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////MtY Oi N`•COUNTY OF HAWAII :•• - /:•? STATE OF HAWAII
<br /> ..GF•Ni i� .
<br /> RESOLUTION NO. 265 12
<br /> A RESOLUTION REQUESTING THAT THE MAYOR AUTHORIZE THE DIRECTOR
<br /> OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TMK
<br /> 9-2-001:072 IN ITS ENTIRETY, CERTAIN PORTIONS THEREOF, OR A
<br /> CONSERVATION EASEMENT,AS SITUATED IN KAHUKU, KA`U, KNOWN AS
<br /> POHUE BAY.
<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 (PONC) shall develop and submit to the Mayor an initial list of qualifying lands
<br /> worthy of preservation and further that the Commission shall update the list at any time, but at
<br /> least 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 in December 2006, the Commission
<br /> awarded the Pohue Bay (Ka`u) Coastal Property, more particularly designated as tax map key
<br /> parcel 9-2-001:072 and comprised of approximately 16,000 acres, hereinafter the "Property"), its
<br /> second highest parcel for acquisition purposes; and
<br /> WHEREAS, PONC members discussed the merits of purchasing the whole parcel, a
<br /> portions of this large parcel, or the conservation easement(which would buy up the owner's
<br /> development rights); and
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