HomeMy WebLinkAboutRES 542 Draft 01 1988-1992COUNTY OF HAWA$il ,` xa :~S~ATE OF HAWAII
RESOLUTION No.
~s~3 9~
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,
2-4-02:01, 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, 2-4-02:01, 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, 2-9-02:01, 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 2nd day of
December 1992,
DUCED Y:
i
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hewau
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 December 2 , 1992 .
ATTEST:
`-_~i~
~- ~~,,
,1
~6,QUN~'Y CLERK CHAIRMAN & PRESIDING OFFICER
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAKI
DE LIMA
DOMINGO X
HALE X
Z X
LAI X
MAKUAKANE X
X
SCHUTTE
pWC-~Z1
Reference
RESOLUTION NO. '~~~' `9'~'
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 2-4-02:01 (portion of)
Doc.# N 9a-8C3
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
96841, hereinafter called the "Grantee";
~l~l l ;
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
cabinet and associated facilities and equipment as may be necessary
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 contained 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 ease-
ments to Grantee: Permission to install a pole and wire line,
underground lines, above ground cross connect cabinet and associ-
ated facilities and equipment as may be necessary for the transmis-
sion and distribution of communications and control circuits on
2
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),
known as Lot 1. Said Access Easement A to contain overhead wires,
Equipment Easement B to contain pole and wires, above ground cross
connect cabinets and associated facilities. Both easements are as
as more clearly shown cross hatched on Exhibit "A", attached hereto
and made a part hereof.
2. Installation. Grantee agrees to install all
necessary 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,
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 all appurtenances connected
therewith. Grantee shall also indemnify, defend and save harm-
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.
4. Maintenance. Grantee shall at all times maintain its
3
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
fixtures and all appurtenances connected therewith.
6. Termination. Upon termination of the use, the
easement areas shall be restored to their 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
installation 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 right and easements are hereby granted, or any part thereof,
shall be condemned or taken for any public project by any govern-
mental authority, the Grantee shall have the right to claim and
recover from the condemning authority, but not from the Grantor,
such compensation as is payable for the easements and right of way
and for the pole and wire line, conduits, above ground cross
connect cabinet 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
4
grant of easement as of the day and year first above written.
RECD ND APPROV L:
Charmaine Kamaka, Director
Department of Parks and
Recreation
COUNTY OF HAWAII
By
LORRAINE R. INOUYE
Its Mayor
Grantor
APPROVED AS TO FORM
AND LEGALITY
Deputy Corporation Counse
County of Hawaii
Date:
GTE HAWAIIAN TELEPHONE COMPANY
INCORPORATED
Network Provisioning Dept.
Checked
~~
GTE HAWAIIAN TELEPHONE COMPANY
INCORP
By
Its General Manager - O erations
~rantee
5
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
SS.
SS.
On this ~~day of (~c~i`~.uv 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 and deed of said corporation.
Notary Public
My Commission expires: ApnI5,1994
day of
6
~,
g -:
~~
II
28540'00'
I 10.00 I
WATERLINE $ ~ i~ INSET
EASEMENT 2 N I I NTS
' I 150.00 S.F. I ~ £'
I ~~5`33~~
15368.48 S- -I _ 10.00 _ I 1 h_ ~ _
8333.38E ~ ~ 85'40'00` i } }+ 0 4.
$ t ~~ ~o
°v I d ACCESS ~ I ~'
15378.45 S ^ I raj ppEg F A $ I $ 157.50 ~. ~ m
8334.13 E~-~1 $
_ 180_ _ 10.00 30.OO~F 12 ~50~ - - - -
BS'40'00' 128.80
"- (TO WATERLINE EASEMENT 2)
H A I H A I S T R E E T
2ss 40• oo" -_ _ ss_e.oo KAl'VAILANI STREET
- ---- ---- ----T '---
WATERLINE
i I EASEMENT 6 ~ T ~ ~ ! r
c I il) I~
err ;$
II to
p I ~
1
n} I"-EASEMENT 5
I (15 FT. WIDE) ~ ~
I FOR WATERLINE i
li PURPOSES. I ;RAND I GRANT I 9102 I 1GOR499 I 10 21 I
i
~ ~i ~o I Is~~~~,s
g I ; $ :: 1ST
I - ~ ~0~~ 265' 40' 0 2440.00
85_40 00" ~ ~-----L-----~ ----1-----1•----- u
484.00 ~P\P F,P' ~N
OF ~ ~ o
°ol
I~
m „~..__
ADDITIONf ;URITY MORTGAGE AND FINANCIN +TEMENT
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 Libor 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 Libor
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 ~ AN ~ in the G IdT 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 all
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 saidTrustee 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 office~an its corpor e e I to be here 'n o
affixed, all at Honolulu, City and County of Honolulu, State of Hawaii, the day of 19
GTE HAWA N TE EPHONE COMPANY
INC P RTE
By _
Its enera Ma agar - vparotions
STATE OF HAWAII )
,,mo~dd City and County of Honolulu) ss
Onthisao"`dayof~~~ ,19~beforemeappeared Clarke Erskine tome
personally known, who being by me duly sworn, did say that s/he is thy' ° ^r r,n9naaer - Operationbf 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 signed and 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.
