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