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Home My WebLink AboutRES 141 Draft 03 2004-2006 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 141 05 (Draft 3) RESOLUTION AUTHORIZING A GRANT OF EASEMENT FOR SERVICE EXTENSION AT PEPE'EKEO AND MAKAHANALOA, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAII, TO HAWAII ELECTRIC LIGHT COMPANY, INC. AND HAWAIIAN TELCOM, INC. (FORMERLY VERIZON HAWAII INC.). WHEREAS, the County of Hawaii is the owner of Tax Map Key: (3)2-8-007:075, the site of the Kula'imano Wastewater Treatment Facility, situate at Pepe'ekeo, in the District of South Hilo, County and State of Hawaii; and WHEREAS, Hawaii Electric Light Company, Inc. and Hawaiian Telcom, Inc. are requesting a perpetual easement for utility purposes from the County of Hawaii, more particularly described in the attached Grant of Easement (Exhibit "1"), to provide service to the adjoining property, Tax Map Key: (3)2-8-008:096, owned by Lennie L.T. Okano; and WHEREAS, to comply with the request of the adjoining property owner and to reduce facilities in the area, Hawaii Electric Light Company, Inc. and Hawaiian Telcom, Inc. are proposing to extend service off an existing extension within the County's treatment plant lot, which will necessitate aerial crossing over the County property due to the configuration of the lots and the location of existing poles; and WHEREAS, Section 2-111 of the Hawaii County Code authorizes the Council, by resolution approved by a majority, to direct the administration to grant easements from the County of Hawaii, subject, however, to reversion to the County of Hawaii upon termination or abandonment of the easement for the specific purpose 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 administration to grant a perpetual easement for utility purposes to Hawaii Electric Light Company, Inc. and Hawaiian Telcom, Inc., its successors and assigns, as described in Exhibit "1" attached hereto, until termination or abandonment of that specific purpose. BE IT PURTH'ER RESOLVED that a copy of this resolution be forwarded to: (1) Mayor Harry Kim; (2) the Department of Public Works; (3) Assistant Corporation Counsel Gerald Takase; (4) Wayne A. Nakamura, Land Agent, Hawaii Electric Light Company, Inc., R.O. 03ox 1027, Hilo, Hawaii 96721-1027; and (5) Hawaiian Telcom, Inc., 1177 Sishop Street, ~'.O. E~ox 2200, Honolulu, Hawaii 96841. Dated at xilo ,Hawaii, this 17th day of August , 2005. INTRODUCED 13Y: COUNCIL MEMSLI~, OUNTY 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 RIGA x the vote indicated to the right hereof adopted by the HOFFMANN X COUNCIL of the County of Hawaii on ,~,~~„Gt ~7, 2005. HOLSCHUH X ATTEST: IKEDA X ISBELL X JAGOBSON X PILAGO X SAFAR I K 8 0 1 0 /~j ~ ~ ~,C,W'(/) Reference C-373.2 / PWIRC-16 COUNTY CLERK CHAIRMAN ~ PRESIDING rFICER RESOLUTION NO. ~ (Draft 3 ) S LAND COURT REGULAR SYSTEM Return by: Mail ()Pickup (4) To: Hawauan Telcom, Inc. P. O. Box 2200 Honolulu, Hawaii 96841 (808) 840-5830 This Document Contains Pages Affects Tax Map Key: Third Division, 2-8-007:075 Doc. No. H2O05-039 GRANT OF EASEMENT THIS INDENTURE made this day of 2005, by and between COUNTY OF HAWAq a municipal corporation of the State of Hawaii, whose principal place of business is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called 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 96721-1027, and HAWAHAN TELCOM, INC. (formerly known as Verizon Hawaii Inc., formerly known as GTE Hawaiian Telephone Company Incorporated), also a Hawaii corporation, whose principal place of business is 1177 Bishop Street, Honolulu, Hawaii, and whose post office address is P. O. Box 2200, Honolulu, Hawaii 9684], hereinafter called the "GRANTEES". WITNESSETH: That the Grantor, in consideration of the sum of