HomeMy WebLinkAboutRES 076 Draft 01 1992-1994COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION N0. '~ 93
PROVIDING FOR THE ACQUISITION OF LAND FOR THE EXPANSION OF MAGIC
SANDS BEACH PARK, LAALOA, DISTRICT OF NORTH KONA, COUNTY AND
STATE OF HAWAII.
WHEREAS, that area of land commonly referred to as Magic
Sands, Disappearing Sands or White Sands Beach Park, hereinafter
referred to as "Magic Sands," is owned by the County of Hawaii; and
WHEREAS, the popularity of Magic Sands as a beach and
recreational park, and the scarcity of available parking thereat,
has created congestion and other traffic problems in the area
surrounding the beach park; and
WHEREAS, the County has deemed it necessary to exercise its
right of eminent domain in acquiring that certain undeveloped
parcel of land adjacent to and immediately south of Magic Sands
for the purpose of providing additional parking for beachgoers; and
WHEREAS, Section 101-13 of the Hawaii Revised Statutes
requires that a condemnation action by the County must be
authorized by a resolution of the County Council.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII, that it is necessary for the public use and purpose, to
wit: the expansion and improvement of the Magic Sands Beach Park,
situate at Laaloa, District of North Kona, County and State of
Hawaii, to take, acquire and condemn that certain parcel of land
identified as Tax Map Key No. (3) 7-7-10:36.
BE IT FURTHER RESOLVED that the Corporation Counsel of the
County of Hawaii be and is hereby authorized and empowered to
initiate proceedings in eminent domain, as provided by law, for
the taking, acquisition, and condemnation of the aforesaid parcel
of land, together with any adjacent lands necessary for temporary
construction purposes.
BE IT FURTHER RESOLVED that in the process of said
proceedings in eminent domain, the Corporation Counsel be and is
hereby authorized and empowered to negotiate terms of settlement,
subject to the approval of this Council and the court before which
such proceedings are prosecuted.
BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii
is directed to transmit copies of this Resolution to the Honorable
Stephen K. Yamashiro, Mayor of the County of Hawaii, the Director
of the Department of Parks and Recreation and the Office of the
Corporation Counsel.
Dated: Hilo, Hawaii, this 25th day of August , 1993.
INTRODUCED BY:
COUNCIL M MBER, COUNTY OF HAWAII
COUNTY COUNCII. ROLL CALL VOTE
County of Hawaii
Hilo. Hawaii
I hereby certify that the foregaina RE90LUTION wu by
the vote indicsted to the right hereof adopted by tt~e COUNCIL
of the County of Hawaii on Au gu s t 2 5 , 9 9 3
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