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BE IT FURTHER RESOLVED that the Corporation Counsel of the County of Hawaii <br />be and hereby is authorized and empowered to initiate proceedings in eminent domain, as <br />provided by law, for the taking, acquisition and condemnation of the aforesaid easement over <br />private property. <br />BE IT FURTHER RESOLVED that in the process of said proceedings in eminent <br />domain, the Corporation Counsel be and is hereby authorized and empowered to negotiate terms <br />of settlement, subject to the approval of the court before which such proceedings are prosecuted. <br />BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to <br />initiate any funding mechanisms required for the acquisition of said public access easements. <br />BE IT FINALLY RESOLVED that the Clerk of the County of Hawaii is directed to <br />transmit copies of this resolution to (1) Papa`ikou Landing, Inc., c/o James Waugh, P.O. Box <br />4697, Station C, Calgary, Alberta, Canada; (2) the Honorable William P. Kenoi, Mayor of the <br />County of Hawaii; (3) the Department of Public Works; (4) the Department of Finance; and (5) <br />the Office of the Corporation Counsel. <br />Dated at Kona , Hawai`i, this 21st day of November , 2012 <br />Date of Introduction <br />Date of 1st Reading: <br />Date of 2nd Reading: <br />Effective Date: <br />DUCED BY: <br />COUNCIL <br />November <br />9, <br />2012 <br />November <br />9, <br />2012 <br />November <br />21, <br />2012 <br />November <br />21, <br />2012 <br />COUNTY COUNCIL <br />County of Hawaii <br />Hilo, Hawaii <br />1 hereby certify that the foregoing RESOLUTION was by <br />the vote indicated to the right hereof adopted by the COUNCIL of the <br />County of Hawaii on November 21. 2012 <br />ATTEST: <br />i <br />COUNTY CLERK CHAIRPERSON & PRESIDING VFFER <br />4 <br />OF HAWAII <br />ROLL CALL VOTE. <br />Reference: C-853.28/FC-2{ <br />RESOLUTION NO. 308 12 <br />AYES <br />NOES ABS EX <br />BLAS <br />FORD <br />X <br />HOFFMANN <br />X <br />IKEDA <br />X <br />ONISHI <br />X <br />PILAGO <br />X <br />SMART <br />X <br />YAGONG <br />X <br />YOSHIMOTO <br />X <br />5 <br />2 <br />Reference: C-853.28/FC-2{ <br />RESOLUTION NO. 308 12 <br />