HomeMy WebLinkAboutRES 378 Draft 01 2020-2022A RESOLUTION AUTHORIZING A DECLARATION OF NON-EXCLUSIVE ACCESS AND UTILITY EASEMENTS OVER TMK (3) 2-4-057:031 AT WAIĀKEA, DISTRICT OF SOUTH HILO, ISLAND, COUNTY AND STATE OF HAWAI'I,
FOR HKI KAWILI LLC’S AFFORDABLE SENIOR HOUSING PROJECT.
WHEREAS, Executive order No. 4539 dated November 3, 2017, set aside 9.09 acres to County of Hawai‘i, located at Waiākea, South Hilo, Island, and County, and State of Hawai‘i 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 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 Hawai‘i (“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 Hawaiʻi 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, Hawaiʻi 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 Hawaiʻi
upon termination or abandonment of the easements for the specific purposes for which it was granted; and
WHEREAS, Section 1-120(b) of the Hawaiʻi 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 HAWAIʻI, 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 _____________, Hawai‘i, this ______ day of ___________________, 20___.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
it A
COUNTY COUNCIL
County of Hawai‘i
Hilo, Hawai‘i
ROLL CALL VOTE
AYES
NOES
ABS
EX
CHUNG
DAVID
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai‘i on _____________________________________.
INABA
KĀNEALI‘I-KLEINFELDER
KIERKIEWICZ
KIMBALL
ATTEST:
LEE LOY
RICHARDS
VILLEGAS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.