|
GRANT OF EASEMENT
<br />THIS INDENTURE, made this day of 120 , by and
<br />between COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose
<br />mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, (collectively, the "Grantor"), and
<br />HAWAII ELECTRIC LIGHT COMPANY, INC., a Hawaii corporation, whose principal
<br />place of business is 1200 Kilauea Avenue, Hilo, Hawaii and whose post office address is P.O.
<br />Box 1027, Hilo, Hawaii 96721, (collectively, the "Grantee").
<br />WITNESSETH THAT:
<br />Now therefore, the Grantor, in consideration of the sum of TWENTY SIX
<br />THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($26,300.00) paid to the Grantor,
<br />the receipt of which is acknowledged, and of the covenants herein made by the Grantee, grants
<br />and conveys unto the Grantee a perpetual right and easement to construct, reconstruct, operate;
<br />maintain, repair and remove poles, guy wires, anchors, overhead and/or underground wire lines
<br />and such other appliances and equipment as may be necessary for the transmission and distribution
<br />of electricity and/or communication, including all service lines emanating from the main trunk
<br />line, to be used for light and power and/or communications and control circuits, including, without
<br />limiting the generality of the foregoing, the right (but not the obligation) to trim, keep trimmed,
<br />remove, and control any trees and vegetation in the way of its lines, appliances and equipment and
<br />a right of entry upon the Grantor's land and appurtenant interests, if any, for the aforesaid purposes,
<br />over, under, upon, across and through those certain premises situated at Koholalele, District of
<br />Hamakua, Island and County of Hawaii, State of Hawaii, affecting Lots 1-A and 1-B, being a
<br />portion of Royal Patent 4527, Mahele Award 26-B to Kailakanoa, and designated Parcels 001 and
<br />005 on Tax Map 4-2-605, Third Division, State of Hawaii; said Easement E -1-A and E -1-B being
<br />within said Lots 1-A and 1-B, and more particularly described in Exhibit A and delineated in
<br />Exhibit B. attached hereto and by reference made a part hereof.
<br />TO HAVE AND TO HOLD the same unto the Grantee, forever.
<br />RESERVING, HOWEVER, unto the Grantor, its respective successors, tenants,
<br />transferees, licensees and assigns, the right to use any portions of the granted premises not
<br />occupied by the lines, appliances and equipment of the Grantee, including rights of way over,
<br />under and across the granted premises, provided, however that such reserved rights shall not be
<br />exercised in any manner that will unreasonably interfere with the Grantee's use of the granted
<br />premises, its lines, appliances and equipment, or Grantee's access to and maintenance of said lines,
<br />appliances and equipment.
<br />AND the Grantee hereby covenants and agrees that:
<br />1. Due Care and Diligence. Each Grantee will use due care and diligence to
<br />keep the lines, appliances and equipment owned by such Grantee in good and safe condition and
<br />repair and will exercise its rights hereunder in a manner that will occasion only such interference
<br />with the use of the land by the owners and occupants as is reasonably necessary.
<br />H2O20-029.AK 2
<br />
|