HomeMy WebLinkAboutRES 252 Draft 01 2010-2012 N`v os Nip'.
COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 252 12
RESOLUTION ACCEPTING A GRANT OF EASEMENT FROM THE TERRY LYNN
HARRISON FAMILY TRUST FOR PUBLIC ACCESS PURPOSES.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII.
WHEREAS, TERRY LYNN HARRISION, Trustee for the TERRY LYNN HARRISON
FAMILY TRUST is the owner of the real property identified by Tax Map Key: (3) 5-3-006:025,
situated in Kapa`au and `Ainakea, District of North Kohala, County and State of Hawai`i;
WHEREAS, TERRY LYNN HARRISION was a part owner in AINAKEA MAKAI,
LLC, in the application for an eight lot consolidation and resubdivision(SUB 08-000736) that
included the subject property;
WHEREAS, SURETY KOHALA CORPORATION, EWM INVESTMENTS, LLC
AND AINAKEA MAKAI, LLC were issued Tentative Approval for SUB 08-000736, which
included a condition of Final Approval requiring the subdivider to comply with Condition No. 3
of Special Management Area Minor Permit No. 08-000093 requiring the applicant to provide a
continuous public lateral pedestrian access easement along the shoreline;
WHEREAS, the County of Hawai`i would like to acquire public access along the length
of the North Kohala coastline;
WHEREAS, the North Kohala Community Development Plan identifies the acquisition
of a continuous lateral access along the sea coast from Kapana`ia to `Ainakea as the No. 1
priority under Section 4.2-Public Access;
WHEREAS, TERRY LYNN HARRISION FAMILY TRUST is desirous of granting the
County of Hawai`i a pedestrian easement, which easement is more particularly described and
delineated in Exhibit "1" attached hereto as a Grant of Public Access Easement for Public
Access Purposes; and
WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter, provides that
the Council, on behalf of the County of Hawai`i, may accept gifts or donations of money,
securities or other personal property or of real estate or any interest in real estate.
- 1 -
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII, in accordance with Article XIII, Section 13 -12 of the Hawai`i County Charter,
the County of Hawai`i accepts the grant of Easements described and delineated in Exhibit "1"
attached hereto, from the TERRY LYNN HARRISION FAMILY TRUST.
BE IT FINALLY RESOLVED that the Clerk of the County of Hawai`i is directed to
transmit copies of this Resolution to: The Honorable William P. Kenoi, Mayor of the County of
Hawai`i; Bobby Jean Leithead Todd, Director of the County of Hawai`i Planning Department;
Robert Fitzgerald, Director of the County of Hawai`i Department of Parks and Recreation;
Lincoln Ashida, Corporation Counsel for the County of Hawai`i; Amy G. Self, Deputy
Corporation Counsel for the County of Hawai`i; and Terry Lynn Harrison at P.O. Box 551729,
Kapa`au, Hawaii 96755.
Dated at Hilo , Hawai`i, this 1st day of August
INTRODUCED BY:
, 2012.
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawai`i
Hilo, Hawai`i
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on August 1, 2012
ATTEST:
TY CLERK CHAIRPERSON & PRESI G FFICER
2
ROLL CALL VOTE
Reference: C- 711 /PWPRC -109
RESOLUTION NO. 252 12
AYES
NOES
ABS
EX
BLAS
X
FORD
X
HOFFMANN
X
IKEDA
X
ONISHI
X
PILAGO
X
SMART
X
YAGONG
X
YOSHIMOTO
X
9
0
0
0
Reference: C- 711 /PWPRC -109
RESOLUTION NO. 252 12
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