RES 308 Draft 01 2010-2012 - Laserfiche WebLink

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JMtv.ur N� h1�•• •��''' �'1 STATE OF HAWAII COUNTY OF HAWAII : :- _•1•r • Ott OFN'� ' RESOLUTION NO. 308 12 A RESOLUTION PROVIDING FOR THE ACQUISITION OF EASEMENTS IN PRIVATE PROPERTY BY EMINENT DOMAIN, BEING A PORTION OF TAX MAP KEY NUMBERS: (3)2-7-004-118 AND (3)2-7-027-065, SITUATED AT PAPA`IKOU, DISTRICT OF SOUTH HILO, TO PROVIDE A PEDESTRIAN PUBLIC ACCESS EASEMENT TO THE BEACH AT PAPA`IKOU. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, the beach at Papa`ikou is one of the few sand beaches on the coast north of Hilo; and WHEREAS, the beach at Papa`ikou is used and enjoyed by many residents of the island of Hawai`i, especially those living in Papa`ikou, for surfing, fishing, swimming, outdoor recreation,picnicking, spending time in nature, and for the exercise of Hawaiian gathering rights; and WHEREAS, the beach at Papa`ikou is public property up to the high wash of the waves, as defined in Hawai`i law; and WHEREAS, the public has used paths over what is now known as Tax Map Key (3) 2-7- 004-118 to get to the beach at Papa`ikou for many decades; and WHEREAS, an 1873 map, Registered Map No. 910, shows a road to the vicinity of the beach at Papa`ikou in the approximate location of the current Mill Road; and WHEREAS, the 1979 County of Hawai`i shoreline public access inventory identified an existing public access described as "Mill Road to Papa`ikou Landing through Silverton Subdivision and private lands"; and WHEREAS, Mill Road is currently designated as Tax Map Key (3) 2-7-027-065; and WHEREAS, the current path used by the public to get access to the beach at Papa`ikou begins at the end of Mill Road and continues through Tax Map Key (3) 2-7-004-118; and WHEREAS, the current owners of Tax Map Key (3) 2-7-004-118 assert that the path is private, and that access by the public to the beach at Papa`ikou is available only with their consent; and