HomeMy WebLinkAboutRES 396 Draft 01 2014-2016 COUNTY OF HAWAII STATE OF HAWAII
• '�>t OF•M►�
RESOLUTION NO. 396 16
RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT
WITH THE STATE OF HAWAII, BOARD OF LAND AND NATURAL RESOURCES,
AND TO ACCEPT FUNDS FOR THE ACQUISITION OF TAX MAP KEY NO. (3) 1-4-
002:022,WAI`OPAE (FKA VACATIONLAND LAND TRUST), DISTRICT OF PUNA,
ISLAND OF HAWAII
WHEREAS, the Hawai`i County Public Access, Open Space and Natural Resources
Preservation Commission determined that Wai`opae in the District of Puna with Tax Map Key
(TMK) parcels (3) 1-4-02:22 and (3) 1-4-02:51 as a site to increase public access to the shoreline,
increase educational opportunities, preserve and restore native habitat and protect the Wai`opae
Tidepools Marine Life Conservation District where there are "Lands or property entitlements with
high public interest, imminent needs for acquisition, and largest benefit to the general public"; and
WHEREAS, Resolution No. 201-13 authorized the Director of Finance to enter into
negotiations for the acquisition of TMK parcels (3) 1-4-02:22 and (3) 1-4-02:51, comprising a total
of approximately 322.167 acres of land collectively known as Wai`opae, in the District of Puna,
pursuant to Ordinance No. 05-166; and
WHEREAS, a survey of TMK parcels (3) 1-4-02:22 and (3) 1-4-02:51 found that all 37.7
acres of TMK (3) 1-4-02:51 and approximately 26.075 acres of TMK (3) 1-4-02:22 were
completely inundated by the tide, which left approximately 258.396 acres on TMK (3) 1-4-02:22 as
usable land area; and
WHEREAS, TMK (3) 1-4-02:51 was "dropped" into TMK (3) 1-4-02:22 as a result of
finding that all 37.7 acres of TMK (3) 1-4-02:51 were inundated by the tide;
WHEREAS, on July 9, 2014, an appraisal was completed to determine the fee simple
market value for the 258.396 acres on TMK (3) 1-4-02:22, which appraised that property at
$2,660,000; and
WHEREAS, on September 15, 2014, the County of Hawai`i applied for funding by grant
from the State of Hawai`i, Department of Land and Natural Resources, Legacy Land Conservation
Program, for the acquisition of Wai`opae, in the District of Puna that now only had TMK (3) 1-4-
02:22 comprising of 322.167 acres of total land and 258.396 acres of usable land; and
WHEREAS, on December 5, 2014, the Legacy Land Conservation Commission approved
the County's grant application and granted the amount of$1,330,000.00 to the County of Hawai`i;
and
WHEREAS, approval of the Legacy Land Conservation Commission's grant of
$1,330,000.00 to the County of Hawai`i was heard before the Board of Land and Natural Resources
on February 27, 2015 and the grant was approved; and
WHEREAS, an agreement between the County of Hawai`i and the State of Hawai`i Board
of Land and Natural Resources, Legacy Land Conservation Commission is required to receive the
grant; and
WHEREAS, pursuant to Hawai`i Revised Statutes ("HRS") Section 46-7, the Hawai`i
County Council may consent to agreements between the County and any public body respecting
action to be taken pursuant to the powers granted to the County by law and to furnish, expend, and
receive any funds or other assistance in connection with projects to be undertaken by the County;
now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII,that in
accordance with HRS Section 46-7, that the Mayor of the County of Hawai`i is authorized, on
behalf of the County, to enter into an agreement with the State of Hawaii, Board of Land and
Natural Resources, to accept funds for the acquisition of Wai`opae, TMK: (3) 1-4-02:22.
BE IT FINALLY RESOLVED, that the Clerk of the County of Hawaii, is directed to
transmit copies of this resolution to (1) Honorable William P. Kenoi, Mayor of the County of
Hawaii; (2) Finance Department, Property Management Division; and (3) State of Hawai`i,
Department of Land and Natural Resources, c/o Legacy Land Conservation Program, P.O. Box 621,
Honolulu, Hawaii 96809.
Dated at Kona , Hawai`i, this 17th day of February , 2016 .
INTRODUCED BY:
C) d CIL \ E\BER, CO 'Y 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 EOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the ILAGAN
County of Hawaii on February 17, 2016 X
KANUHA X
ONISHI X
ATTEST: PALEKA X
POINDEXTER X
WILLE X
1 �,1 ,+�` 9 0 0 0
Reference: C-668/Waived FC
COUNTY CLERK CHAIRPERSON &PRESIDING OFFICER RESOLUTION NO. 396 16
2