HomeMy WebLinkAboutRES 062 Draft 01 2022-2024RESOLUTION AUTHORIZING GRANT OF A 65-YEAR TERM EASEMENT FOR UTILITY PURPOSES TO HAWAIʻl ELECTRIC LIGHT COMPANY, INC. AND HAWAIIAN TELCOM, INC., OVER TAX MAP KEY: (3) 3-9-001:034(por.)
AND (3) 3-9-001:042(por.) LOCATED AT OʻOKALA, DISTRICT OF NORTH HILO, COUNTY AND STATE OF HAWAIʻI
WHEREAS, the County of Hawaiʻi (“County”) owns Tax Map Key: (3) 3-9-001:034 and (3) 3-9-001:042; and
WHEREAS, HAWAIʻI ELECTRIC LIGHT COMPANY, INC. (“HELCO”) and HAWAIIAN TELCOM, INC. (“HTI”) has a Revocable Right of Entry Agreement with the County of Hawaiʻi dated June 30, 2021, over
and across these areas designated as Easement U-2 and Easement U-3; and
WHEREAS, Easements U-2 and U-3 are for existing Transmission Power Line, Power Poles and Guy Anchors providing electrical and telecommunication services to the community of Oʻokala,
North Hilo, County and State of Hawaiʻi; and
WHEREAS, HELCO and HTI now seek to increase its interest from a Revocable Right of Entry to a Grant of Easement and has offered to pay ONE THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS ($1,700.00)
for rights of easement for Easement U-2 and FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) for rights of easement for Easement U-3; and
WHEREAS, an appraisal report commissioned by the County of Hawaiʻi, Department of Finance determined the easement market value to be ONE THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS ($1,700.00)
and FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00); and
WHEREAS, due to the configuration of the easement area it would be impractical for any other entity to utilize this limited area and therefore direct negotiation with HELCO and HTI for
this easement is authorized; and
WHEREAS, pursuant to sections 2-111(2) and 2-114, Hawaiʻi County Code, the Council is authorized to grant easements, subject to revert to the County of Hawaiʻi upon
termination or abandonment of the specific purpose without auction upon a finding of substantial purpose; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I, that the Finance Director is hereby authorized to grant Easement U-2 and Easement U-3 as described in Exhibit “A” and delineated
in Exhibit “B” attached hereto to HELCO and HTI, pursuant to sections 2-111(2) and 2-114, Hawaiʻi County Code, across parcel Tax Map Key: (3) 3-9-001:034 (por.) and (3) 3-9-001:042
(por.) and that such grant of easement is subject to reversion to the County of Hawaiʻi upon its termination or abandonment.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to: the Honorable Mayor Mitchell D. Roth; Deanna Sako, Director of Finance; Steven Pause, Director
of Public Works; HELCO, Land Department, P.O. Box 1027 Hilo, Hawaiʻi 96721; and HTI, Real Estate Portfolio, 1177 Bishop Street, Suite 50, Honolulu, Hawaiʻi 96813.
Dated at ____________, Hawai‘i, this ______ day of _______________, 2023.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
COUNTY COUNCIL
County of Hawai‘i
Hilo, Hawai‘i
ROLL CALL VOTE
AYES
NOES
ABS
EX
EVANS
GALIMBA
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai‘i on _____________________________________.
INABA
KAGIWADA
KĀNEALI‘I-KLEINFELDER
KIERKIEWICZ
ATTEST:
KIMBALL
LEE LOY
VILLEGAS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.