Kiawah Island Digest September 2017

September 2017 D I G E S T The Official Publication of the Kiawah Island Community Association Land Trade Benefits Kiawah submitted to the membership for vote. Information and ballots were mailed to primary members on Aug. 14. Details of the Agreement Despite the parcel being oceanfront, it has very little value to KICA, or to anyone other than KP, for two reasons. First, there is no access to the property other than from the beach, as it is surrounded by property owned by KP. And, through legally binding development agreements, KP is the only entity that has the right to develop the property. Below is a summary of property KICA and the conservancy would receive. For details about the benefits of the exchange, visual exhibits of land locations, an FAQ on the proposal and more, please visit kica.us/parceltrade. KICA Operations KP will transfer several parcels of land to KICA in exchange for the 4.6 acres near Beachwalker Park. These properties include: The recently proposed land trade between KICA and Kiawah Partners (KP) would secure land for KICA’s daily operations while preserving more of the island’s natural environment. This land trade requires a vote of the membership. Background In December 1995, KP deeded to KICA the 10-mile stretch of beach from the dunes to the mean high water line, in accordance with the terms of the development agreement. Included in the transfer was a 4.6-acre section of property (pictured above) near Beachwalker Park (2.9 acres of which is seaward of the state determined baseline, and not developable). Years after the conveyance, KP informed KICA that it had transferred the property in error, as it was a small part of a much larger conveyance. KP requested that KICA issue a corrective deed and transfer the property back to KP. The KICA board concluded that regardless of whether it had been conveyed in error, the property had been properly conveyed as common property. By covenant, common property cannot be sold or transferred without the affirmative vote of 75% of the votes cast by association members. KP sought judicial reformation of the deed; to date, the courts have ruled in favor of KICA’s position. The appeals court recently heard the case again and a decision is pending. KICA and KP have been discussing the possibility of a land trade to settle this issue for some time. The two entities have recently come to an agreement on a proposal which has been • Additional land for parking at its 23 Beachwalker Drive administration building, which will now house many of the community group meetings, relieving crowded conditions at the Sandcastle, • Additional land for future expansion of the member beach parking near existing Ocean Course Drive beach parking, • Maintenance parcel currently leased from KP for equipment and other storage as well as a greenhouse for landscaping, and • Equipment storage rights in Ocean Park. Kiawah Conservancy Habitat Preservation In addition to transferring these operational properties to KICA, KP has agreed to other actions that will help to preserve natural habitat for 15 different wildlife species. KP would grant to the Kiawah Conservancy: • Conservation easements on approximately 700 acres of marshland stretching from the Kiawah Island Parkway bridge all the way to Rhett’s Bluff (pictured above). • Conservation easements on two parcels on the left side of the parkway, between the bridge and the main security gate, preserving the entrance to the island. Currently, KP has development rights and zoning to build up to 25 units on these parcels. • Transfer of a 7.7-acre island off of Bass Creek. Continued on Next Page...