HomeMy WebLinkAboutRES 225 Draft 01 2000-2002 COUNTY Off` ~I~~~IsI Tr-~T~ OF ~l[~.~IAI`I
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RESOLUTION AUTHORIZING A GRANT OF EASEMENT FOR WATERLINE AND
UTILITY PURPOSES AT PU`UKALA ANp KAULANA, DISTRICT OF NORTH KONG,
ISLAND, COUNTY AND STATE OF HAWAII, TO WB KUKIO RESORTS, LLC.
WHEREAS, the State of Hawaii, Department of Land and Natural Resources, on
July 24, 1992, granted WB Kukio Resorts, LLC, a temporary easement for waterline and utility
purposes over and across a "paper" homestead road located at the north boundary of Tax Map
Key:(3)7-2-006:017, owned by WB Kukio Resorts, LLC; and
WHEREAS, pursuant to an Attorney General opinion dated July 21, 1999, ownership and
jurisdiction over "paper" roads are with the county in which the highway lies; and
WHEREAS, WB Kukio Resorts, LLC is requesting a perpetual, nonexclusive easement
for waterline and utility purposes across the "paper" homestead road (approximately 403 square
feet, or .009 acre), from the County of Hawaii, more particularly described in the attached Grant
of Easement (Exhibit "A"), to operate its existing waterline and utility system previously granted
by the State of Hawaii, Department of Land and Natural Resources; and
WHEREAS, the State Board of Land and Natural Resources, in its approval of a grant of
perpetual, nonexclusive easement and issuance of construction right-of--entry to WB Kukio
Resorts, LLC for waterline, utility, service access and maintenance purposes, required that WB
Kukio Resorts, LLC provide, among other things, non-potable irrigation water, which would be
provided at no charge, and potentially potable water for which there would be a charge, to the
County of Hawai`i's West Hawaii Veteran's Memorial Cemetery, identified as Tax Map
Key:(3)7-2-004:021; and
WHEREAS, the easement requested over the homestead road is an integral part of the
WB Kukio Resorts, LLC water system that will provide the irrigation water to the County of
Hawai`i's West Hawaii Veteran's Cemetery; and
WHEREAS, an appraisal was done of the State-owned portion of this waterline and
utility easement adjacent to this portion of the homestead road in 2001 which established values
between $1,900 per acre up to $11,900 per acre; and
WHEREAS, the required easement is approximately 403 square feet or .009 acre, and if
appraised at its highest valuation, the value of the easement is $107.10 ($11,900.00/acre x
.009 acre = $107.10); and
WHEREAS, Section 2-111 of the Hawaii County Code authorizes the Council, by
resolution approved by a majority, to direct the finance director to grant easements from the
County of Hawaii, subject, however, to reversion to the County of Hawaii upon termination or
abandonment of the easements for the specific purposes for which it was granted.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL, OF THE COUNTY OF
HAWAII, in accordance with Section 2-111 of the Hawaii County Code, that it hereby
authorizes the director of finance to grant a perpetual nonexclusive easement for waterline and
utility purposes to WB Kukio Resorts, LLC, its successors and assigns, as described in
Exhibit "A" attached hereto, for the sum of $107.10, until termination or abandonment of that
specific purpose, with the condition that the Grantee, WB Kukio Resorts, LLC, shall provide
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non-potable water service free of charge to the County of Hawai`i's West Hawaii Veteran's
Cemetery until that water service is no longer needed.
DATED: Hilo , Hawai`i, July 31. 2002
INT'ODU F l B :
v 1
CO riti MEMBER, tOUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii AYES NOES ABS EX
ARAKAKI X
I hereby certify that the foregoing RESOLUTION was by the CHUNG X
vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X
the County of Hawai`i on July 31. 2002 • JACOBSON X
ATTEST: LEITHEAD-TODD X
PISICCHIO X
SAFARIK X
TYLER X
r i YAGONG X
9 0 0 0
Reference C-6 8 5 /waived-PWIRC
2
COUNTY CLERK CHAIRMAN&PRESIDING OFFICER RESOLUTION NO. M fr
LAND COURT SYSTEM REGULAR SYSTEM
Return by Mail (XX) Pickup ( ) To:
Office of the Corporation Counsel (GT)
County of Hawaii
101 Aupuni Street, Suite 325
Hilo, Hawaii 96720
s:\dept\dpwUcukio resorts\grant easement\6-02\GTde.wpd Tax Map Key:(3)7-2-006:017 (por.)
GRANT OF EASEMENT
THIS GRANT OF EASEMENT, made and entered into this day of ,
2002, by and between the COUNTY OF HAWAII, a municipal corporation of the State of
I€awai`i, whose principal place of business and mailing address is 25 Aupuni Street, Hilo,
Hawaii 96720, hereinafter referred to as the "Grantor," and WB KUKIO RESORTS, LLC, a
Delaware corporation, whose mailing address is P.O. $ox 5380, Kailua-Kona, Hawaii
96745-5349, hereinafter referred to as the "Grantee."
