HomeMy WebLinkAboutRES 308 Draft 01 2010-2012 JMtv.ur N�
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•���''' �'1 STATE OF HAWAII
COUNTY OF HAWAII : :- _•1•r
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RESOLUTION NO. 308 12
A RESOLUTION PROVIDING FOR THE ACQUISITION OF EASEMENTS IN
PRIVATE PROPERTY BY EMINENT DOMAIN, BEING A PORTION OF TAX MAP
KEY NUMBERS: (3)2-7-004-118 AND (3)2-7-027-065, SITUATED AT PAPA`IKOU,
DISTRICT OF SOUTH HILO, TO PROVIDE A PEDESTRIAN PUBLIC ACCESS
EASEMENT TO THE BEACH AT PAPA`IKOU.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
WHEREAS, the beach at Papa`ikou is one of the few sand beaches on the coast north of
Hilo; and
WHEREAS, the beach at Papa`ikou is used and enjoyed by many residents of the island
of Hawai`i, especially those living in Papa`ikou, for surfing, fishing, swimming, outdoor
recreation,picnicking, spending time in nature, and for the exercise of Hawaiian gathering rights;
and
WHEREAS, the beach at Papa`ikou is public property up to the high wash of the waves,
as defined in Hawai`i law; and
WHEREAS, the public has used paths over what is now known as Tax Map Key (3) 2-7-
004-118 to get to the beach at Papa`ikou for many decades; and
WHEREAS, an 1873 map, Registered Map No. 910, shows a road to the vicinity of the
beach at Papa`ikou in the approximate location of the current Mill Road; and
WHEREAS, the 1979 County of Hawai`i shoreline public access inventory identified an
existing public access described as "Mill Road to Papa`ikou Landing through Silverton
Subdivision and private lands"; and
WHEREAS, Mill Road is currently designated as Tax Map Key (3) 2-7-027-065; and
WHEREAS, the current path used by the public to get access to the beach at Papa`ikou
begins at the end of Mill Road and continues through Tax Map Key (3) 2-7-004-118; and
WHEREAS, the current owners of Tax Map Key (3) 2-7-004-118 assert that the path is
private, and that access by the public to the beach at Papa`ikou is available only with their
consent; and
WHEREAS, the owners of Tax Map Key (3) 2-7-004-118 have imposed restrictions on
the use of the path, including limitation of hours, and have occasionally denied use for periods of
time; and
WHEREAS, if the use of the path is only with permission of the private owners, they
could place additional limits, or deny access altogether; and
WHEREAS, the owners of Tax Map Key (3) 2-7-004-118 also claim ownership of Mill
Road, Tax Map Key (3) 2-7-027-065, through a quitclaim deed, although owners of lots within
the Silverton Camp have easements over Mill Road in their deeds, and one condition of the
original subdivisions allowing the private purchase of the lots in Silverton Camp in 1952,
Subdivision Numbers 566-569, was that the lot purchasers were supposed to receive undivided
interests in the Mill Road; and
WHEREAS, the owners of Tax Map Key (3) 2-7-004-118 have posted "Private Road"
signs at the entrance to Mill Road; and
WHEREAS, the public's right to use the beach at Papa'ikou cannot be enjoyed without
overland access; and
WHEREAS, there may be a public right to overland access to the beach at Papa`ikou
based upon the Highways Act of 1892, prescriptive usage, implied dedication, or other legal
means, but to establish such public rights would require litigation which could prove expensive;
and
WHEREAS, the path over Tax Map Key (3) 2-7-004-118, and over Mill Road, Tax Map
Key(3) 2-7-027-065, is the safest and most convenient access to the beach at Papa`ikou; and
WHEREAS, a survey has been completed showing the metes and bounds of the path
currently used by the public over Tax Map Key (3) 2-7-004-118; and
WHEREAS, Tax Map Key (3) 2-7-004-118 consists of about 16.9 acres, but the path,
according to survey, is only about 1117' long and 10' wide, and occupies about 0.5 acres, mostly
on a slope that is unusable for other purposes; and
WHEREAS, a pedestrian easement over the path would allow public access to the beach
at Papa`ikou, while continuing to allow the private owners to have the beneficial use of their
remaining property; and
2
WHEREAS, according to County property tax records, both Tax Map Key Numbers (3)
2-7-004-118 and (3) 2-7-027-065 are owned by Papa'ikou Landing, Inc., c/o James Waugh, P.O.
