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Home My WebLink AboutRES 132 Draft 01 1996-1998 ..--.I .i . COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 132 97 RESOLUTION AUTHORIZING A GRANT OF EASEMENT TO HAWAI'I ELECTRIC LIGHT COMPANY, INC., AND GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED WHEREAS, Section 46-66, Hawai'i Revised Statutes, authorizes each County, subject to the approval of its Co~cil, to grant, sell, or otherwise dispose of any easement for any public utility purpose by negotiation without public auction; and WHEREAS, Chapter 2, Article 19, S2-111(a) (2), Hawai'i County Code, as amended, provides that the Council may, by resolution approved by a majority of its members, direct the finance director or chief engineer to grant an easement for particular purposes, subject, however, to reverter to the County upon termination or abandonment of the specific purpose for which it was granted, provided that any easement may be granted by direct negotiation and without recourse to public auction when the sale price of such easement is less than $1,000.00; and WHEREAS, the County owns land identi.fied by Tax Map Key: Third Division, 3-05-003:049, located in Papa'aloa, North Hilo, Hawai'i; and WHEREAS, Hawai'i Electric Light Company, Inc., and GTE Hawaiian Telephone Company Incorporated are desirous of obtaining perpetual easement rights over said County-owned lands for the purpose of installing overhead service lines and an anchor and any associated facilities and equipment for providing electrical and communication service; and WHEREAS, the County desires to give the necessary consent for a perpetual grant of easement to Hawai'i Electric Light Company, Inc., and GTE Hawaiian Telephone Company Incorporated on the terms and conditions set forth in the document which is attached as Exhibit "A." . .1 I I I I I . . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI'I, that in accordance with the provisions of 548-66, Hawai'i Revised Statutes, and Chapter 2, Article 19, 52-111(a) (2), Hawai'i County Code, as amended, the director of finance is authorized to grant an easement on County property to Hawai'i Electric Light Company, Inc., and GTE Hawaiian Telephone Company Incorporated for the purpose of installing overhead service lines and an anchor and any associated facilities and equipment for providing electrical and communication service on County-owned property, identified by Tax Map Key: Third Division, 3-05-003:049, located in Papa'aloa, North Hilo, Hawai'i, subject, however, to reverter to the County upon termination or abandonment of the specific purpose for which this easement is granted. BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Office of Housing and Community Development. Dated at Hilo, Hawai'i, this 6th day of August , 1997. COUNTY COUNCIL County of Hawaii Hilo, Hawaii ROLL CALL VOTE ~ COUNTY CLERK AYES NOES ADS EX ARAKAK1 X CHUNG X LEITHEAD-TODD X RAY X REYNOLDS X SANTANGELO X SMITH X TYLER X YAGONG X 9 0 0 0 I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCn.. of the County of Hawaii on August 6, 1997 ArrEST: Reference C - 409 CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 132 97 0705h.dkl . . '. LAND COURT Return by: Mail ( ) Pickup (.I) To: GTE HAWAIIAN TELEPHONE COMPANY P. o. Box 2200 Honolulu, Hawaii 96841 (808) 8314063 REGULAR SYSTEM This Document Contains Pages Affects Tax Map Key: Third Division, 3-05-003:049 Doc. No. H97-075 GRANT OF EASEl\tENT TInS INDENTURE made this day of , 19_, by and between COUNTY OF HAWAII, 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 UGHT 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 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 96841, hereinafter called the "GRANTEES", and PAPAALOA HOUSING, INC., a non-profit Hawaii corporation, whose mailing address is 50 Wailuku Drive, Hilo, Hawaii 96721, hereinafter called the "LESSEE". EXHIBIT "A" . . WIT N E"oS SET H : That the Grantor, in consideration of the sum of One Dollar ($1.00) 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 neces~ry for the transmission and distribution of electricity 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 