WITNESSETH:
The Grantor, for and in consideration of the sum of ONE HUN]~RED SEVEN AND
10/100 DOLLARS ($107.10), the receipt of which is hereby acknowledged, and of the terms,
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~IIBIT "A"
- ~ ~ ,
1
1, r-. r..
conditions, and covenants herein contained, and on the part of the Grantee to be observed and
performed, does hereby grant unto the Grantee, the following perpetual, nonexclusive easement
rights:
Waterline and utility easement at Pu`ukala and Kaulana, District of
North Kona, Island, County and State of Hawaii.
in, over, under and across that certain "paper" homestead road situate at Pu`ukala and Kaulana,
District of North Kona, Island, County and State of Hawaii, containing an area of 4~J3 square
feet, delineated on Exhibits A-1 and A-2 and described in Exhibit A-3, all of which are attached
hereto and made parts hereof.
TOGETHER WITH the rights of ingress and egress to and from the easement area for all
purposes in connection with the rights hereby granted.
TO HAVE AND TO HOLD the easement rights unto the Grantee, its successors and
assigns, in perpetuity, SUBJECT, HOWEVER, to the following terms, conditions and covenants:
1. The Grantee shall at all times with respect to the easement area use due care for
public safety and agrees to defend, hold harmless, and indemnify the Grantor, its officers, agents,
and employees or any person acting for and on its behalf, from and against all claims or demands
for damage, including claims for property damage, personal injury, or death, arising on, about or
in connection. with the exercise of the rights and privileges herein granted, caused directly or
proximately by any failure on the part of the Grantee to use due care in accordance `with the terms
~:xid conditions of this grant, or arising out of or caused by any act or omission of the Grantee.
2. The Grantor reserves unto itself, its successors and assigns, the full use and
enjoyment of the easement area and to grant to others rights and privileges for any and all
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_
:purposes affecting the easement area, provided, however, that the rights herein reserved shall not
be exercised by the Grantor in a manner which interferes unreasonably with the Grantee in the
.use of the easement area for the purposes for which this easement is granted. -
3. All improvements placed in or upon the easement area by the Grantee shall be .
done without cost or expense to the Grantor and shall remain the property of the Grantee and
maybe removed or otherwise disposed of by the Grantee at any time; provided, that the removal
shall be accomplished with minimum disturbance to the easement area which shall be restored to.
its original condition, or as close thereto as possible, within a reasonable time after removal.
4. Upon completion of any work performed in or upon the easement area, the
Grantee shall remove therefrom all equipment and unused or surplus materials, if any, and shall
Leave the easement area in a clean and sanitary condition satisfactory to the Grantor.
5. This easement or any rights granted herein shall not be sold, assigned, conveyed,
a
leased, mortgaged, or otherwise transferred or disposed of, directly or by operation of law, except
with the prior written consent of the Grantor.
6. The Grantee shall ketip the easement area and the improvements thereon- in-a safe,
clean, sanitary, and orderly condition, and shall not make, permit or suffer, any waste; strip, spoil,
:nuisance or unlawful, improper, or offensive use of the easement area.
7. Should future development necessitate relocation of the easement granted herein,
or any portion thereof, the relocation shall be accomplished at the Grantee's own cost and
expense; provided, however, that if other lands of the Grantor are available, tine Grantor will
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giant to the Grantee without payment of any monetary consideration, a substitute easement of
similar width within the reasonable vicinity of the original alignment, which substitute easement
shall be subject to the same terms and conditions as that herein granted and as required by law.
8. The Grantee covenants, for itself, its successors and assigns, that the use and
enjoyment of the land herein granted shall not be in support of any policy which discriminates
against anyone based upon race, creed, sex, color, national origin, or a physical handicap.
9. The Grantee, in the exercise of the rights granted herein, shall comply with all of
the requirements of the federal, state, and county authorities and shall observe all county
:ordinances and state and federal statutes, rules and regulations, now in force or which may
hereinafter be in force.
10. These easement rights shall cease and determine, without any action on the part of
the Grantor, in the event of nonuse or abandonment by the Grantee of the easement area, or any
portion thereof, for a period of one year.
11. Upon termination of the use, the-easement area shall be restored to its original
state, or as close tr~ereto as possible, within a reasonable time and at the expense of the Grantee.
12. Special Conditions. The Grantee is required.to provide.-non-potable irrigation
-water at no charge, and potentially potable water for which there would be a charge, to the West
~awai`i Veteran's Memorial Cemetery, identified as Tax Map Key:(3)7-2-00:021, until that
-water service in no longer needed.
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IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
-as of the day and year first above written.
