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HomeMy WebLinkAboutRES 451 Draft 01 1988-1992COUNTY OF HAVIf, ~~~;.d;S'~ATE OF HAWAII .~, , RESOLUTION No 4~~ ~~ RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO GRANT A PERPETUAL EASEMENT ON COUNTY PROPERTY TO GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED, TO CONSTRUCT, RECONSTRUCT, REPAIR, MAINTAIN AND OPERATE A POLE AND WIRE LINE, UNDERGROUND LINES, ABOVE GROUND CROSS CONNECT CABINETS AND ASSOCIATED FACILITIES AND EQUIPMENT FOR THE TRANSMISSION AND DISTRIBUTION OF COMMUNICATIONS AND CONTROL CIRCUITS ON COUNTY PROPERTY, TAX MAP KEY: THIRD DIVISION, 2-4-16:01, LOCATED IN WAIAKEA, SOUTH HILO, HAWAII. 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 $1,000.00; and WHEREAS, the County owns land located adjacent to Haihai Street, Tax Map Key: Third Division, 2-4-16:01, located in Waiakea, South Hilo, Hawaii; and WHEREAS, GTE Hawaiian Telephone Company Incorporated desires to obtain a perpetual easement on said County-owned property; and WHEREAS, the County desires to give the necessary consent for a perpetual grant of easement to GTE Hawaiian Telephone Company Incorporated 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 GTE Hawaiian Telephone Company Incorporated to construct, reconstruct, repair, maintain and operate a pole and wire line, underground lines, above ground cross connect cabinets and associated facilities and equipment for the transmission and distribution of communications and control circuits on County property, Tax Map Key: Third Division, 2-4-16:01, located in Waiakea, South Hilo, Hawaii, 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 21st day of October 1992, UCE~~%//~ COUNCIL MEMBER, 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 the COUNCIL of the County of Hawaii on OCtoheT 21, 19 92 ATTEST: 1 1 /-~, `~Ga 1 I 1 OUN CLERK CH.~IRMAN & PRESIDING OFFICER ROLL CALL VOTE AYES NOES ABS EX nenxnxl x. DE LIMA X DOMINGO X HALE KOKUBUN LAI MAKUAKANE X RUDDLE SCHUTTE 9 0 0 Reference C-3696/PWC - 210 RESOLUTION NO. ~~'~ ~r ~~6 !. bi[ ~~ /. LAND COURT ~ REGULAR SYSTEM RETURN BY: MAIL ( ) PICKUP ( ) T0: AFFECTS TAX MAP KEY: THIRD DIVISION 2-4-16:01 (portion of) Doc.# GRANT OF PERPETUAL EASEMENT THIS INDENTURE made this day of , 19 , by and between COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the Grantor, and GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED, a Hawaii corporation, whose principal place of business is 1177 Bishop Street, City and County of Honolulu, State of Hawaii, and whose post office address is P. O. Box 2200, Honolulu aforesaid, hereinafter called the Grantee, W I T N E S S E T H: That the Grantor, in consideration of the sum of One Dollar ($1.00) to it paid, the receipt of which is acknowledged, does hereby grant and convey unto the Grantee, its successors and assigns, a perpetual right and easement to construct, reconstruct, repair, maintain and operate a pole and wire line, underground lines, above ground cross connect cabinets and associated facili- ties, and equipment and to use such pole and wire line, underground lines, above ground cross connect cabinets and associated facili- ties, and equipment as may be necessary for the transmission and distribution of communications and control circuits, including the right to trim and keep trimmed any tree or trees in the way of its appliances and equipment, and including also the right of entry upon the premises for the construction, maintenance, repair and operation of said pole and wire line, underground lines, above ground cross connect cabinets and associated facilities, and equip- ment in order to keep them in efficient use and condition, over, under, upon, across and through those certain premises situate at Waiakea, District of South Hilo, Island, County and State of Hawaii, a portion of Waiakea Homesteads Lots (1st Series), a por- tion of Grant 8907 and Grant 12422, known as Lot 807A. Said easement all as more clearly shown cross hatched on Exhibit A and described on Exhibit B. Both exhibits attached hereto and by reference made a part hereof. TOGETHER with the right of reasonable ingress and egress to and from the easement area from Haihai Street for all purposes 2 in connection with the exercise of the rights hereby granted. TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns, forever. AND THE GRANTEE does hereby covenant and agree that: (1) It will use due care