HomeMy WebLinkAboutRES 378 Draft 01 2020-2022 COUNTY OF C #, n •# STATE OF HAWAI6
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RESOLUTION NO. 378 22
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A RESOLUTION AUTHORIZING A DECLARATION OF NON-EXCLUSIVE
ACCESS AND UTILITY EASEMENTS OVER T (3) 2-4-057:031 A
AIAEA, DISTRICT OF SOUTH HILO, ISLAND, COUNTY AND STATE OF
AWAIT, FOR HKI KAILI LLC'S AFFORDABLE SENIOR HOUSING
PROJECT.
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WHEREAS, Executive order No. 4539 dated November 3, 2017, set aside 9.09 acres to
County of Hawaii, located at Waiakea, South Hilo, Island, and County, and State of Hawaii for
the combined public purposes of a veteran's center and affordable senior housing with
preference to veterans and spouses and identified as Tax Map Keys ("TMK") (3) 2-4-057:029 3
and (3) 2-4-057:030.
WHEREAS, this declaration of easement will allow access from TMK(3) 2-4-057:031,
to TMK No. (3) 2-4-057:030.
WHEREAS, TMK (3) 2-4-057:030, contains an area of 5.615 acres, which will be used
to develop the affordable senior rental housing with preference to veterans and spouses
(hereinafter the "Property"); and
WHEREAS, the County of Hawaii ("County") leased the Property to HKI Kawili
LLC, a Hawai`i limited liability company ("HKI"), for the development, use, and operation of
affordable senior rental housing with a preference for veterans and spouses, on the terms and
conditions set forth in that certain Lease dated December 13, 2018, a memorandum of which
is dated February 18, 2019, and recorded in the Bureau of Conveyances of the State of
Hawaii as Document No. A-74310195; and
WHEREAS, the HKI has secured funding to build a 92-unit affordable housing facility
on the Property and now requires an easement for access and utilities; and
WHEREAS, the County desires to declare a non-exclusive access and utility easement
over both a portion of the Ululani Street Extension Road lot and a portion of the Olona Street
Parcel that is part of the Ululani Street Extension to support the affordable senior rental housing
project being developed by HKI; and
WHEREAS, the non-exclusive access and utility easements requested over the Ululani
Street Extension Road lot and the portion of Olona Street Parcel are integral to the successful
development of HKI's affordable senior rental housing project; and
WHEREAS, Hawaii County Code Section 2-120(a)(4) authorizes the Council, by
resolution approved by a majority of its members, to direct the finance director to negotiate the
disposition of real property by granting easements to affordable housing developers on such
terms and conditions as deemed proper, subject, however,to reversion to the County of Hawai`i
upon termination or abandonment of the easements for the specific purposes for which it was
granted; and
WHEREAS, Section 1-120(b) of the Hawai`i County Code authorizes the Council, by
resolution approved by a majority of its members, to direct the finance director to negotiate the
disposition of real property without the notice or appraisal requirements provided for in Section
2-116 and Section 2-117 of the Hawai`i County Code, respectively; now,therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in
accordance with Hawai'i County Code Section 2-120(b), that the Council hereby authorizes the
director of finance to grant a perpetual nonexclusive easement for access and utility purposes to
HKI Kawili, LLC, its successors and assigns, as described in Exhibit "A" and Exhibit"B",
attached hereto, for a sum of$0.00 until termination or abandonment of that specific purpose,
with the condition that HKI shall develop affordable senior housing units with a preference for
veterans and spouses..
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Planning Director and Housing Administrator of the County.
Dated at Kona , Hawai`i,this 20th day of April , 20 22 .
INTRODUCED BY:
\ `Z--
COUNCIL i EMBE" COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted by the COUNCIL of the KANEALI`I-KLEINFELDER X
County of Hawai`i on April 20, 2022
KIERKIEWICZ X
KIMBALL X
ATTEST: LEE LOY X •
RICHARDS X
VILLEGAS X
9 0 0 0
g�� C-738/Waived FC
_ Reference:
-• Y CLERK -AIRPERSON&PRESIDING OFFICER RESOLUTION NO. 378 22
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Exhibit A.
