Council Bills and Resolutions Text

WHEREAS, Paragraph 16, Section 46-1.5, Hawaii Revised Statutes (HRS), as amended, authorizes the counties, under certain conditions, to dispose of real property as the interests of the inhabitants of the county may require; and

WHEREAS, the property at 1459 A’alapapa Drive, including the residential improvements thereon, identified as Tax Map Key No. 4-3-003:043, is City-owned and is shown on the map attached as Exhibit “A”, attached hereto and by reference made a part of this resolution; and

WHEREAS, the Director, Department of Budget and Fiscal Services (hereinafter referred to as the “Director”), has recommended to the Council to sell the property located at 1459 A’alapapa Drive pursuant to Sections 371.3, 37-1.6, and 37-1.11, Revised Ordinances of Honolulu 1990 (“ROH”), as amended; and

WHEREAS, the Director has proposed and recommended to the Council to sell said property at 1459 A’alapapa Drive by sealed bidding for the minimum upset price of $956,000, based on an appraisal; and

WHEREAS, the net proceeds received from the sale of said property at 1459 A’alapapa Drive will be deposited as a perpetual, irrevocable gift, into an endowment fund to be created and administered by the Hawaii Community Foundation, and to be known as the “Kupuna Services Endowment Fund,” pursuant to an agreement consistent with the form attached hereto as Exhibit “B” (the “Endowment Fund”); and

WHEREAS, the Hawaii Community Foundation will make periodicwith payouts from income earned on the eEndowment fFund directly to the Elderly Affairs Division, Department of Community Services, said payouts to be deposited into the City’s newly created special Kupuna Fund; and

BFS-AALAPAPA SALE.R04
WHEREAS, said property at 1459 A’alapapa Drive is not surplus property as determined in Section 37-1.2 ROH; and

WHEREAS, pursuant to Section 37-1.3 ROH, it is in the best interests of the City to sell said property at 1459 A’alapapa Drive so that said payouts that are deposited into the City’s newly created special Kupuna Fund can be used at the discretion of the Elderly Affairs Division, Department of Community Services, to maximize services to the elderly on Oahu, as intended by the bequest from the Estate of Viola Butz; and

WHEREAS, said property at 1459 A’alapapa Drive, with a land area of 11,250 square feet, is improved with a 3-bedroom/2-bath single-family residential dwelling, with an approximate area of 1,745 square feet; and

WHEREAS, said property at 1459 A’alapapa Drive is zoned R-10, Residential District and the sale of said property will be sold for residential use, in accordance with said zoning; and

WHEREAS, the 2004 assessed values are $891,000 for the land and $258,300 for the residential dwelling for said property at 1459 A’alapapa Drive; and

WHEREAS, some of the marketing activities planned for the sale of said property at 1459 A’alapapa Drive are press releases; ads in the local newspapers and real estate publications; and notifications to developers, property managers and real estate firms; and

WHEREAS, said property at 1459 A’alapapa Drive shall be sold without the services of a real estate broker; and

WHEREAS, no conditions or restrictions are proposed for said property at 1459 A’alapapa Drive upon its sale; now, therefore,    

BE IT RESOLVED by the Council of the City and County of Honolulu that it approves the sale of said property by sealed bidding at 1459 A’alapapa Drive, as shown on the map attached as said Exhibit “A;” and

BE IT FURTHER RESOLVED that the sale be in accordance with the recommendations of the Director and/or designee, and with all applicable laws; and

BE IT FURTHER RESOLVED that the escrow agent appointed for the sale shall be instructed to pay to the City from proceeds of the sale amounts due to the Community Development Block Grant program, and to pay directly to the Hawaii Community Foundation all amounts remaining, after the payment of costs and expenses incident to the sale, for the establishment of the Endowment Fund; and

BE IT FURTHER RESOLVED that the Council of the City and County of Honolulu determines and declares that the establishment of the Endowment Fund with the Hawaii Community Foundation, in accordance with the terms set forth herein, shall serve a public purpose; and

BE IT FURTHER RESOLVED that the Director and/or designee, shall be authorized to agree to reasonable terms and conditions to effectuate the above-described transactions; and

BE IT FURTHER RESOLVED that the Director and/or designee, shall be and is hereby authorized to sign the deed, and other necessary documents to effectuate the above described transactions; and

BE IT FINALLY RESOLVED that the Clerk be directed to transmit a certified copy of this resolution to the Directors, Department of Budget and Fiscal Services and Department of Community Services.

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DATE OF INTRODUCTION:
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Honolulu, Hawaii             Councilmembers