and diligence to keep the lines, facilities and appliances and equipment in good and safe condition and repair and will exercise its rights hereunder in such 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) It agrees to indemnify the Grantor for any and all damages to its property caused by the Grantee's own failure to properly maintain and operate said lines, facilities and appliances and equipment 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 the Grantee's own failure to observe the covenants contained in paragraph (1) above. IT IS HEREBY MUTUALLY UNDERSTOOD AND AGREED by and between the parties hereto that: (A) 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 Grantee shall have the right to claim and recover from the 3 condemning authority but not from the Grantor such compensation as is payable for the easement and right of way and for the pole and wire lines, conduits, above ground cross connect cabinets and asso- ciated facilities and equipment used in connection with the lines, which shall be payable to the Grantee. IN WITNESS WHEREOF, the parties hereto have duly executed this instrument the day and year first above written. Reviewed and approved by: Charmaine Kamaka, Director Department of Parks and Recreation _ COUNTY OF HAWAII By Its Mayor Grantor _ . : ~''"~ -- - _ :.1;PL`71Y Pata .___. GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED By Grantee 4 STATE OF HAWAII COUNTY OF HAWAII On this appeared 19 before me to me personally known, who, being by me duly sworn, did say that she is the Mayor of the COUNTY of HAWAII, a municipal corporation of the State of Hawaii; that the seal affixed to this document is the corporate seal of said copora- tion; that said instrument was signed and sealed on behalf of said COUNTY OF HAWAII by authority of its that said Mayor acknowledged the instrument to be the free act and deed of said municipal corporation. Notary Public My Commission expires: STATE OF HAWAII CITY AND COUNTY OF HONOLULU On this day of appeared 19 before me to me personally known, who, being by me duly sworn, did say that he is the of GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED, a Hawaii corpora- tion; that the seal affixed to the foregoing instrument is the cor- porate seal of said corporation; that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said Officer acknowledged said instrument to be the free act and deed of said corporation. Notary Public My Commission expires: day of SS. SS. 5 NSET ~ I; EASEMENT "A" VOT TO SCALE Io IN FAVOR OF I5 GTE HAWAIIAN Fo 15521.76 S !~ 8045.9 E ~ 265'40'00" "HALAf o 20.00' 355'40'00" ~n oo~ (20.00 (400 SO,FT,) TELEPHONE CO., L EXHIBIT A to.oo' __ a5'ao'og'=asa_oo'_ ~ State of Nawalt ~~,~$ 00' Executive Order No. 1223 - - - 265'40'00-484.00 N II 40 I I --~ 1 38 I ~ ~ cai VI I O ,~pl ----a I I 36 ~i~ 7.43 ACRES M N CI N 34 i~ T I :1 m ~ C M 3 N r -~.L .._ _ 10 C ~ O ~ 10 d 1 O ~ ]G ~^ F U c 30 in vii W --- - ° W _ I ~, ~ ~ z w 28 I ~ G>~ s ~ W tie ,5% / I :- ~ E-~ ~R,, -- -- ` ~ ~% I o r OOi ~A~ 3 ~ Q x 26 i °°~:A/~~ 1. l°~~~tl I = ~ v 24~ .~ ~ o~pN1.a ~t,~~'~ I c 'L`y" ~5 ~ O PG\F~ i O ~ / ~ 22 ~ P O c I w OI N ~ O _ ~' ° ~ -° 5 ~ o ~ x = G~pp~ 20 1 ~ I ~ W o -I ! N v ~ ~ 8 I 12.77 ACRES I c, I ~ nl 16 aI _.~~ p z ;.- b 14 ja '~ c~ a o r o Y - -- o o_ in ' °' J 12 'O CO M ! 4 ---i o 1 3 10 In I ---- -- 7.43 ACRES I 8 I o 12.77 ACRES I -- ~ ~ 0.24 ACRE FOLD Zq -- ~ 20.44 ACRES EICBIB® ~~` 6 i I moFEeao~u~ --- I •c wa eullF~roa * I NO ~q / ` I I EASEMENT "A" (40G SO.F"f,) 6530 80 ES ~Y' I ~ 2 I /-IN FAVOR OF ! ~•;{q;,,;, ~, \y'q!" z 1 I - ~T~ HAitiA11AN IELCYrtUNi CO., LTJ1~ ''`'fj / I V. "~ I J I (SEE~IN 4U 1 - 464 Q'- ~~~ I i I ~' _ ~~ TFlK: :aC HA1riA1 `- - - ~ - tt~~ i - - MAP SHOWING EASEMENT "A" (20 FEET WIDE) IN FAVOR OF THIS WORK WAS PREPARED eY ME GTE HAWAIIAN TELEPHONE CO., LTD. R UNDER MY SUP, VISION~_~ AFFECTING LOT 807-A GRANT a907 AND GRANT 12422 'r:-_ . •...@,~- _ MAIAKEA AOIIESTEAD LOTS. lsi SERIES UUENSED PROFESSIONAL LAND SURVEYOR NAIAKEA, SOUTH HILO, HAAAA CERTIFICATE N0. 1566 RE~~~AIH 17, 1992 ~ M~~~~1 `°~-" ~ ~ 8.5"X14 = 0.83 sq T AUSTIN, TSU_TSUMI_ & ASSOCIATES, INC. I !