona, Hawai`i; and WHEREAS, the public desires more open space and a community park on the portion of the parcel known as "Banyan's Beach". The "Banyan's Beach"portion of TMK: 7-6-015:023 in which the County of Hawai`i is interested contains less than 10,000 square feet ("Banyan's Beach") and is located on the southwest portion of the parcel; and WHEREAS, "Banyan's Beach" is a well-known surfing area drawing thousands of visitors and local residents each year, and it is one of the most popular surf venues in Kona. WHEREAS,the Condos' have graciously allowed the use of their property for the surfing contests, and provided a outdoor shower and water at their own expense to allow surfers to rinse off saltwater. Community members at their own expense have placed and maintained a lua on the parcel for the public to use. The Department of Land and Natural Resources maintains a ten-foot right-of-way along the south boundary line to allow access to the ocean; and WHEREAS,purchase of"Banyan's Beach" will add another County park for the public, expand public access to the beach area mauka of the high water line, allow public events under the direction and control of the Department of Parks and Recreation ("P&R"), allow P&R to install a water meter for the public shower and a new public drinking fountain, provide County control for public safety, and preserve the area mauka of the high water line in perpetuity; and WHEREAS, chapter 2, article 42, Hawai`i County Code, established the Public Access, Open Space, and Natural Resources Preservation Commission; and WHEREAS, section 2-214, Hawai`i County Code, established the Public Access, Open Space, and Natural Resources Preservation Fund; and