Box 4697, Station C, Calgary, Alberta, Canada; and
WHEREAS, the acquisition of a pedestrian easement over the path and Mill Road would
reduce conflict between the private landowner and community members by clearly establishing
the extent of private and public rights in the area; and
WHEREAS, members of the community are ready to assist in the maintenance and
management of a public access easement to the beach at Papa'ikou, and in the maintenance and
management of the public use of the beach, and have already done so; and
WHEREAS, over 5000 residents of the island of Hawai`i have signed petitions calling
for public access to the beach at Papa'ikou; and
WHEREAS, Section 115-2 of the Hawai`i Revised Statutes provides in part that"the
various counties shall purchase land for public rights-of-way to the shorelines, the sea, and
inland recreational areas"; and
WHEREAS, Section 115-6 of the Hawai`i Revised Statutes provides that such purchases
to allow for public rights-of-way to the shorelines, the sea, and inland recreational areas shall be
made under Chapter 101 of the Hawai`i Revised Statutes, which sets out provisions for
condemnation of private property, otherwise known as eminent domain; and
WHEREAS, Section 101-13 of the Hawai`i Revised Statutes requires that a
condemnation action by the County must be authorized by resolution; and
WHEREAS,the acquisition of an easement to the beach at Papa'ikou would be in the
public interest; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that it is
necessary for a public use and purpose, to wit: for the benefit of the public, to ensure access to
the beach at Papa'ikou, to take, acquire and condemn a pedestrian public access easement
through a portion of that certain private property identified as Tax Map Key Numbers: (3) 2-7-
004-118 and(3) 2-7-027-065, Papa'ikou, District of South Hilo, described in Exhibit"1" and
delineated on Exhibit"2" attached hereto.
BE IT FURTHER RESOLVED that the Corporation Counsel of the County of Hawai`i
be and hereby is authorized and empowered to initiate proceedings in eminent domain, as
3
provided by law, for the taking, acquisition and condemnation of the aforesaid easement over
private property.
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 the court before which such proceedings are prosecuted.
BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to
initiate any funding mechanisms required for the acquisition of said public access easements.
BE IT FINALLY RESOLVED that the Clerk of the County of Hawai`i is directed to
transmit copies of this resolution to (1) Papa'ikou Landing, Inc., c/o James Waugh, P.O. Box
4697, Station C, Calgary, Alberta, Canada; (2) the Honorable William P. Kenoi, Mayor of the
County of Hawaii; (3) the Department of Public Works; (4)the Department of Finance; and(5)
the Office of the Corporation Counsel.
Dated at , Hawai`i, this day of , 2012
INTRO U D BY` •
�.� UVv^uwc.
COUNCIL MEMBER, COUNYY HAAI`I
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i BLAS
FORD
I hereby certify that the foregoing RESOLUTION was by HOFFMANN
the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA
County of Hawaii on
ONISHI
PILAGO
ATTEST: SMART
YAGONG
YOSHIMOTO
Reference: C-853/FC
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 3u8 12
4
•
EXHIBIT "1"
HILL ROAD (REVISED)
Portion Of
R.P. 7875, L.C. Aw. 11215
Ap. 1 to Aarona Healiihonui
Papaikou, South Hilo, Hawaii, Hawaii
Beginning at a point at the southwest corner of this parcel
of land being also on the northerly boundary of Lot 1, Land Court
Application 1490 and on the easterly aide of the Hawaii Belt Road
(F.A.P. No. SDR 3(4)) the coordinates of said point of beginning
referred to Government Survey Triangulation Station "ALALA" being
--- 19,149.50 feet South and 5,791.86 feet East and running by
azimuths measured clockwise from true South:
1. 201' 55' 30.00 feet along the easterly
side of the Hawaii Belt
Road (F.A.P. Ho. SDR
3(4));
2. 291' 55' 117.32 feet along Lots 1,2 and
20-Foot Road, Silverton
Camp Mauka;
3. 296' 45' 92.08 feet along 20-Foot Rcad
and Lot 6, Silverton Camp
Hauka;
4. 307' 49' 46.98 feet along Lots 6 and 10,
Silverton Camp Hauka;
5. 315' 45' 104.99 feet along Lot 10 and 20-
root Road, Silverton Camp
Mauka:
6. 321' 35' 309.37 feet along Lots 3,5,7,i0-
Foot Road, 9 and 11,
Silverton Carden
Subdivision;
7. 328' 42' 434.40 feet along Lots 11, 20-
Foot Road,13,15,20-Foot
Road,17,19,20-Foot Road
and 21, Silverton Garden
Subdivision;
8. 327' 50' 184.83 feet along Lots 26,24 and
20-Foot Road, Silverton
Camp Makk1;
9. 331' 50' 95.10 feet along Lots 22 and
21, Silverton Camp Bakal;
•
10. 334' 10' 166.43 feet along Lots 20,19 and
18, Silverton Camp Makai:
11. 337' 40' 61.75 feet along Lot 18,
Silverton Camp Hakai;
12. 83' 40' 31.21 feet along Papaikou Mill
Site;
13. 157' 40' 52.23 feet along Papaikou Mill
Site:
_ 14. 154' 10' 164.90 feet along Lots 17 end
16, Silverton Camp Hakai:
15. 151' 50' 93.50 feet along Lots 16 and
15, Silverton Camp Makai;
16. 147' 50' 182.45 feet along Lots 14 and
13, Silverton Camp Makai;
17. 71' 04' 10.26 feet along Lot 13,
Silverton Camp Makai;
18. 148' 42' 431.50 feet along Lots F, 1, F,
0, C-1, and B-1,
remainders of R.P. 7875,
L.C. AW. 11215 Ap.1 to
Aarona Kealiihonui;
19. 141' 15' 305,27 feet along Lots 8-1, A
and a Lot, remainders of
R.P. 7875, L.C. AW.