~ ~NGINff PS, SURVEYORS HONOLULU, /UWAII EASEMENT "A" Being an easement twenty (20) feet wide for Telephone Purposes in favor of GTE Hawaiian Telephone Company, Inc. Being a portion of Gr. 8907 to Margaret M. Kennedy. Situated at Waiakea, South Hilo, Hawaii. Beginning at the Northwest corner of this easement, on the East side of Gr. 9835 to Antonio Baptista and on the East side of Lot 2 of Iwalani Heights Subdivision, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 15,521.76 feet South and 6,045.92 feet East, and running by true azimuths measured clockwise from South: 1. 265° 40' 00" 20.00 feet along the remainder of Gr. 8907 to Margaret M. Kennedy; 2. 355° 40' 00" 20.00 feet along same; 3. 85° 40' 00" 20.00 feet along same; 4. 175° 40' 00" 20.00 feet along the East side of Gr. 9835 to Antonio Baptista and Lot 2 of Iwalani Heights Subdivision to the point of beginning and containing an PDLD ~ area of 400 square feet. ~P NF LICEN6ED PNDFESSIONAI AUSTIN, TSUTSUMI & ASSOCIATES, INC. * LAND SURVEYOR Description Prepared By: No. 1566 1 ~ 1 HAROLD ZANE Licensed Professional Land Surveyor Certificate No. 1566 Honolulu, Hawaii March 3, 1992 TMK: 3rd Division 2-4-16:1 EXHIBIT B 92789.HI 820 PIILANI STREET, SUITE 102 MILO. HAWAII 96]20 ~T~ AUSTIN, TSUTSUMI 6 ASSOCIATES, INC. I CIVIL ENGINEERS •SURVEYORS 501 SU MNER STREET. SUITE 621 HONOLULU. HAWAII 9661]-50]1 1063 LOWER MAIN STREET, SUITE 21< WAILUKU, MAUI, HAWAII 96]9] " Lorraine R. lnouve lac or Charmaine L. Kamaka coo~,• or w, .' Director Alan R. Parker Department of Parks and Recreation _ DeP~~~ oire<<~r County of Hawaii 25 Aupuni Street, Room 210 Hilo, Hawaii 96720 (808)961-8711 .Y' y, April 30, 1992 The Honorable Russell 5. Kokubun, Chairman and Members of the Hawaii County Council County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 SUBJECT: Resolution to Grant Perpetual Easement to GTE Hawaiian Tel Dear Chairman Kokubun and Members: Enclosed Por Council action is a resolution to grant perpetual easement at the Hilo Municipal Go1P Course to GTE Hawaiian Tel for the purpose of installing and maintaining a pole and lines for the distribution of communications and control circuits. Appropriate documentation is enclosed for review. In addition, a representative from the Department of Parks and Recreation will be present to answer questions when this item is discussed by Council Committee as well as full Council. Shou you need further information, please call me. Thank you very much. s ctfully subm~d, Charmaine L. Kamaka Director Approved: ` ` ~ ~~""" j'~ Lor ne R. uye Mayor Enclosures: Resolution Communication from GTE Grant of Perpetual Easement Easement Maps Q rZCS ~, ~ 3~9G COMM. NO. ~' To: PWC V©L~ Volt Information Sciences. Inc. V oltelcon 3049 Ua~ena S*.ree!. S,;,te 510 Honoiu~..:_ HI 958'?-'9d~ 8081 834-28' ~ FAX 18081 836-354 March 17, 1992 Charmaine Kamaka Director Department of Parks and Recreation 25 Aupur.i Street. Hilo, Hawaii 96720 Dear Ms. Kamaka: P. 0. Sox 435 Pahaia, Hawaii 967?' (808) 928-8407 Request for Grant of Perpetual Easement in Favor of GTE Hawaiian Telephone Company For Cross Connect Cabinets Within Tax Key: 3/2-4-16:01 Waiakea, South Hilo, Hawaii Enclosed for your review and further processing are original and two (2) copies of easement document for subject request. We modified the site location and included a ten foot setback to take into consider- ation the proposed widening of Haihai Street as per suggestion in your let±er to me of February 4, 1992. If there are any questions or further input please don't hesitate to contact me at 928-8407. Thank you very much for your cooperation in this matter: Aloha, Sandy Padaken Easement Coordinator cc: Gordon Yadao, GTE HTCO, w/out enc. enclosures GY Loraine R.Inovye Mayor Michael j. Matsukawa Corporation Counsel ' ~~~ Office of the Corporation Counsel AssiS ant Corporaton Counsel ~_~:-_; -~ • County of Hawaii •Hilo Lagoon Centre • 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720 _ _- - (808) 961-8251 • Faz (808) 969-7049 o r~ October 15, 1992 T rv -:? ~ c ~: ~ --r ~_~ cn f Honorable Harry S. Ruddle - =n Council Member Hawaii County Council ~ ~ 25 Aupuni Street n ` Hilo, Hawaii 96720 `'~ cn z N Dear Council Member Ruddle: Re: Easement for GTE/Hawaiian Telephone on Municiual Golf Course This is in response to the questions you raised about the above-noted easement. Enclosed is a copy of the proposed clause concerning indemnity, which was submitted by Sandy Padaken of GTE/Hawaiian Tel [Exhibit A]. In this office's opinion, this proposed clause would protect the County of Hawaii from as many of the problems you raised as possible. When the original easement came before the council's public works committee on October 5, 1992, you were concerned about indemnification by GTE/Hawaiian Tel to the County in the event that a GTE/Hawaiian Tel employee was injured by a third party, such as a golf course user, while the GTE/Hawaiian Tel employee was on County property. The proposed clause would require GTE/Hawaiian Tel to indemnify the county in such a situation. Therefore, the county would be adequately covered in all necessary situations. Please contact this office if there are any questions. Sincerely, MICHAEL J. MATSUKAWA Cor or ion Counsel Y FREDERICK GIANNINI Deputy Corporation Counsel FG:ja Enclosure 8830I cc: Sandy Padaken 3. Indemni..