RES 308 Draft 01 2010-2012 - Laserfiche WebLink

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WHEREAS, the owners of Tax Map Key (3) 2-7-004-118 have imposed restrictions on the use of the path, including limitation of hours, and have occasionally denied use for periods of time; and WHEREAS, if the use of the path is only with permission of the private owners, they could place additional limits, or deny access altogether; and WHEREAS, the owners of Tax Map Key (3) 2-7-004-118 also claim ownership of Mill Road, Tax Map Key (3) 2-7-027-065, through a quitclaim deed, although owners of lots within the Silverton Camp have easements over Mill Road in their deeds, and one condition of the original subdivisions allowing the private purchase of the lots in Silverton Camp in 1952, Subdivision Numbers 566-569, was that the lot purchasers were supposed to receive undivided interests in the Mill Road; and WHEREAS, the owners of Tax Map Key (3) 2-7-004-118 have posted "Private Road" signs at the entrance to Mill Road; and WHEREAS, the public's right to use the beach at Papa'ikou cannot be enjoyed without overland access; and WHEREAS, there may be a public right to overland access to the beach at Papa`ikou based upon the Highways Act of 1892, prescriptive usage, implied dedication, or other legal means, but to establish such public rights would require litigation which could prove expensive; and WHEREAS, the path over Tax Map Key (3) 2-7-004-118, and over Mill Road, Tax Map Key(3) 2-7-027-065, is the safest and most convenient access to the beach at Papa`ikou; and WHEREAS, a survey has been completed showing the metes and bounds of the path currently used by the public over Tax Map Key (3) 2-7-004-118; and WHEREAS, Tax Map Key (3) 2-7-004-118 consists of about 16.9 acres, but the path, according to survey, is only about 1117' long and 10' wide, and occupies about 0.5 acres, mostly on a slope that is unusable for other purposes; and WHEREAS, a pedestrian easement over the path would allow public access to the beach at Papa`ikou, while continuing to allow the private owners to have the beneficial use of their remaining property; and 2