One Dollar ($I.00) to it paid by the Grantees, the receipt of which is acknowledged, does hereby grant and convey unto the Grantees, their respective successors and assigns, a perpetual right and easement to construct, reconstruct, repair, maintain and operate pole and wire lines and/or underground lines and to use such appliances and equipment as may be necessary for the transmission and distribution of electricity EXEIIBIT 1 for light and power and/or communications and control circuits, including the right to trim and keep trimmed any tree or trees in the way of their appliances and equipment, and including also the right of entry upon the premises for the construction, maintenance, repair and operation of the pole and wire lines and equipment and/or underground lines, in order to keep them in efficient use and condition, over, under, upon, across and through those certain premise situate in Pepeekeo and Makahanaloa, District of South Hilo, County and State of Hawaii, being Lot STP, portions of Land Commission 8559-B, Apanas 17 and 18, designated pazcel 75 on Tax Map 2-8-007, Third Division, State of Hawaii. Said easement, designated "Easement E-1", being within said Lot STP, all as more particularly described in Exhibit A and shown in red on Exhibit B, attached hereto and by reference made parts hereof. TO HAVE AND TO HOLD the same unto the Grantees, their respective successors and assigns, for as long as needed. AND THE GRANTEES do hereby covenant and agree each for itself and not for the other that: (1) They will use due care and diligence to keep the lines and appurtenances in good and safe condition and repair and will exercise their rights hereunder in a manner that will occasion only such interference with the use of the premises by the owners and occupants as is reasonably necessary; and (2) Each of the Grantees agrees to indemnify the Grantor for any and all damages to its property caused by each Grantee's own failure to properly maintain and operate said lines and appurtenances as provided in pazagraph (1) above, and will indemnify and hold harmless the Grantor against all claims, suits and actions by whomsoever brought on account of injuries to persons or property caused by each Grantee's own failure to observe the covenants contained in pazagraph (1) above. IT IS HEREBY MUTUALLY UNDERSTOOD AND AGREED by and between the parties hereto that: This easement shall cease and expire without any action upon the part of the Gantor in the event of nonuse, abandonment, or termination, and said grant will terminate and revert back to Grantor. -2- IN WITNESS WHEREOF, the parties hereto have duly executed this instrument the day and year first above written. RECOMMEND APPROVAL: COUNTY OF HAWAII By: Its Mayor GRANTOR APPROVED AS TO FORM AND LEGALITY HAWAII ELECTRIC LIGHT COMPANY, INC. By: gy Its: Its: Dated: By Its: HAWAIIAN TELCOM, INC. By: Its: GRANTEES -3- STATE OF HAWAII ) SS. County of Hawaii ) On this day of 2005, before me personally appeared 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 the 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 acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary Public, State of Hawaii Type/Print Name My commission expires: -4- STATE OF HAWAII ) SS County of Hawaii ) On this day of 2005, before me appeazed Rhea Nak~a and Carolyn Lum-Bellem to me personally known, who, being by me duly sworn, did say that they aze the Assistant Secretary and Assistant Treasurer of the HAWAII ELECTRIC LIGHT COMPANY, INC., a Hawaii corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Boazd of Directors, and said Rhea Nak~a and Cazolyn Lum-Bellem severally acknowledged said instrument to be the free act and deed for said corporation. Wayne A. Nakamura Notary Public, State of Hawaii Type/Ptint