~ication. Granted and save harmless, the Grantor and its employees from and against any and all actions, claims suits, damages or costs arising out of or resulting from the acts or omissions of Grantee, its officers, agents, or employees that may arise, or result from the installation, maintenance, presence, or use of Grantee's fixtures and ail appurtenances connected therewith. Grantee shall also indemnify, defend and save harrc~- less, the Grantor and its officers, agents, and employees from and' against any and all actions, claims suits, damages or costs arising out of any claim by any of Grantee's employees, contractors or agents that may arise or result from their presence on Grantor's property. I shall indemnify, defend, officers, agents, and ~~ ~C ~"~ T~ INSET 1 ~'~ EASEMEN A" NOT TO SCALE Io I~ rIN FAVOR OF II GTE HAWAIIAN 15521.76 S rn 4045.9E I^ 28S'40'00" HALA A 20.00' 33540'00" 20.00 20.00 (400 SO,FT,) TELEPHONE CO., L _ _ ~5' 40~Q'=_484_00'_ - - ---1-- 9!S•If1•R~ State of Hawoll Executive Order No. 1223 40 S,~~i. G<°^t .. P v / `~ LICBi® ~`' rROPLlIION~L #' 1140 9tR1YEYOR No. t3e6 /_. , _.--.-__-_ 1 .. 38 I d 36 1 ~ a vvv,111.,,' I __. _. In 7.43 ACRES ~ IIII ~~~~ ~ 34 i~ 1 I ~ ` ~ e c M N n32 ~ b o to ;~ C I ~ N 7 ~ -fin ~ r n i a Y N I U ~° 30 i o •~ ~ I ---- -- - 1 1 a d i~ ~' Z w 0 28 ~ A5. ~ ~' q6'~ 1 - o ~ cl,,l ~ - - - - _ _ S a ~ ~ ~ fi de / 1 : ° o A o, I s - _.. i "~ '~ fat l v ~ 24 ' ~' 'G \p'~ ~~ o~ti 1 O C ~ 5 ~~17' t/ I o PC\(r\ ` Q I o ~ ~ 22 ., u e o j - i v/N I o 0 20 1 ~ e o w x --- - I 1 1 N ~ g I 12.77 ACRES l _ __.. .. ' 0 m NM - 16 I + r Z_. __.__ 1 4 _-- ~ ~ ~ U ~I of a ~ ~ o a ~1 ~ 12 Ic ~ n Q -- -- 1'ov 1 1 10 I~ 3 _ _ _ _ I - B j 7.43 ACRES ~ 12.77 ACRES ~ i ~ 0.24 ACRE - - ~ 0.4 E I 6 1 1 I 1 1 ~ 2 rEASEMENT "A" (400 SQ,FT,) 1 I -1 SS 15.10 S ~ ' f-'t' IN FAVOR Oi GTE HAWAIIAN TELEPHONE CO., LTO~ BS30.80 "HALACA E ; ' I(SEE INSET 1 g ~~' 484.OQ'_ THIS WORK WAS PREPARED BY ME gR,UNOER MY SUP.EBVISION_ N0. 1588 MAP SHOVING EASEMENT "A" (20 FEET VIDE) iN FAVOR OF GTE HAVAIIAN TELEPHONE CO., LTD. AFFBCTING LOT 607-~ GRANT 8907 AND GRANT 12482 11AIARl;A ROYESTgAD LOTS, let 8SRI6S 11AIAREA, SOUTH KILO, ilAllAp •. ~ ~ MI1K{:N i T AUSTIN, T_SUTSUMI_ h AS_ SOCIATES, INC. 8.5x1 = 0 1 ~ FN41Nf Fns, SIIRV[YOpL . HONOLULU, W1WIJ1 i LAND COURT SYSTEM ; REGULAR SYSTEM RETURN BY: MAIL (X) PICKUP ( ) T0: Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 AFFECTS TAX MAP KEY: THIRD DIVISION 2-4-16:01 (portion of) Doc.# GRANT OF EASEMENT THIS GRANT OF EASEMENT made this day of 19 by and between COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "Grantor", and GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED, a Hawaii corporation, whose principal place of business is 1177 Bishop Street, City and County of Honolulu, State of Hawaii, and whose post office address is P. 0. Box 2200, Honolulu, Hawai.' 96841, hereinafter called the "Grantee"; W I T N E S S E T H: WHEREAS, Grantor, owns certain premises, known as Hilo Municipal Golf Course located at 340 Haihai Street, Hilo, Hawaii; and WHEREAS, Grantee desires to install and maintain a pole and wire line, underground lines, above ground cross connect cabinets and associated facilities and equipment as may be neces- sary for the transmission and distribution of communications and control circuits. WHEREAS, Grantor desires to give the necessary consent on the terms and conditions set forth herein; 2Q0W, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the Grantor and Grantee hereto agree as follows: _. Demise and Description of Premises. The Grantor, in consideration of the sum of One Dollar ($1.00) to it paid by the Grantee, the receipt of which is acknowledged, and of the covenants herein contained and on the part of the Grantee to be observed