premises situate at Kaiwilahilahi, District of North Hilo, Island, County and State of Hawaii, being Lot 1, a portion of Grant 2729 to Keoki, Kaanaana, Kauwiwi and J{~i~ibi, Tax Map Key (3) 3-5-03:049. Said easement being within said Lot 1, all as more particularly shown in red on Exhibit A, attached hereto and by reference made a part hereof. TO HA VE 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 goodwand 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 paragraph (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 paragraph (1) above. -2- . . . AND, Papaaloa Housing, Inc., the Lessee named in that certain lease dated January 5, 1987 and recorded at the Bureau of Conveyances of the State of Hawaii in Liber 20281 at Page 212, having leasehold interests in the lands herein described, in consideration of the sum of One Dollar ($1.00) to it paid by the Grantees, the receipt whereof is hereby acknowledged and of the covenants of the Grantees herein contained, does hereby consent to this grant of said rights of way insofar as they affect said lease and agrees that its leasehold interests under said lease shall be subject hereto. IT IS HEREBY MUTUALLY UNDERSTOOD AND AGREED by and between the parties hereto that: In the event the premises across which a right and easement is hereby granted, or any part thereof, shall be condemned or taken for any public project by any governmental authority, the Grantees shall have the right to claim and recover from the condemning authority but not from the Grantor such compensation as is payable for the easement and right of way and for the poles, wires, guys, conduits and other appliances and equipment used in connection with the lines, which shall be payable to the Grantees respectively. This instrument may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument, and in making proof of this instrument, it shall not be necessary to produce or account for more than one such counterpart. -3- . . IN WITNESS WHEREOF, the parties hereto have duly executed this instrument the day and year first above written. ". .... COUNTYOFHAWAll By STEPHEN K. YAMASHIRO Its Mayor GRANTOR HAW All ELECrRIC UGHT COMPANY, INC. By Its By Its GTE HAW AllAN TELEPHONE COMPANY INCORPORATED By Its GRANTEES PAPAALOA HOUSING, INC. By Its LFSSEE -4- . . STATE OF HAWAII ) ) SS. . .. . .. I ( County of Hawaii ) On this day of 19_, before me personally appeared STEPHEN K. YAMASHIRO, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the COUNTY OF HAW All, 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 STEPHEN K. YAMASHIRO acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary Public, State of Hawaii My commission expires: -5- . . STATE OF HAWAII ) ) ". .. County of Hawaii ) On this day of 19_, before me appeared to me personally known, who, being by me duly sworn, did say that he/she is the , of PAPAALOA HOUSING, INC., a non-profit Hawaii corporation, and that said instrument was signed on 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 My commission expires: I ~ I .... I () I ...I ,I )- ~ I 1: ; Q ~~ " ~ ---- () ............- It: ~ ~"- ~ -"- '--, I ~ "'''-" ~'............ POLE LINE EASEMENT IN \ '-..... ~ ............ ~ ~AVOR OF HELCO \ " '-..... 0 ~~ 4 <5TE HAW'N TEL. \ ~, "~.o" \, \ ,~ 'c5,~, ^r~ ~ \, '., I ~ t;' ~~,. ^r~~~ ~'>~~, ',,~. ~ P-2 :'t ~. ""0 '~ . P-I<5 . / IS'L' ~ ~,' ~ "-~ ........, .(;.~=<-;. S'~"'~, ,'----""~>: ~...... .~ S' x IS'ANCHOR 0A5EM~ " '~ ~\----------' IN FAVOR OF HEl.CO --- . ~ 4 <5TE HAW'N. TEl.. P_I '. \ \ I I I I I POLE LINE EASEMENT IN~: FAVOR. OF HELCO I 4 <5TE HAW'N TEL. I (10' WIDE) I 1M K ?;- 5 - 03: 4-'1 \ . ' \ \ I \ \ \ \ \. f"C"~' . '<: ".of-:.. P-I;;'.t,1 ~"Y"3 '~-.- '--J- )0 " '''-''.,.------------------ /' ""\.:i fC.O~O 'M"'~"'\ \ 6t;; -------:; _______ to 1'IirtO\~ ~ ~ to \..o\J?O ------== LE6END o . POLE --1 ANCHOR. P-I DETAIL "A" SCALE. 1"=40' o H, DISTR.IBUTION LI NES EXHIBIT A SHEET _ OF _ SHeET 2 of ? 8.. HAWAII ELECTRIC LIGHT CO. INC . .,. ENGINEERING DEPARTMENT ~ HILO. HAWAII ~PR.-HILO (I<EI<OA CAHP SU8'D) PAPA'ALOA, NO~TH HILO EAS2MENT DRAl^l1 NG EST 111(0 NO CHK'O/_O wO NO T .. . :5-5-0Cl O(SICH(O/ORAWH DN/MO A5 NOTED OATE 11-14-"'0 Clb-A-II01E