HomeMy WebLinkAboutCOM 1042.000 2018-2020Harry Kim
Mayor
Deanna S. Sako
Director
Steven A. Hunt
Deputy Director
County of Hawaii
Finance Department
25 Aupuni Street, Suite 2103 • Hilo, Hawaii 96720
(808) 961-8234 Fax (808) 961-8569
August 13, 2020
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Aaron Chung,Council Chair and
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Members of the Hawaii County Council"'"
Hawaii County Council
25 Aupuni Street
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Hilo, Hawaii 96720
Re: Resolution to grant an easement
The County of Hawaii owns the real property parcels designated by Tax Map Keys: (3)4-
2-005:001 and (3)4-2-005:005. The Hawaii Electric Company, Inc. ("HELCO"),
currently has a revocable right of entry agreement with the County and is now seeking to
increase its interest to a grant of easement in exchange for payment of $26,300.
Enclosed is a resolution authorizing the Director of Finance to negotiate a grant of
easement to HELLO across parcel Tax Map Keys: (3)4-2-005:001 (por.) and (3)4-2-
005:005(por.).
If there are any questions, please feel free to contact Hamana Ventura of the Finance
Department's Property -Management Division at 323-4321.
6---e e2*14
Deanna S. Sako
Director of Finance
Enc.
c: Property Management
Comm. No. I v
Ref. To: 'G
Rif. Date_AUG 1 7 2020
Hawaii County is an Equal Opportunity Employer and Provider
Form #: B-52
7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: Finance
STAFF CONTACT: Hamana Ventura
DATE: Julv 31, 2020
PHONE: 961-8009
A. REQUEST:
Prepare County Council submittal authorizing the Finance Director to grant an easement for utility purposes
to Hawaii Electric Light Company, Inc. (HELCO).
B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED):
The County of Hawaii is the owner of Tax Map Keys (3) 4-2-005:001 and 005. HELCO was granted a
Revocable Right of Entry dated August 2, 2011 for the maintance of current utility pole lines. HELCO
currently request an easement from the County of Hawaii to continue with the maintance of the'utility poles
lines, in order to provide services to it's customers. Medusky and Co., Inc. apprised the parcel and
determined the current market value to be $26,300.00.
SIGNED:
Department Head
DATE:
1 1491
After Recordation, Return By: 0 Mail ❑ Pickup
Hawaii Electric Light Company, Inc.
Land Department, HHL-SL
P. O. Box 1027
Hilo, Hawai `i 96721-1027
This document contains 12 pages.
TITLE OF DOCUMENT: Land Doc No. H2O20-029
GRANT OF EASEMENT
PARTIES TO DOCUMENT:
GRANTOR: COUNTY OF HAWAII, a municipal corporation of the State of
Hawaii
GRANTEE: HAWAII ELECTRIC LIGHT COMPANY, INC:, a Hawaii
corporation
DESCRIPTION: Those certain premises situated at Koholalele,. District of Hamakua, Island
and County of Hawaii, State of Hawaii, affecting Lots 1-A and 1-B, being
a portion of Royal Patent 4527, Mahele Award 26-B to Kailakanoa, said
Easement E -1-A and E -1-B more particularly described in Exhibit A and
delineated in Exhibit B, attached hereto and by reference made a part
hereof.
Tax. Map Keys: (3) 4-2-005: 001 & 005
Location: Koholalele, District of ,Hdmdkua
GRANT OF EASEMENT
THIS INDENTURE, made this day of 120 , by and
between COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose
mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, (collectively, the "Grantor"), and
HAWAII ELECTRIC LIGHT COMPANY, INC., a Hawaii corporation, whose principal
place of business is 1200 Kilauea Avenue, Hilo, Hawaii and whose post office address is P.O.
Box 1027, Hilo, Hawaii 96721, (collectively, the "Grantee").