and performed, and upon and sub;ect to the terms and conditions herein- after set forth, does hereby grant the following perpetual easement to Grantee: Permission to install a pole and wire line, under- ground =roes, .above ground ~ros~ connect cabinets and associated facilities and equipment as may be necessary for the transmission and distribution of communicaticns and ccntrol circuits on premises owned by Grantor situate at Hilo Municipal Golf Course, 340 Haihai Street, District of South Hilo, Island, County and State of Hawaii, being a portion of Waiakea Homesteads Lots (1st Series), a portion of Grant 8907 and Grant 12422, known as Lot 807A. Said easement all as more clearly shown cross hatched on Exhibit "A", attached hereto and made a part hereof. 2. Installation. Grantee agrees to install all neces- sary fixtures in compliance with all applicable laws, codes or regulations. 3. Indemnification_ Grantee shall indemnify, defend, and save harmless, the Grantor and its officers, agents, and employees from and against any and all actions, claims suits, dam- ages or costs arising out of or resulting from the acts or omis- sions of Grantee, its officers, agents, or employees that may arise or result from the installation, maintenance, presence, or use of Grantee's fixtures and all appurtenances connected therewith. Grantee shall also indemnify, defend and save harmless, the Grantor and its officers, agents, and employees from and against any and all actions, claims suits, damages or costs arising out of any claim by any of Grantee's employees, contractors or agents that may arise or result from their presence on Grantor's property. 4. Maintenance. Grantee shall at all times maintain its fixtures in good and safe condition. 5. Access. Grantor grants to Grantee the right of ingress and egress at all reasonable times for the installation, maintenance, use, operation, repair, and final removal of its fix- tures and all appurtenances connected therewith. 6. Termination. Upon termination of the use, the ease- ment area shall be restored to its original state, or as close thereto as possible, within a reasonable time and at the expense of Grantee. 7. Reversion. The termination or abandonment of instal- lotion or maintenance of Grantees' fixtures shall cause the grant of easement to revert to the Grantor. 8. Successors and Assigns. This grant of easement shall inure *_o the benefit of and shall be binding upon the successors and assigns of *_he parties hereto. 9. Condemnation. 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 Grantee shall have the right to claim and recover from the condemning authority, but not from the Grantor, such com- pensation as is payable for the easement and right of way and for the pole and wire line, conduits, above ground cross connect cabi- nets and associated facilities and equipment used in connection with the lines, which shall be payable to the Grantee. iN WITNESS WHEREOF, the parties hereto have executed this grant of easement as of the Say and year first above written. 4 RECOMMEND APPROVAL: Charmaine Kamaka, Director Department of Parks and Recreation APPROVED AS TO FORM AND LEGALITY Deputy Corporation Counsel County of Hawaii Date: COUNTY OF HAWAII By Grantor GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED By LORRAINE R. INOUYE Its Mayor Its Grantee STATE OF HAWAII COUNTY OF HAWAII On this day of appeared 19 before me to me personally known, who, being by me duly sworn, did say that she is the Mayor of the COUNTY of HAWAII, a municipal corporation of the State of Hawaii; that the seal affixed to this document is the corporate seal of said copora- tion; that said instrument was signed and sealed on behalf of said COUNTY OF HAWAII by authority of its that said Mayor acknowledged the instrument to be the free act and deed of said municipal corporation. Notary Public SS. My Commission expires: 5 STATE OF HAWAII ) CITY AND COUNTY OF HONOLULU ) On this day of appeared 19 before me to me personally known, who, being by me duly sworn, did say that he is the of GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED, a Hawaii corpora- tion; that the seal affixed to the foregoing instrument is the cor- porate seal of said corporation; that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said Officer acknowledged said instrument to be the free act and deed of said corporation. Notary Public SS. My Commission expires: 6 Ori<*i!ial Rscordsd At 57: ,? . Of MAWM BV?er.U JF CONVEYANCES NOV 2 0 1991 Late..