COUNTY OF HAWAII
By
HARRY KIM
Its Mayor
Grantor
WB KUKIO RESORTS, LLC
By
Its
By
Its
Grantee
APPROVED AS TO FORM
AND LEGALITY:
GERALD TAKASE
Assistant Corporation Counsel
Grant of ~aseynent
County of Hawai i/WB Kukio Resorts, LLC
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STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of , 2002, 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 seal affixed to the foregoing instrument is the corporate seal of said
County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the
County of Hawaii by authority given to said Mayor of the County of Hawaii by
..Section 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said
~-IARRY KIM acknowledged said instrument to be the free act and deed of said County
of Hawaii.
Signature "
Print or type name
Notary Public, State of Hawaii
My Commission Expires:
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STATE OF HAWAII )
SS.
On this day of , 2002, before me personally
:.appeared , to me known, who, being by me duly
:sworn, did say that he is the , of WB KUKIO RESORTS,
~,LC, a limited liability company, and that said instrument was signed in the name of and on
:behalf of said limited liability company, and
:acknowledged that he executed the same as his free act and deed and as the free act and deed of
::said limited liability company.
Signature
Print or Type Name
Notary Public, State of Hawaii
My Commission Expires:
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DESIGNATION OF EASEMENT 2
9~°h/ ~ ~
y ~ OVER AND ACROSS THE GOVERNMENT HOMESTEAD f'OAD
EASE~sENr 2, ~'~qF"'',S / CESS PURPOSES
yq~~,o ~ FOR UrILITY AND AC
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l~ ~ - AT KAULANA, NORTH KONG, ISLAND OF NAINAII, HAWAII
T
pUU~`~~I~yO~f a~ SCALE: 1 Mch = 600 feef
lOJ kq(//~ < 6~ j®w 1 GOV itNMEN~' r
\C8~ sf Nq HO,~F ~so2 HOM~StEAO ~f APRIL 30, 2002
~`~/f ~SJAJ£ ~F ~J£.QD ~ ~ Z
S,~AOJ P7l 8'44'11" • .
EASEMENT t! ~O~Y,yF~,JAWq/~ / ~ ^ e~g~ ~ 22.86
' ^I 4 T ~°4 D
f POt7TID~i Of t;R~NT 393 TO 9:'~"2;t'pZ
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KAWAIHOOLANA KlPAEONA R=1948
86
Fh work was ne
! ~ ~o o under my pe is ~
~L--...._.-------~ q LCCENSED
PROFESSEONAL
PORTION OT GRANT 1f11 TO NOOPULAAU ~ LAND SURVEYOR -
No 9141-5 DENNIS HAROTA
Licensed Professional
y.' Land Surveyor EASEMENT 2 403 Sq.Ft.
~Q ~j• Certificate No. 9141-S
All azimuths and record coordinates, refers to ~AII~ fN FAVOR OF THE OWNER OF GRANT 2121 TO PUPULE
Government Survey lrinnqulafion Stntion 'MOANUlAHF_A'
~fMK: 3rd Div. 7-2-05:06 A-~ 17" x 11 " = 1.3 Sq. ff.
EASEIVIE,NT 2
Over and Across the Government Homestead Road.
Being portion of the Government Land of Kaulana.
At Kaulana, North Kona, Island of Hawaii, Hawaii.
Beginning at the Southwest corner of this easement, the Northwest corner of Easement 1 being the
Northwest corner of Lot 85 and the Northeast corner of Lot 84 of the Puukala and Kaulana Homestead, the
coord~roates of said point of beginning referred to Government Survey Triangulation Station
"i'VIOr~NI~IAHIlA" being 5,146.95 feet North and 8,778.45 feet V10est, thence running by azimuths measured
clock'dvise from `True South:
1. 199° 45' 20.16 feet along the remainder of the Government Homestead
Road;
2. 296° 52' 20.16 feet along Grant 1580 to Kaohimaunu;
3. 19° 45' 20.16 feet along the remainder of the Government Homestead
Road;
4. 116° 52° 20.16 feet along Easement 1 along Lot 85 of the Puukala and
Kaulana Homestead to the point of beginning and containing
an Area of 403 Square Feet.
uc~o
APR#~ 30, 2002 ~sto~~stsst,<~
SOI-$>#010950 ~ ~ ®ennis I. Hirota, LPLS
TIV9K: 3rd ®iv. 7-2-06:17 Licensed Professional Land Surveyor
p~p9,, ~ Certificate-No. 9141-5
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n:chany~surv::terruldescriplwbkuklo\091010950-Easemenl2.pub SANI O. ii1RO"TA, 8P&C. Pam 1 a ~
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884 South Ber~~nia &treet
Nonoiuiu. Hawaii 98813
Phone: (808) 537-8979 Fax: (808) 524393