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HomeMy WebLinkAboutRES 131 Draft 01 1988-1992OFFICE INFORMATION ONLY Meeting: Council - 1/16/90 Action: Approved Res. 131-90 Easement was sent to Muriel to complete its execution, and a copy will be sent to us for our files upon recordation. Re: COUNTY OF HAWAII.: STATE OF HAWAII RESOLUTION No. 133 9D RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO GRANT AN EASEMENT ON COUNTY PROPERTY TO HAWAII RESORTS TRANSPORTATION COMPANY FOR THE PURPOSE OF ESTABLISHING A RADIO-TELEPHONE COMMUNICATION SYSTEM TO SERVE THE WAIPIO VALLEY AREA. WHEREAS, section 46-66, Hawaii Revised Statutes, authorizes each county, subject to the approval of its council, to grant, sell, or otherwise dispose of any easement for any public utility purpose by negotiation without public auction; and WHEREAS, Hawaii Resorts Transportation Company is a public utility pursuant to section 269-1, Hawaii Revised Statutes; and WHEREAS, chapter 2, article 19, section 2-111(a)(2), Hawaii 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 residents of Waipio Valley have been without any telephone service since a private residence which had the only telephone in the valley was destroyed by fire; and WHEREAS, the geographic features of Waipio Valley and its inaccessibility increase the dangers of flash flooding, tsunami, and accidental injuries to its residents; and WHEREAS, Hawaii Resorts Transportation Company is in the process of purchasing and installing a radio-telephone system which will provide basic telephone service into Waipio Valley and the surrounding areas including state highway 240 approaching Waipio, the County access road down into the valley, and throughout the valley basin; and WHEREAS, the installation of a radio-telephone system would provide Waipio Valley residents with better communication with emergency service agencies such as civil defense, police, and fire-rescue; and WHEREAS, the Waipio Valley lookout parking lot area is strategically located to provide the radio coverage needed to service Waipio Valley and the surrounding areas; and WHEREAS, the County owns a telephone pole located at the Waipio Valley lookout parking lot which was once used to service a lunch wagon concession; and WHEREAS, the County's telephone pole is ideally positioned for the installation of Hawaii Resorts Transportation Company's radio-telephone system equipment as it provides easy access to local telephone and electric power lines; and WHEREAS, Hawaii Resorts Transportation Company has agreed to provide the County with a single portable hand-held radio-telephone unit which can be used for official and emergency use in return for the use of the County's telephone pole; and WHEREAS, Hawaii Resorts Transportation Company shall be responsible for the payment of all Hawaiian Electric Light and Hawaiian Telephone installation charges and monthly recurring -2- costs with the exception of any long distance telephone charges incurred by the County; and WHEREAS, the County desires to give the necessary consent for the grant of easement to Hawaii Resorts Transportation Company on the terms and conditions set forth in the document which is attached as Exhibit "A." NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII THAT: in accordance with the provisions of section 46-66, Hawaii Revised Statutes, and chapter 2, article 19, section 2-111(a)(2), Hawaii County Code, as amended, the director of finance is authorized to grant an easement on County property to Hawaiian Resorts Transportation Company for the purpose of establishing a radio-telephone communication system to serve the Waipio Valley area, subject, however, to reverter to the County upon termination or abandonment of the specific purpose for which this easement is granted. Dated at Hilo, Hawaii, this 16th day of January 1990 . INTRODUCED IL MEMBER, COUNTY O~ HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right he~~~l~ptgll blv~he CjOTzNOCIL of the County of Hawaii on ~~ YY 1 , 17 yy ATTEST: CHAIRMAN & PRES DING OFFICER ROLL CALL VOTE AYES NOES ABS EX DOMINGO X HALE INOUYE KOKUBUN LAI MAKUAKANE RUDDLE SCHUTTE YAMASHIRO X 8 0 1 0 Reference C-1233/PC-101 RESOLUTION NO. ~'~~' `g0 -3- GRANT OF EASEMENT THIS GRANT OF EASEMENT made this day of 19_, by and between the COUNTY OF HAWAII, a municipal corporation organized under the laws of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter "County," and HAWAII RESORTS TRANSPORTATION COMPANY, a public utility pursuant to §269-1, Hawaii Revised Statutes, whose mailing address P. O. Boa 183, Honokaa, Hawaii 96727, hereinafter referred to as "HRTC,_" EX~IIBIT ~~A ~~ WITNESSETH• WHEREAS, the County owns and operates a telephone pole located in the Waipio Valley lookout parking lot which is located in Waipio, Hawaii; and WHEREAS, HRTC desires to install equipment for a radio-telephone system on the County's telephone pole to provide basic telephone service into Waipio Valley and the surrounding area; and WHEREAS, the County desires to give the necessary consent on the terms and conditions set forth therein; NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the County and HRTC hereto agree as follows: 1. Demise and Description of Premises. The County, in consideration of the rent hereinafter reserved and of the covenants herein contained and on the part of HRTC to be observed and performed, and upon and subject to the terms and conditions hereinafter set forth, does hereby grant the following easement to HRTC: permission to install and maintain radio-telephone communication system equipment on the County's telephone pole located in the Waipio Valley lookout parking lot as described in Eahibit "1" attached hereto and made a part hereof. 