-.- __ j]~c }{ 9~- I~g4R3-y&y LAND COURT SYSTEM RETURN BY: MAIL (X) PICKUP ( ) REGULAR SYSTEM T0: AFFECTS TAX MAP KEY: THIRD DIVISION 2-4-16:01 (portion of) Doc.# H9~"s-a GRANT OF EASEMENT THIS GRANT OF EASEMENT made this ~_ day of "~ ~`~ 19 ~~ by and between COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "Grantor", and GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED, a Hawaii corporation, whose principal place of business is 1177 Bishop Street, City and County of Honolulu, State of Hawaii, and whose post office address is P. o. Box 2200, Honolulu, Hawaii. 95841, hereinafter called the "Grantee"; W I T N E S S E T H: WHEREAS, Grantor, owns certain premises, known as Hilo Municipal Golf Course located at 340 Haihai Street, Hilo, Hawaii; and WHEREAS, Grantee desires to install and maintain a pole and wire line, underground lines, above ground cross connect cabinets and associated facilities and equipment as may be neces- sary for the transmission and distribution of communications and control circuits. WHEREAS, Grantor desires to give the necessary consent on the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the Grantor and Grantee hereto agree as follows: 1. Demise_and_Description__of_Premises__ The Grantor, in consideration of the sum of One Dollar ($1.00) to it paid by the Grantee, the receipt of which is acknowledged, and of the covenants herein c-ontained and on the part of the Grantee to be observed and performed, and upon and subject to the terms and conditions herein- after set forth, does hereby grant the following perpetual easement to Grantee: Permission to install a pole and wire line, under- ground lines, above ground cross connect cabinets and associated facilities and equipment as may be necessary for the transmission and distribution of communications and control circuits on premises 2 owned by Grantor situate at Hilo Municipal Golf Course, 340 Haihai Street, District of South Hilo, Island, County and State of Hawaii, being a portion of Waiakea Homesteads Lots (1st Series), a portion of Grant 8907 and Grant 12422, known as Lot 807A. Said easement all as more clearly shown cross hatched on Exhibit "A", attached hereto and made a part hereof. 2. Installation_ Grantee agrees to install all neces- sary fixtures in compliance with all applicable laws, codes or regulations. 3. Indemnification. Grantee shall indemnify, defend, and save harmless, the Grantor and its officers, agents, and employees from and against any and all actions, claims suits, dam- ages or costs arising out of or resulting from the acts or omis- sions of Grantee, its officers, agents, or employees that may arise or result from the installation, maintenance, presence, or use of Grantee's fixtures and all appurtenances connected therewith. Grantee shall also indemnify, defend and save harmless, the Grantor and its officers, agents, and employees from and against any and all actions, claims suits, damages or costs arising out of any claim by any of Grantee's employees, contractors or agents that may arise or result. from their presence on Grantor's property. 4. Maintenance. Grantee shall at all times maintain its fixtures in good and safe condition. 5. Access. Grantor grants to Grantee the right of ingress and egress at all reasonable times for the installation, 3 maintenance, use, operation, repair, and final removal of its fix- tunes and all appurtenances connected therewith. 6. Termination.. Upon termination of the use, the ease- ment area shall be restored to its original state, or as close thereto as possible, within a reasonable time and at the expense of Grantee. 7. Reversion. The termination or abandonment. of instal- lation or maintenance of Grantees' fixtures shall cause the grant of easement to revert to the Grantor. 8. 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. 9. Condemnation-- In the event the premises across which a night and easement is hereby granted, or any part thereof, shall be condemned or taken for any public project by any governmental authority, the Grantee shall have the right to claim and recover from the condemning authority, but not from the Grantor, such com- pensation as is payable for the easement and right of way and for the pole and wire line, conduits, above ground r.ross connect. cabi- nets and associated facilities and equipment used in connection with the li-nes, which shall be payable to the Grantee. IN WITNESS WHEREOF, the parties hereto have executed this grant of easement as of the day and year first above written. 