WITNESSETH THAT:
Now therefore, the Grantor, in consideration of the sum of TWENTY SIX
THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($26,300.00) paid to the Grantor,
the receipt of which is acknowledged, and of the covenants herein made by the Grantee, grants
and conveys unto the Grantee a perpetual right and easement to construct, reconstruct, operate;
maintain, repair and remove poles, guy wires, anchors, overhead and/or underground wire lines
and such other appliances and equipment as may be necessary for the transmission and distribution
of electricity and/or communication, including all service lines emanating from the main trunk
line, to be used for light and power and/or communications and control circuits, including, without
limiting the generality of the foregoing, the right (but not the obligation) to trim, keep trimmed,
remove, and control any trees and vegetation in the way of its lines, appliances and equipment and
a right of entry upon the Grantor's land and appurtenant interests, if any, for the aforesaid purposes,
over, under, upon, across and through those certain premises situated at Koholalele, District of
Hamakua, Island and County of Hawaii, State of Hawaii, affecting Lots 1-A and 1-B, being a
portion of Royal Patent 4527, Mahele Award 26-B to Kailakanoa, and designated Parcels 001 and
005 on Tax Map 4-2-605, Third Division, State of Hawaii; said Easement E -1-A and E -1-B being
within said Lots 1-A and 1-B, and more particularly described in Exhibit A and delineated in
Exhibit B. attached hereto and by reference made a part hereof.
TO HAVE AND TO HOLD the same unto the Grantee, forever.
RESERVING, HOWEVER, unto the Grantor, its respective successors, tenants,
transferees, licensees and assigns, the right to use any portions of the granted premises not
occupied by the lines, appliances and equipment of the Grantee, including rights of way over,
under and across the granted premises, provided, however that such reserved rights shall not be
exercised in any manner that will unreasonably interfere with the Grantee's use of the granted
premises, its lines, appliances and equipment, or Grantee's access to and maintenance of said lines,
appliances and equipment.
AND the Grantee hereby covenants and agrees that:
1. Due Care and Diligence. Each Grantee will use due care and diligence to
keep the lines, appliances and equipment owned by such Grantee in good and safe condition and
repair and will exercise its rights hereunder in a manner that will occasion only such interference
with the use of the land by the owners and occupants as is reasonably necessary.
H2O20-029.AK 2
2. Indemnification. Each Grantee will indemnify the Grantor, its tenants and
licensees occupying the land affected by this Grant of Easement, from any and all damages to the
property of the Grantor and such tenants and licensees caused by such Grantee's failure to maintain
its lines, appliances and equipment as provided in paragraph (1) above, and will indemnify and
hold harmless the Grantor, its tenants -and_ licensees__ against all claims, suits and actions by
whomsoever brought on account of injuries to or death of persons or damage to property caused
by such Grantee's failure to observe the covenants contained in paragraph (1) above.
IT IS UNDERSTOOD AND AGREED by and between the parties hereto that:
A. Condemnation. If at any time any portion of land across, through or within
which this easement passes shall be condemned or taken by any governmental authority, the
Grantee shall have the right to claim and recover from the condemning authority, but not from -the
Grantor, such compensation for the damages to the Grantee's easement and'right of way and the
appliances and equipment owned by, installed and used in connection with this Grant of Easement,
which shall be payable to the Grantee, to the extent of its interest.
B. Landscaping. The Grantor shall . install and maintain or cause to be
installed and maintained without expense to the Grantee any screening or landscaping of the
Grantee's facilities which may now or hereafter be required by law or regulation or governmental
agency and will indemnify the Grantee from all loss and liability arising from the breach of this
covenant.
C. .Warranty of Title. The Grantors, for themselves, their heirs and assigns,
covenant with the Grantee, their successors and assigns, that the Grantor are seised in fee simple
of the property in which the easement is granted and have good right to grant the same; that the
Grantees shall enjoy the easement without hindrance and free from all encumbrances; and that the
Grantors will warrant and defend the Grantees against the lawful claims and demands of all persons
claiming the whole or any part of the said land.
