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COUNTY OF C #, n •# STATE OF HAWAI6 <br /> �tE OFNF'� <br /> 3 <br /> RESOLUTION NO. 378 22 <br /> 3 <br /> A RESOLUTION AUTHORIZING A DECLARATION OF NON-EXCLUSIVE <br /> ACCESS AND UTILITY EASEMENTS OVER T (3) 2-4-057:031 A <br /> AIAEA, DISTRICT OF SOUTH HILO, ISLAND, COUNTY AND STATE OF <br /> AWAIT, FOR HKI KAILI LLC'S AFFORDABLE SENIOR HOUSING <br /> PROJECT. <br /> 3 <br /> I <br /> s <br /> WHEREAS, Executive order No. 4539 dated November 3, 2017, set aside 9.09 acres to <br /> County of Hawaii, located at Waiakea, South Hilo, Island, and County, and State of Hawaii for <br /> the combined public purposes of a veteran's center and affordable senior housing with <br /> preference to veterans and spouses and identified as Tax Map Keys ("TMK") (3) 2-4-057:029 3 <br /> and (3) 2-4-057:030. <br /> WHEREAS, this declaration of easement will allow access from TMK(3) 2-4-057:031, <br /> to TMK No. (3) 2-4-057:030. <br /> WHEREAS, TMK (3) 2-4-057:030, contains an area of 5.615 acres, which will be used <br /> to develop the affordable senior rental housing with preference to veterans and spouses <br /> (hereinafter the "Property"); and <br /> WHEREAS, the County of Hawaii ("County") leased the Property to HKI Kawili <br /> LLC, a Hawai`i limited liability company ("HKI"), for the development, use, and operation of <br /> affordable senior rental housing with a preference for veterans and spouses, on the terms and <br /> conditions set forth in that certain Lease dated December 13, 2018, a memorandum of which <br /> is dated February 18, 2019, and recorded in the Bureau of Conveyances of the State of <br /> Hawaii as Document No. A-74310195; and <br /> WHEREAS, the HKI has secured funding to build a 92-unit affordable housing facility <br /> on the Property and now requires an easement for access and utilities; and <br /> WHEREAS, the County desires to declare a non-exclusive access and utility easement <br /> over both a portion of the Ululani Street Extension Road lot and a portion of the Olona Street <br /> Parcel that is part of the Ululani Street Extension to support the affordable senior rental housing <br /> project being developed by HKI; and <br /> WHEREAS, the non-exclusive access and utility easements requested over the Ululani <br /> Street Extension Road lot and the portion of Olona Street Parcel are integral to the successful <br /> development of HKI's affordable senior rental housing project; and <br /> WHEREAS, Hawaii County Code Section 2-120(a)(4) authorizes the Council, by <br /> resolution approved by a majority of its members, to direct the finance director to negotiate the <br />