2. Rent. HRTC hereby covenants and agrees to pay One Dollar ($1.00) valuable consideration to the County, the receipt of which is acknowledged, for the term of the grant of easement. HRTC also -2- agrees to provide the County with a single portable hand-held radio-telephone unit which shall be used by the County for official and emergency use in consideration for this grant of easement. 3. Term. The term of this grant of easement shall be for a period of ten (10) years. 4. Installation. HRTC agrees to install all necessary equipment in compliance with the Hawaii County Code covering such installations. 5. Indemnification. HRTC shall indemnify, defend, and save harmless, the County and its officers, agents, and employees from and against any and all actions, claims, suits, damages, or costs arising out of or resulting from the acts or omissions of HRTC, its officers, agents, or employees that may arise or result from the installation, maintenance, presence, or use of HRTC's radio-telephone communication system equipment and all appurtenances connected therewith. 6. Maintenance. HRTC shall at all times during the term of this grant of easement maintain its equipment in good and safe condition. 7. Utilities. HRTC shall be responsible for the payment of all electric and telephone installation charges and monthly recurring costs with the exception of any long distance telephone charges incurred by the County. 8. Access. The County grants to HRTC the right of ingress and egress at all reasonable times for the installation, -3- maintenance, use, operation, repair, and final removal of its equipment and all appurtenances connected therewith. 9. Termination. This grant of easement may be terminated by either party upon the giving of thirty (30) calendar days prior written notice. Upon termination of the use, the easement area shall be restored to its original state, or as close thereto as possible, within a reasonable time and at the ezpense of HRTC. 10. Reversion. The termination or abandonment of installation and maintenance of the radio-telephone communication system equipment by HRTC shall cause the grant of easement to revert to the County. 11. Successors and Assigns. This grant of easement shall inure to the benefit of and shall be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have ezecuted this grant of easement as of the day and year first above written. COUNTY OF HAWAII APPROVAL: Director, Department of Parks and Recreation APPROVED AS TO FORM AND LEGALITY: By BERNARD K. AKANA Its Mayor GRANTOR HAWAII RESORT TRANSPORTATION COMPANY Deputy Corporation Counsel Date: By Its -4- GRANTEE STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of 19_, before me personally appeared BERNARD K. AKANA, 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; and said BERNARD K. AKANA acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary Pu My commission expires: STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of State of Hawaii 19_, before me to me personally known, who, being appeared by me duly sworn, did say that he is the of a Hawaii corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation; that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors; and the said acknowledged said instrument to be the free act and deed of said corporation. Notary Public, State of Hawaii My commission expires: -5- r .o ., .\ `\ \`~ ~\ --- ., L- j ~__. __ __./ ~ ~ 9 "';, ~ ~ v ~,, . t `~~ ~ ~ ~-~~\ f ~, w~v ~ `;, =~F o. Q ~~ '~ >p~ '~,~ 0 pp s. ` ~ \N S r ~~ ,. y ^' 1 ~~ M 1 11 E'A. 1 9 • 1 °~~'a~~yf'jr G,~ k -Q. r .o ~_ x~ sx ~~ r ~ ~ ~~ ~ b~ ~ ~ ,~~ ~< Y ~ ~, ° ~4 ~ i~~1 ~ ~ I J ~ d ~ Q V~4 V~ `nS\ ~ ;- J ~~ / 4 ~ ~ ^'' ~~ ~LoJ 'L ' `` r ~ v V o~a~ r ~- - i I i ~ ~ ~~ ~~~1 I ~ '~ ~~~ ~ ~ v ~ ~~ ~~ `, ., •. ~, ,,,, \\ ~~ ~ ~ ~~ ~~ YW"' AS~~ '~ ~ ' 's o 0 ~~ cn= K ~\a L ~_ ~~ 1 \' '\ i ~~ \~ \. ~ 11 x~ •o :~ ~ ~ ~ `, , \~ ~v~ ~~ \ =~~~~F ~ ~'.~ W-r ~~~ ~~ ~Y~T~~i1 ~ ~ i F":U~~3 ~Q~v ~+`~ '°~~ o s ° ~ i ~ ~ ~ .-, : .~ ~~~ x ' , ' ~i ~~~ \~(u, ~x \ r r ~s \v t ~ ~ -- ~ ~ ~ ~- ~;~_ __-~ i I II of msg. ' i , ~ ~ %"~ ~ ~ ~~~ _~ ~ ~ ~ / ~~_ ~~, F ~_ / 4~3 j' ooh ~ o ~, OFFICE OF `i'HE COLI1~j`rY CLERK County of Haunii Hatuaii County Building 25 Aupuni Strcat Hilo, Hauaii 96720 January 18, 1990 Hawaiian Resorts Transportation Company P.O. Box 183 Honokaa, Hawaii 96727 Enclosed is a copy of Resolution 131-90 which was adopted by the Council of the County of Hawaii on January 16, 1990. - . ~~ ~ ~ ,,, c`-~'t. ~ i Robert S. Shioji DEPUTY COUNTY CLERK Encl.