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„tY Oi <br />COUNTY OF HAWAI`I ; • STATE OF HAWAI`I <br />T0l M <br />i <br />RESOLUTION NO. -9:13 26 <br />A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO <br />NEGOTIATIONS FOR THE ACQUISITION OF CONSERVATION EASEMENTS FOR <br />ALL OR A PORTION OF THE PROPERTIES IDENTIFIED BY TAX MAP KEY NOS. <br />(3) 5-2-009:025 AND 026, ALSO KNOWN AS THE KEALOHA FAMILY LO`I, <br />SITUATED IN THE AHUPUA`A OF NIULI°I, DISTRICT OF NORTH KOHALA, <br />UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES <br />PRESERVATION FUND. <br />WHEREAS, Chapter 2, Article 42 of the Hawaii County Code 1983 (2016 Edition, as <br />amended) (hereinafter "the Code"), establishes a Public Access, Open Space, and Natural <br />Resources Preservation Fund; and <br />WHEREAS, Section 2-214.1(c) of the Code provides that the Public Access, Open <br />Space and Natural Resources Preservation Fund shall be used for "acquiring lands or property <br />entitlements in the County of Hawaii for the following purposes: <br />(1) Public outdoor recreation and education, including access to beaches and <br />mountains; (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 lands; <br />and <br />(5) Protection of watershed lands to preserve water quality and water supply”; and <br />WHEREAS, Section 2-217 of the Code provides, in part, that the duties and <br />responsibilities of the Public Access, Open Space, and Natural Resources Preservation <br />Commission (hereinafter "the Commission") include developing and submitting to the Mayor an <br />initial prioritized list of qualifying lands worthy of preservation and updating the list annually by <br />December 31 of each year; and <br />WHEREAS, Section 2-218(a) of the Code provides, in pertinent part, that: "[tlhe council <br />shall, by resolution, select the land or lands to be preserved..."; and "[w]here there are multiple <br />lands under consideration at any one time, priority shall be given to... lands where matching <br />funding is available to leverage the County contribution."; and <br />WHEREAS, the Kealoha Family Lo`i, shown and described in Exhibit A, attached <br />hereto and incorporated herein by reference, consists of approximately 2.39 acres, and is ranked <br />the second highest priority for acquisition in the Commission's 2025 Annual Report to the <br />Mayor, dated December 31, 2025; and <br />WHEREAS, Beldon K. Kealoha Trust owns and stewards the lands and lo`i systems that <br />make up the Kealoha Family Lo`i situated in the ahupua`a of Niuli`i in the district of North <br />Kohala; and <br />