11215 Ap.I to Aarona
Kealiihonui;
20. 125' 45' 98.85 feet along Lot, remainder
of R.P. 7875, L.C. Au.
11215 Ap.1 to Aarona
Kealiihonui;
21. 214' 17' 10.20 feet along Lot 2, Land
Court Application 1490;
22. 127' 49' 42.00 feet along Lot 2, Land
Court Application 1490:
-2-
23. 116" 45' 87.65 feet along tot 2, Land
Court Application 1490;
24. 111• 55' 116.30 feet along Lots 2 and 1,
Land Court Application
1490 to the point of
beginning and containing
a revised area of 1.292
Acres.
This Mill Road description is a connilatiop of record courses
relating to six (6) separate Subdivisions: Lots 1 and 2, Land
Court Application 1490; Silverton Camp Mauka; Silverton Garden
_____......__ Subdivision; Silverton Camp Makki: Papaikou Mill Site; and Mill
Road Supervisors Subdivision, and does not close mathematically
with error of closure: 320' 39' 0.47 feet.
Mbfl HURRAY, S'ITH 6 ASSOCIATES, LTD.
o RE 4m-:ERN 7
o GROIESS;OsOL < y
LAW SURVET^.R 7.&•7"..4
++o.
124T Donald James Hurray
.4•41' J:a7 Registered Surveyor _--
Hilo, Hawaii
June 16,1995
NSA 4073
END OF EXHIBIT "1"
-3-
EXHIBIT"2"
1,- ,
PAPAIKOU BEACH TRAIL LOT 17 106.oX� (8.127' LOT ',cn-:
WITH IMAGE OF MAP BY 262'01'00. . • 10.02' 18 I. ,
- 6 r ;� $ 52.23' `
CHARLES L. MURRAY, ' •,6% 7 �'= -�- 37'40'00' j }
SUBDIVISION 3007, �251�3�p0:::-- ,c 1 I. hr
JUNE 29, 1971 8c 34.94 , /.r.7.1.30 • n --- ..-
Ri530.00~ /% P5�JE GATE �. ! /."~ I —
MAY 3, 1974,
IN GRAY SHADE o � 3 23.30 . / - y°° -� R;`�
3532'48"
PAPAIKOU, o ,",I �+ .. R=20.00'.i ,i..,::„,,,: .4
S. HILO, Z 1 ; 4,�� j / w /�� /,ISLAND OF HAWAII, W "�� m'
HAWAII Q �� `<s (. /N-q'II � ,. i4
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LL. t{ 194 X28" _4 )_t..--.- `1511' p w� '� ':P-�4„� r r. sq j QI`n R=2040• A !
y 143 28 ( ,( L
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)... P'VED-- `53.49' �o � SECTIONS
• 13438'40,r�� 9 OF\TRAIL
:n ,<..---15� k 2
X11 fij PROPOSED TRAIL EASEMENT
\ 0.500 Acres _
20,765.31' S 17„;-.. ........... 6+
6,445.07' E S,J \ , "�j"3 .
REF.A ALALA" 1.94 \\ %'4?•...: .. _ w..1 �..=.; /
Syow5/Nf r :�AtCnoiiSE /�,����1
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CHRIS TF1 �9.oC/F S F \ \ . ,.. /DP lG
2 LICENSED y e° \ �O°\ / .
PROFESSIONAL \ \,j9O,O, X
* SUR MOR * — — — // 23.85' t'G',5,. s.(,
h NO 1077` — — — 35839'07" O.0 k9 �tC)
AwAH,VS \ • 0
This work was prepared by me . PP�,o
or under my direct supervision `- \ P•
�� - - POND .
Niels Christensen `�
Licensed Professional Land Surveyor
License Number 9077
The \ — — —
Independent ---—
t► Hawaii — —
•• Surveyors. LLC 0' 50' 100' — 150' —
P.O.80X 577 I I 1
Phone HI 96721 Date: February 13, 2011
Ph FAX 808 959-0350 \
FAX BOB 959-0353 Drawing:joe9472A.dwg FEET
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