D. Definitions. All defined terms (words such as -Grantor, Grantee, etc.) and
pronouns used in the singular shall mean and include the plural and include the masculine,
feminine or neuter gender, as the context of this grant shall require. The term "person" shall mean
an individual, partnership, association, trust, corporation or other entity as the context may require.
E. Parties in Interest. The covenants contained in this Grant of Easement
shall inure to the benefit of, and be binding upon, the parties and their heirs, personal
representatives, beneficiaries, successors and assigns. Each of the parties which constitute the
Grantee covenants, and shall be responsible and obligated, for itself and not for the other Grantee
party.
F. Counterparts. The parties agree that this instrument may be executed in
counterparts, each of which shall be deemed an original, and the counterparts shall together
constitute one and the same instrument, binding all parties notwithstanding that all of the parties
are not signatory to the same counterparts. For all purposes, including, without limitation,
recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged
pages of the counterparts may be discarded and the remaining pages assembled as one document.
H2020-029.AK
The parties agree that the person or company recording or arranging for the recordation of this
instrument is authorized to complete any blanks contained in this instrument with the applicable
number of pages, dates, and recordation information, whether before or after this instrument has
been notarized by a notary public, and in no event shall completion of any such blanks be deemed
an alteration of this instrument by means of the insertion of new content.
[Signatures begin on the following page]
[Remainder of page intentionally left blank]
H2O20-029.AK 4
IN WITNESS WHEREOF the undersigned have executed this instrument as of the
day and year first above mentioned.
COUNTY OF HAWAII
By
RECOMMEND APPROVAL:
Deanna S. Sako
Finance Director
Date:
APPROVED AS TO
FORM AND LEGALITY:
Deputy Corporation Counsel
County of Hawaii
Date:
H2O20-029.AK 5
Harry .Kim
Mayor
Grantor
STATE OF HAWAII
COUNTY OF HAWAII
)
SS.
On this day of , 20 , before me personally appeared
HARRY KIM, to me personally known, who, being by me duly sworn, did say that he is the Mayor
of the County- of Hawaii, a municipal corporation of the State of Hawaii, that the foregoing
instrument was signed on behalf of the County of Hawaii by authority given to said Mayor of the
County of Hawaii by Sections 5-1.3 and 13-13 of the County Charter, County of Hawaii (2016), .
as amended, and said HARRY KIM acknowledged said instrument to be the free act and deed of
said County of Hawaii.
Signature
Print or Type Name
Notary Public, Third Circuit, State of Hawai `i
My commission expires:
NOTARY CERTIFICATION
Doc.
Date:
Notary
Name:
Doc:
Description: Grant of Easement between
County of Hawaii and Hawaii Electric Light
Company, Inc.
Notary Signature Date
H2O20-029.AK
0
No. of Pages:
12
Third Circuit
APPROVED
Land Division
By
HAWAII ELECTRIC LIGHT COMPANY, INC.,
a Hawaii corporation
By
Name: KEVIN WALTJEN
Title: Assistant Secretary
Grantee
STATE OF HAWAII )
ss.
COUNTY OF HAWAII )
On this day of , 20 _ , before me appeared KEVIN
WALTJEN, to me personally known, who, being by me duly sworn, did say that he is the
Assistant Secretary, of HAWAII ELECTRIC LIGHT COMPANY, INC., a Hawaii
corporation, and that said 7 -page instrument entitled GRANT OF EASEMENT, dated
was signed on behalf of said corporation by authority of its Board of
Directors, and said Officer acknowledged said instrument to be the ,free act and deed of, said
corporation. This acknowledgement is, deemed to include my Notary Certification.
Notary Signature
Type or print name:
Notary Public, Third Circuit, State of Hawaii
My commission expires:
[Affix Seal]
H2O20-029.AK 7