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RES 279 Draft 01 2004-2006
M .4N 'A4:;.~ .W~4~KV of ry~ata COUNTY OF HAWAII ~ ~ a STATE OF HAWAII , ~ aA~;~ RESOLUTION NO. ~ RESOLUTION AUTHORIZING THE GRANTING OF AN EASEMENT FOR UTILITY PURPOSES OVER A PORTION OF LOT 2 (KULA`IMANO HEIGHTS, UNIT VIII, INCREMENT 2), BEING TAX MAP KEY: (3)2-8-007:073, SITUATE AT KUMULA STREET, PEPE`EKEO, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAII, TO HAWAIIAN TELCOM, INC. WHEREAS, the County of Hawaii is the owner of Tax Map Key: (3)2-8-007:073 and utilizes said property for the Kula`imano Elderly Housing; and WHEREAS, Hawaiian Telcom, Inc., requests an easement for utility purposes on and across a portion of Lot 2, Kula`imano Heights, Unit VIII, Increment 2, identified as Tax Map Key: (3)2-8-007:073, situate at Kumula S[reet, Pepe`ekeo, District of South Hilo, County and State of Hawaii, more particularly described in Exhibits "1"and " 2," and delineated on Exhibits " 3" and "4" attached hereto; and WHEREAS, the easement sought consists of 600 square feet for a concrete slab and multiple above-ground metal cabinets to house telecommunications equipment (Easement "A"); and 308 square feet to provide access and transition of an aerial cable from the roadway (Easement "B"); and WHEREAS, the Office of Housing and Community Development, Department of Water Supply, Department of Planning, and Department of Finance have no objections to the granting of this utility easement; and WHEREAS, an appraisal was done of the property in January 2006, which established a fair market value of $1,500.00; and WHEREAS, Section 2-1 11 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; and WHEREAS, this easement is related solely to the purpose of expanding Hawaiian Telcom's digital subscriber line (DSL) service in the area, it does not lend itself to public auction, and therefore creates a substantial reason for not utilizing a public auction. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Section 2-1 11 of the Hawaii County Code, that it hereby authorizes the administration to grant a perpetual easement for utility purposes to Hawaiian Telcom, Inc., its successors and assigns, as described in Exhibits "1"through "4" attached hereto, subject to reversion upon termination or abandonment of that specific purpose. BE IT FURTHER RESOLVED that the Council finds substantial reasons to dispose of the property without public auction as set forth in Section 2-1 12 of the Hawaii County Cade, and waives the public auction requirement. BE [T ALSO RESOLVED THAT copies of this Resolution shall be transmitted to: (1) Mayor Harry Kim; (2) Office of Housing and Community Development; (3) Director of Finance; (4) Deputy Corporation Counsel Craig T. Masuda; and (5) Hawaiian Telcom, Inc., c/o Sandy Padaken, 155 Anela Street, Hilo, Hawaii 96720. Dated at xilo ,Hawaii, this 5th day of April , 2006. INTRODUCED BY: COUNCIL MEMBER, COUNTY 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 RIGA X vote indicated to the right hereof adouted by the COUNCIL of HOFFMANN X the County of Hawaii on -April 5 , 200 6 HOLSCHUH X ~ IKEDA X _ ATTEST: [SBELL X ~ JACOBSON X 1 PILAGO X SAFARIK X • 8 0 1 0 Reference C-739/PWIRC- 39 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ ~ Easement A (for Equipment Site Purposes) Being a portion of Lot 2 of Kulaimano Heights, Unit VIII, Increment 2. Situate at Pepeekeo, South Hilo, Island of Hawaii, Hawaii. Beginning at the Southeast corner of this easement, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 7.86 feet South and 1,530.06 feet East and running by azimuths measured clockwise from true South: 1. 93° 56' 30.00 feet along the remainder of Lot 2 of Kulaimano Heights, Unit VIII, Increment 2; 2. 183° 56' 20.00 feet along same; 3. 273° 56' 30.00 feet along same; 4. 3° 56' 20.00 feet along same to the point of beginning and containing an area of 600 square feet. 3 LICENSED $ PROFESSIONAL. - LAND ~ {Y SURVEYOR No. 3499 yq~~aa.~s°'. Wilfre Y.K. in September 12, 2005 Licensed Professional Land Surveyor Honolulu, Hawaii Certificate Number 3499 License Expires 4/06 WC\00003-11 EasementA ControlPOlnt Surveying, Inc. 1150 South King Street, Suite 102 EXHIBIT "1" Honolulu. Hawaii 96814 Easement B (for Aerial Cable Purposes) Being a portion of Lot 2 of Kulaimano Heights, Unit VIII, Increment 2. Situate at Pepeekeo and Makahanaloa, South Hilo, Island of Hawaii, Hawaii. Beginning at the Southeast corner of this easement and on the West side of Kumula Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 1.35 feet South and 1,559.50 feet East and running by azimuths measured clockwise from true South: 1. 107° 23' 30.85 feet along the remainder of Lot 2 of Kulaimano Heights, Unit VIII, Increment 2; 2. 183° 56' 10.28 feet along same; 3. 287° 23' 30.85 feet along same; 4. 3° 56' 10.28 feet along the West side of Kumula Street to the point of beginning and containing an area of 308 square feet. aFp Y•K• c y~2 UG£NSEt) ~IOFESSIORAL tAN6 ~ ~ SURI"'fOn r~.:~sa yq~Al0.v5?. Wilfr Y.K. Chin September 12, 2005 Licensed Professional Land Surveyor Honolulu, Hawaii Certificate Number 3499 License Expires 4/06 wc~n5oos-t i easement B ControlPoint Surveying, Inc. 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