4 RE ~D APPROV ~1/'~,~Cp'f,~C/i-~f. '~ L ~s---~ Charmaine Kamaka, Director Department of Parks and Recreation APPROVED AS TO FORM AND L GALITY De uty Corporation Cou sel County of Hawaii Date: ll - 1~--`f~- 6TC !sA~wnuniJ T[LEPHONE CG~~1PaNY iNCOt~PORATED hrtwork Provisioning Dept. Appro~~ed OF HAWAII ) ~QF HAWAII ) On this ~ day of appeared Grantor GTE HAWAIJ.~N TF~PiONE COMPANY INCORP TE/ I ~~ By SS. COUNTY OF HAWAII B r e. ~. RAI R. NO E Its Mayor I t s General Manager - Operations Grantee 19 before me to me personally known, who, being by me duly sworn, did that she is the Mayor of the COUNTY of HAWAII, a municipal corporat' n of the State of Hawaii; that the seal affixed to this document is t corporate seal of said copora- tion; that said instrument. was signe d sealed on behalf of said COUNTY OF HAWAII by authority of its \ that said Mayor acknowledged the instrument to deed of said municipal corporation. the free act and Notary Public My Commission expires: 5 STATE OF HAWAII ) SS. CITY AND COUNTY OF HONOLULU ) On this ,~,~_ day of ~~~ c-~+~ti 19~, before me appeared Clarke Erskine to me personally known, who, being by me duly sworn, did say that he is the General Manager - Operations of GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED, a Hawaii corpora- tion; that the seal affixed to the foregoing instrument is the cor- porate seal of said corporation; that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said Officer acknowledged said instrument, to be the free act ar,d deed of said corporation~]~~, / f:/`frc,C.L (.i ~rl/ivl) ./.~,N1.~a.~.y-mot +~ Notary Public ~ My Commission expires: Apri15,7994 6 STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this ~~ day of ~ot/~e.~c~e,Y' , 1992 , before me personally appeared LORRAINE R. INOUYE, to me personally known, who, being by me duly sworn, did say that she 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 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 LORRAINE R. INOUYE acknowledged said instrument to be the free act and deed of said County of Hawaii. Qom, ~-~-a2 Notary Public, State o Hawaii My commission expires:'~~Z3 -9~ ~~SET 1 '°' NOT TO SCALE ~o EASEMEh A" (400 SO,FT,) IN FAVOR OF I,, GTE HAWAIIAN TELEPHONE CO., LTD 15521.76 S h X045.92 E I^, 265'40'00" NALAff n 20.00' 355'40'00" 20.00 20.00 10.00 - - 85' 10_00"_484_00'_ S}O}8 Ot HOWOII ~~•~g'D~ Executive Order No. 1223 265'40'00'- 484.00 0 40 1 N 1 1 38 I ~ 1 c~ _ 1 3 ~ N 36 ~~ 7,43 ACRES 11 1 0 j~~~ II IN c~O1I I°o m '~ C N m ~ vi2 to a~i O ~ --~`..-_. ain Y w 1 U H ° 30 ~ ~ cf° ~~ I a --- - ~ o W o 28 i a w 5.1,6 ~5~~'' Z ~ ~ --- c 50 Op'i~At, I = 26 ; ~' ~4'C ,~~-~~,6 one<l = o __ L~/~ ~6~ Nt \ ~~E a ~.~~. l I o c 24 i~ \iG~P'LA P~p6 1 v III o' \S~' e X17' 1 O QP,G\F\ ~ I O ~ 1 0 gyp, 2 2 1 ~ ~ 1 ~ ~`/' I mom, I ~ o p G~oo~ 5~ 20 1 ~ 1 o w = `p 1 1 N ~ '~ 18 I 12.77 ACRES I 1 5, a I o ~~ 16 al Z _.__ __. Im U 1I 14 la ~ of Q c n o YI _ o a tnl m ,,, J 12 Ib ~ n 3 10 In ~ _ I 1 7.43 ACRES - 8 1 ~ 12.77 ACRES I ~pQOV~ jq - -- __-I ~ 20.2- 4~RES I `r UC9~ ~~ 6 1 1 M10FBBa0NAL __-__ i 1 ~r L.Ata aumEron NO. t~8 1 EASEMENT 'O" (400 SO,fT.) 15S/5.10 S ~ 1 2 IN FAVOR OF 1 6530.Bn E yq~'q / I, V•$ I L (SEE HNSE71 'N TELEPHONE CO., LTDI ~HALAF ~ _ HAIHAI I - I S~R E~'~4 MAP SH0IIING EASEMENT "A" (20 FEET 111DE) 1N FAVOR OF THIS WORK WAS PREPARED BY ME GTE HAl1AIIAN TELEPHONE CO., LTD. RR UND~UP, VISION. AFFECTING LOT 807-A 1 GRANT 8907 AND CRANT 12422 '~'~` ,~, _ MAL4REA HOMESTEAD LOTS, lit SERIES TMK: 2-4-16• 1 LICENSED PROFESSIONAL LAND SURYEYOR 1fAL4.KEA, SOUTH HILO, HARAH Job No. HI-92-769 CERTIFICATE NO. 1566 REV. MARCH 17, 1992 MARCH 2 199: FN. N192789 T AUSTIN, T_SUTSUMI h nSSOCIATES, INC. 8.5"X14 = 0.83 eq. 1 ~ FNOINI"FRS, SURVEYORS HONOLULU, INWNI E406.1 (Rea 8/8aJ ADDITIONAL ,URITY MORTGAGE AND FINANCING ATEMENT KNOW ALL MEN BY THESE PRESENTS: That in order to comply with the provisions of Section 506-3, Hawaii Revised Statutes, and the Uniform Commercial Code and intending to create a mortgage lien under real property law and a security interest under the Uniform Commercial Code, and to further secure and comply with the after-acquired property clause in that certain First Mortgage and Deed of Trust executed on January 15, 1941, on