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Home My WebLink AboutRES 139 Draft 01 1988-1992COUNTY OF HAW,/~~ ...._. STATE OF HAWAII RESOLUTION No. 139 90 RESOLUTION AUTHORIZING THE GRANT OF AN EASEMENT TO GASCO, INC., ON COUNTY PROPERTY LOCATED BEHIND THE KAWAILANI FIRE STATION FOR THE INSTALLATION OF A LIQUIFIED PETROLEUM GAS (LPG) BOOSTER TANK. 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, 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; and WHEREAS, the County owns and operates the Kawailani fire station located in Hilo, Hawaii; and WHEREAS, Gasco, Inc., desires to install a liquified petroleum gas (LPG) pressure booster tank on County property located behind the Kawailani fire station to improve service to its customers in the Kawailani-Iwalani street areas; and WHEREAS, the County desires to give the necessary consent for the grant of easement to Gasco, Inc., on the terms and conditions set forth in the document entitled "Grant of Easement," 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 to Gasco, Inc., to install an LPG pressure booster tank on County property located behind the Kawailani fire station as provided by the "Grant of Easement" executed between the County and Gasco, Inc., which is attached as Exhibit "A," and is incorporated by reference hereto, 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 7th day of February 1990. INTRODUCED BY: /rte--~ W~+ NCI MEM COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by thel 9 9 pNCIL of the County of Hawaii on February ATTEST: COUNTY CLERK CHAIRMAN & PRESIDING OFFICER ROLL CALL VOTE AYES NOES ABS EX DOMINGO X HALE X INOUYE KOKUBUN X L4I X MAKUAKANE X RUDDLE X SCHUTTE YAMASHIRO 0 Reference C-1287/PWC-76 RESOLUTION NO. 139 ~~ I ''~I ~ - .,,i ~, s ~J ,..~ n "=c',,Tf:;;~,~ i l._i.~J S.Y~.....-. ... ~ `cam) Return by Mail (~ ) Pickup ( ) To: County of Hawaii Real Property Tax Division Director of Finance 865 Piilani St. Hilo, HI. 96720 GRANT OF EASEMENT TIiIS GRANT OF EASET~N'l made this ~~{`' day x`110 of _~~u~ygr ~°~O°r; 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 post office address is 25 A.upuni Street, Hilo, Hawaii 96720, hereinafter "County," and GASi~O, I:7C., a public utility, whose post office address is P. O. Box 1397, Hilo, Hawaii 96720, hereinafter referred to as "Casco," WITNESSETH: P7H~REAS, the County cwns and operates the Kawailani fire station located in Hilo, Hawaii; and WHEREAS, Gasco desires to install a liquified petroleum gas (LPG) pressure booster tank on County property located behind the Kawailani fire station to improve service to its customers in the Kawailani-Iwalani street areas; and WHEREAS, the County desires to give the necessary consent on the terms set forth herein; NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the County and Gasco 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 Gasco to be observed and performed, and upon and subject to the terms and conditions hereinafter set forth, does hereby grant the following easement to Gasco: sufficient land to install an LPG pressure booster tank upon the site of the Kawailani fire station as described in Exhibits "1" and "2," attached hereto and made a part hereof. 2. Rent. Gasco hereby covenants and agrees to pay one dollar ($1.00) valuable consideration to the County for the term of the grant of easement. 3. Term. The term of this grant of easement shall be for a period of thirty (30) years. 4. Installation. Gasco agrees to construct and locate the LPG pressure booster tank and all necessary equipment, in -2- compliance with the Hawaii County code covering such installations and in strict accordance with the Uniform Fire Code. 5. Indemnification. Gasco 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 Gasco, its officers, agents, or employees that may arise or result from the installation, maintenance, presence, or use of the LPG pressure booster tank and all appurtenances connected therewith. 6. Maintenance. Gasco shall at all times during the term of this grant of easement maintain the LPG pressure booster tank, together with the appurtenances connected therewith, in a good and substantially safe condition. 7. Access. The County grants to Gasco the right of ingress and egress at all reasonable times for the installation, maintenance, use, operation, repair, and final removal of the LPG pressure booster tank and all appurtenances connected therewith. 8. Termination. This grant of easement may be terminated by either party upon the giving of one hundred twenty (120) calendar days prior written notice. 9. Reversion. The termination or abandonment of the installation and maintenance of the LPG pressure booster tank by Gasco shall cause the grant of easement to revert to the County. -3- 10. 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 executed this grant of easement as of the day and year first above written. RECOMMEND APPROVAL: Fire Chi APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel Date: ~-~-~~ ~~ OUNTY OF HAWAII ~- - / 7 ~~ ~.~-° ~ BERNARD K. AKANA Its Mayor LESSOR GASCO, INC. By 0 Its ice resident - Marketing LESSEE -4- STATE OF HAWAII COUNTY OF HAWAII SS. _ ~~19v On this ~ ~ ~~~ day of -l.vaa.+~ ~9~8-9-, 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 Public, State of Hawaii STATE OF HAWAII CITY6COUNTY OF HAWAII My commission expires: SS. ~~ f 'i ' On this 23rd. day of October 1989, before me appeared Ronald G. Foss to me personally known, who, being by me duly sworn, did say that !~ he is the Vice President of GASCO, INC., 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 Hoard of Directors; and the said Ronald G. Foss acknowledged said instrument to be the free act and deed of said corporation. X L<,QYYLa.1L. dU irru.ii ~.r~' S Notary Pu lic, St a of Hawaii v My commission expires: 72-5-90 C~7 x r m ~~k~~~~I'Y' 1.1" w]i.wi.... ~ :.` ]q Oi'.; '(t4N•:v.'fv •~nl~ln •b.. r%r. m':I ne<li Wf~ .~., 4i': `~ .:Fb 1\:, q,~a.ai ',~tY f•Ly 1;,4,Y