Name My commission expires: July 5, 2006 STATE OF HAWAII ) SS City and County of Honolulu ) On this day of 2005, before me appeazed to me personally known, who, being by me duly sworn, did say that helshe is the of HAWAIIAN TELCOM, INC., a Hawaii corporation, that said instrument was signed in behalf of said corporation by authority of its Board of Directors, and said acknowledged said instrument to be the free act and deed for said corporation. Notary Public, State of Hawaii TypelPrin[ Name My commission expires: -5- EASEMENT E-1 For Utility Purposes affecting Tax Map Key Parcel 2-8-007:075 (Hawaii), in favor of Hawaii Electric Light Company, Inc. and Hawaiian Telecom, Inc. Land situated in Lot "STP" of Pepeekeo Point Subdivision, at Pepeekeo and Makahanaloa, South Hilo, Island of Hawaii, Hawaii Being a portion of Royal Patent 7192, Land Commission Award 8559-8, Apana 17 and 18 to Wm. C. Lunalilo County of Hawaii -Owner Beginning at a'/:" pipe (found) at the northwesterly corner of this easement, also being the northwesterly corner of Lot "STP" (Kulaimano Wastewater Treatment Facility) of Pepeekeo Point Subdivision (Subdiv. Map No. 7644-Revised (2)); the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 872.87 feet South and 4733.60 feet West, thence running by azimuths measured clockwise from True South: 1. 254° 10' 00" 21.29 feet along the northerly boundary of Lot "STP"; 2. 342° 01' 17" 250.51 feet along the remainder of Lot "STP"; 3. 335° 41' 41" 96.87 feet along the remainder of Lot "STP"; 4. 325° 32' 06" 74.73 feet along the remainder of Lot "STP"; 5. 337° 37' 58" 28.73 feet along the remainder of Lot "STP"; 6. 67° 49' 00" 22.36 feet along the southerly boundary of Lot "STP"; 7. 157° 49' 00" 12.00 feet along the westerly boundary of Lot "STP" to a'/~" pipe (found); 8. 157° 49' 00" 438.74 feet continuing along the westerly boundary of Lot "STP" to the point of beginning and containing an AREA OF 5,145 SQUARE FEET, more or less. EXHIBIT "A" HAWAII ELECTRIC LIGHT COMPANY, INC ~ Page 1 of 2 P.O. eox 1027 (54 HALEKAUILA ST.) HILO, HAWAII 96727-1027 ENGINEERING DEPARTMENT HAWAII ELECTRIC LIGHT COMPANY, INC. PreREw~9 LICENSED CD Description Prepared By: < PROFESSIONAL y m LAND m SURVEYOR ~ ~Q~2 ~~R~ J * eii i No, 10749 * n y9h'Afl U 5 P' Barbara Brewer Cooper Licensed Professional Land Surveyor State of Hawaii Certificate No. LS - 10749 (License Expires 4/30/06) June 16, 2005 TMK: (3) 2-8-007:075 EXHIBIT "A" HAWAII ELECTRIC LIGHT COMPANY, INC Page 2 of 2 P.o. fiox Iov (54 HALEKAUILA srJ HILO, HAWAII 96721-1027 HELCO Overhecd Service Line Founa '~z" Pipe TMK~ 2-8-008 096 Lot 84 ~ P. 0. B. S 872. 87 S p 4733.60 W g42~0 'ALALA' ~ ` 2 4. 10 Las \ ~ Lot "STP" County of Hawci i ` P-4 Kulaimono Wastewater Treatment Facility u q5 ~~~9 (TMK• 2-8-007. 075) z N ~ s o '~z" pipes N f EASEMENT E-1 a Area: 5,145 sq. ft. 4r ,a_ ~ 1 ll > > o ~ ~ rn 0 o n , j ` ' ~ ~ ~J ~s \ P~~~ ~ j 6l`AgpO Z ~ ~ ~ ~ ~ I / X60 o ~_aTTa.7a _ Lot a7 ~ ~ a ~ ~ ` ~JP 265 ~ \ f 3 \ 19 ~ G p-T 6~. 3~•5a, ' 'S3a l3 , P-1 Pol• Number s ~ papa 1 j 3 ® Power Pol• A 'ice ~~q ~0 ~0" P-5 `j ~ Note: f o f i 1g• 1435 ~ ~ Easement E-1 Is for ~ ~ , `g~• 5~~q1• ~ Utility Purposes E ~ affectlnp tax portal ~ ~ i 2-8-7:T6 and Is In ~ ~ P-4 Azimrthe arW coar0tnotse ers reterreE to Favor of HELCO and Gwerrnent Survey Trlmgulotlm StaTion 'ALALA'. Hawci Ion Telcan. Inc. QP~aEWF9c PLAN SHOWING EASEMENT E-1 mQ' LICENSED 0 } PRO L ND NAL m f o r U l I ~ I t y Purpose s m SURVEYOR ~ * No. Tows * Being a portion of R. P. 7192 y~k'AU, u y P L.C. Aw. 8559-B, Apanas 17 and 18 TT~e ~ was ~ ~ p ~ Pepeekeo and Makahanaloa, ~ ~,~L 4.30_ ob South Hilo, Island of Hawaii, Hawaii SlgnaNre Fxgratian Oate of the ucenae Scale: finch = 100 feet TAX ~ KEY: (3)2-8-007:075 EXHIBIT "B" ~ ~u Biz e.xZ°U6