RES 143 Draft 01 2012-2014 - Laserfiche WebLink

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• County shall pay the Ikeda Trust the amount of$54,050.00 as fair and just compensation for Ikeda Trust's Land and the Ikeda Trust shall provide such Right-of-Way subject to and in accordance with this Agreement. 1.2 Location. That the property to be provided for the Right-of-Way are described in and delineated in Exhibit"A" attached hereto and made a part hereof. 1.3. Standards for the Construction of the Bypass Highway. The Bypass Highway shall be constructed in conformance with the standards of the County's Department of Public Works, subject, however, to such modifications as may be required by said Department of Public Works. The two-lane paved surface of the Bypass Highway shall be constructed within the Right-of-Way. Construction of the Bypass Highway shall be subject to the standards and requirements of the County's Department of Public Works and to such modifications as may be deemed necessary by said Department of Public Works, including, without limitation,those set forth on Exhibit"B"attached hereto, and to existing terrain and other ground conditions within the Right-of-Way. 2. Subdivision Right-of-Way. Within sixty days (60) days from the date of this Agreement,the County agrees that it shall commence to subdivide the Right-of-Way from the Ikeda Trust's Land("Subdivision")and shall pursue such subdivision work and process with the County in a continuous manner and shall diligently pursue same to conclusion at its sole cost and expense. Ikeda Trust agrees that it shall fully cooperate with the County and its consultants in said subdivision work and process and shall, at the request of the County, execute all reasonably necessary documents, applications and other submissions relating to said Subdivision to County and/or State of Hawai`i agencies and/or departments, which relate to said Subdivision. 3. Relinquishment of Ownership of Right-of-Way. 3.1 Conveyance of Right-of-Way: Upon the County's payment of the Right- of-Way, Ikeda Trust shall convey such Right-of-Way to the County by way of a warranty deed (in lieu of condemnation) in the form attached hereto as Exhibit "C" ("Warranty Deed"), free and clear of all liens, encumbrances and claims of any nature, except those permitted by the grantee as set forth on said Exhibit"C." All costs of such conveyance, including, without limiting the generality of the foregoing,the costs of subdividing the Right-of-Way from the Ikeda Trust's Land to permit such conveyance, surveyor's fees incurred in connection with the preparation of any subdivision map and real property conveyance tax shall be borne by the County. 4. Specific Covenants of County: Concurrently with its construction of the Bypass highway on Ikeda Trust's Land, and at no cost or expense to the Ikeda Trust, the County agrees to do the following: 4.1 Septic System and Leach Field: The County shall install a septic system with a leach field. 2