file in the Office of the Assistant Registrar of the Land Court of Hawaii as Document No. 56,356 and recorded in the Bureau of Conveyances of Hawaii in Liber 1613 at page 310, as the same has been and may hereafter be amended, hereinafter referred to as the trust mortgage, which said trust mortgage was last amended by instrument dated September 27,1962, on file as Document No. 297,144, and recorded in said Bureau of Conveyances in Liber 4377 at page 1, GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED, a Hawaii corporation, whose mailing address is P.O. Box 2200, Honolulu, Hawaii 96841, Mortgagor in said trust mortgage, a transmitting utility and ('RANT in the GRANT to which this instrument is attached, does hereby grant, bargain, sell, convey, transfer, assign, mortgage, confirm, warrant, set over and deliver unto HAWAIIAN TRUST COMPANY, LIMITED, a Hawaii corporation, having its principal place of business and post office address at 111 South King Street, Honolulu, Hawaii 96813, the Trustee named in said trust mortgage, as such Trustee under said trust mortgage, as amended, and its successors in trust and assigns, all of its right, title, and interest in and to said document to which this instrument is attached and in and to the property affected thereby, together with all goods which are or are to become fixtures thereon and atl improvements now or hereafter placed thereon, and all additions, purchases and substitutions thereto and therefor, and the reversions, rents, issues, profits and proceeds thereof; TO HAVE AND TO HOLD the same, together with all rights, easements, privileges and appurtenances thereunto or to any part thereof belonging or appertaining unto the said Trustee and its successors in trust and assigns; INTRUST, NEVERTHELESS, under the trusts and subject to the conditions and provisions, including the defeasance clause set forth in said trust mortgage, as amended, and as the same may from time to time hereafter be amended. IN WITNESS WHEREOF, said GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED has caused these presents to be executed in its corporate name by its proper officer~,~,~,its corpor (e s al to bg here nto affixed, all at Honolulu, City and County of Honolulu, State of Hawaii, the ~D"~`day of ~~-r'T~ ,19 ~. GTE HAW I TELEP~HON COMPANY INCO jATED ~ By Its Genera! Mar:a~Fr -operations STATE OF HAWAII ) City and County of Honolulu) ss c~-, Clarke Erskine On this ~~u'~'day of ~~ ~`~ ~ ,19 ~, before me appeare tome personally known, who being by me duly savor ,did say that s/he is the enera Mananer - Operotior~ GTE Hawaiian Telephone Company Incorporated, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was sigr~d e~nd sealed in behalf of said corporation by authority of its Board of Directors, and the said Clarke Erskine acknowledged said instrument to be the free act and deed of said corporation. ~1~' c,</ 45~L~~J ~sL~ Gr V~--, Notary Public, State of Hawaii My Commission expires 4~ri15, 19945, 1994 VOLT Voltelcon Airport Center 3049 Ualena Street, Suite 510 Honolulu, HI 96819 (808)834-2814 FAX (808) 836-3944 Robin Yahiku County Clerk County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Mr. Yahiku: „ __ P. 0. Box 485 Pahala, Hawaii 96777 '92 DEC ~ (~eo'aj 9i8-84o7 OFFIC:= ~i ERK December 5, 199, ,.,,'17A~~ Grant of Perpetual Easement In Favor of GTE Hawaiian Telephone Company Incorporated Within Tax Key 3/2-4-16:01 Hilo Municipal Golf Course Waiakea, Hilo, Hawaii Enclosed is original file copy of signed document for subject easement for your records. I would appreciate it if you would circulate this information with anyone else at the County that might have an interest in the easement. If there are any questions don't hesitate to give me a call! Aloha, l v~ll~J") L~~ ~ ~-rL~L ~c"'~r-y -~ Sandy Padaken Easement Coordinator cc: Gordon Yadao, GTE HTCO, w/out enc. enclosure GY t R08IN J. YAHIKU County Clerk OFFICE OF THE COUNTY CLERK County of Hawaii Hawaii County Building 25 Appuni Stacct Hilo, Hawaii 96720 October 29, 1992 Mr. Clarke Erskine, Gen. Manager Operations Division GTE Hawaiian Tel Co. Inc. P.O. Boa 2200 Honolulu, Hawaii 96841 ROBERTS. SHIOII Deputy County Clerk HARRY A.TAKAHASHI Legislative Auditor On behalf of the Hawaii County Council, it is my pleasure to transmit the attached Resolution No. 451-92 which was adopted on October 21, 1992. ~ \ t ...'~..-'1 Robin ~. Y~hiki CO NTY.CLERK Att. RJY/hkd