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EASEMENT "32" s
FOR ROAD AND UTILITY PURPOSES
BEING A PORTION OF THE GOVERNMENT(CROWN) LAND OF WAIAKEA
TAX MAP KEY(3RD. DIVISION). 2-4-57: 32
AT WAIAKEA, SOUTH HILO, ISLAND OF HAWAII, HAWAII
Beginning at the Easterly
corner of this parcel of land, being also along the Northerly end of Ululani Street, same also
being the Northwesterly corner of Lot 2-A (Grant S-14,827 to Hilo Meishoin), the coordinates of
said point of beginning referred to Government Survey Triangulation Station"HALAI", being
4,757.97 feet South and 6,760.69 feet East and running by azimuths measured clockwise from
True South:
1. 580 10' 00" 60.00 feet along the Northerly end of Ululani Street;
2. 1480 10' 00" 25.40 feet along the remainder of the Government(Crown)
Land of Waiakea (Tax Map Key(31d. Division): 2-4-
57: 32);
3. 2380 10' 00" 60.00 feet along the Southerly end of Ululani Street);
4, 3280 10' 00" 25.40 feet along the remainder of the Government(Crown)
Land of Waiakea to the point of beginning and
containing an Area of 1,524 Square Feet.
Description prepared by:
806,
August 3, 2021 ��
e� -�, 07-,Lo,
LICENSED 9
PROFESSIONAL
LAND peter H. Souza Jr.
* it
SURVEYOR Licensed Professional Land Surveyor
No.9270 Certificate Number 9279
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Access Easement,31-A
A portion of Lot 6,of the Waiakea Cane Lots, situated at Waiakea, South Hilo, Island &.
County of Hawaii, Hawaii, more particularly described below.
Beginning at the east corner of this parcel of land, said Point of Beginning also being the south
corner of the Addition parcel described in CSF 24,018. filed at DADS, Survey Div., on the
northwest side of Kawili Street, the coordinates of said Point of Beginning referred to Government
Survey Triangulation Station "HALAL" being 5344.35 feet South and 7,124.74 feet East and
thence running by azimuths measured clockwise from true South:
1. 580 10' 00" 60.00 feet along said Kawili Street, thence;
2. 1480 10' 00" 168.34 feet along the southeast boundary of the parcel
described in CSF 23,608, filed in DAGS,
Survey Div., thence;
3. 2380 10' 00" 60.00 feet along Ululani Street extension, thence;
4. 3280 10' 00" 168.34 feet along Parcel 2-A as shown on Consolidation
and Resubdivision approved May 10, 2010 by
HCPD as SUB-08-000833, and said Addition
parcel to the Point of Beginning, enclosing an
area of 10,100 square feet, more or less.
TMK(3)2-4-057-031 (Portion)
This description was prepared
by me or under my direction.
Daniel L. Berg, PLS I f215
dlb&Associates
Legdesc J19-161 ESMT(SQUTH).Docx Page 1 9 July 2019
Access Easement,31-B
A portion of Lot 6,of the Waiakea Cane Lots, situated at Waiakea, South Hilo, Island &
County of Hawaii, Hawaii, more particularly described below.
Beginning at the west corner of this parcel of land, said Point of Beginning also being the north
corner of the parcel described in CSF 23,608, filed at RAGS, Survey Div., on the southeast side of
Olona Street(undeveloped), the coordinates of said Point of Beginning referred to Government
Survey Triangulation Station "HALAL" being 4789.61 feet South and 6709.72 feet East and thence
running by azimuths measured clockwise from true South:
1. 2380 10' 00" 60.00 feet along said Olona Street, thence;
2. 3280 10' 00" 120.00 feet along the southwest boundary of Parcel 2-A
as shown on Consolidation and Resubdivision
approved May 10, 2010 by HCPD as SUB-
08-000833, thence;
3. 58" 10' 00" 60.00 feet along remainder of Ululani Street extension,
thence;
4. 148" 10' 00" 120.00 feet along said parcel described in CSF 23,608 to
the Point of Beginning, enclosing an area of
7,200 square feet, more or less.
TMK(3)2-4-057-031 (Portion)
This description was prepared
by me or under my direction.
Daniel L. Berg, PLS 45
T,0 dib&Associate's
Legdesc J 19-161 ESMT(NOR,fH).Docx Page 1 9 July 2019
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