Notary Public, State of Hawaii
My Commission expires ~"I 5, t99a
EIJ~~T 1
NOT TO SCALE
Iss21.7s s
4045.92 E
HALA A
(400 SQ,FT,)
IN FAVOR OF
GTE ~:AWAIIAN TELEPHONE CO., LTD
~ 285'40'00"
20.00'
20.00
__ 8540~0~~~-484y00'_ $tOtB Ot NOWOii
- 2~,~8:00" Executive Order No.
--- -- 0'~---r- ---
1223
285 40 0 ' 494.00
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Loraine R. Inouye
Mayor
Michael J. Matsukawa
Corporation Counsel
;' ` ' ~~-E Office of the Corporation Counsel AssiS ant Corporation C unse,
-._= County of Hawaii • Hilo Lagoon Centre • 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720
-_ -__ - (808) %1-8251 • Fax (808) 969-7049
o ca
~ N
'*i
November 13, 1992 _;-`~ z
c .
_, ~
.. G7
< 1.
-i
-~„
Mr. Robin J. Yahiku ~ __
County Clerk n ~
County of Hawail -_ --
25 Aupuni Street ~; N
Hilo, Hawaii 96720 ~
Dear Mr. Yahiku:
Re: Grant of Easement to GTE Hawaiian Telephone
TMK• 3/2-4-02.01 (Hilo Municipal Golf Course)
Attached is a copy of the above-referenced document.
Please include the document as Exhibit "A" to the resolution I
drafted earlier in the week.
I will approve the original documents as to form and
legality as soon as the County Council approves the resolution
and pass them on to the Mayor for execution.
Thank you for your cooperation in this matter.
Sincerely,
MICHAEL J. MATSUKAWA
Corporation Counsel
By
G ENN H. SHIIGI
Deputy Corporation Counsel
GHS:at
Attachment
9000I
;az '
4
°~a.'_
of Park
Lorraine R Inouye
Mayor
Chatmaine L. Kamaka
Director
r<d Recreation ' ~ ~~ ~P tyRDirector
25 Aupuni Street, Rm. no • Hilo, Hawaii %72(1 • (808) %1-8311 " ~ ,„, j ~ I'I'I `~ i y
S2 MOU 9 Ail 10 5C
` _ „ ~`
,~~.
November 6, 1992 ~ ` " ~ "' " '~'"
b; ,' ,~ HAWAII E.'_a-i.)_
tY o~ -
MEMORANDUM
T0: Mike atsukawa, Corporation Counsel
FROM: Chn~. Kamaka, Director
SUBJECT: Grant oY Perpetual Easement
TMK: 3/2-4-02:01 (Hilo Municipal Go1P Course
Please approve as to form and legality the attached request
Prom VOLT for a grant of perpetual easement.
I understand that you have indicated to Easement Coordinator
Sandy Padaken that you will be drafting a counsel resolution.
Thank you for your anticipated assistance.
Attachment
~/OLT
Volt Information Sciences, Ine.
Voltelcon
3049 Ualena Street, Suite 510
Honolulu, HI 96819-1947
(808)634-2814
FAX (808) 836-3944
November 4, 1992
Charmaine Ramaka
Director, County of Hawaii
Parka and Recreation
25 Aupuni Street
Hilo, Hawaii 96720
Dear Ms. Kamaka:
P. O. Box 485
Pahala, Hawaii 96777
(808) 928-8407
Grant of Perpetual Easement
In Favor of GTE Hawaiian Telephone Company
For Cross Connect Cabinet
Within Tax Key 3/2-4-02:01, (Hilo Municipal Golf Course)
Waiakea, South Hilo, Hawaii
Enclosed are three (3) original revised documents for subject easement.
The size of the easement was adjusted to remove the telecommunication
equipment site away from a County Board of Water Supply 16" pipeline.
Also attached is a letter we received from Board of Water Supply and a
copy of GTE Hawaiian Telephone Company's response assuring Board of
Water Supply that they will comply with the stated conditions.
The format of the document is as per standard form established by
County of Hawaii Corporation Counsel and contains clause that was
requested by Councilman Harry Ruddle. After a review if you find
things to be in order would you please sign where indicated and forward
this packet to Corporation Counsel for further action. I've also
attached a copy of the resolution that was drafted for the first ease-
ment we worked on for tax map key 3/2-4-16:01. Someone from Corpora-
tion Counsel has to draft a resolution to qo along with this easement
and perhaps this format can be used with a change in the tax key num-
ber.
I have also sent a request to Mr. Makuakane's Public Works Commit-
tee/County Council to schedule this easement to be reviewed at their
next meeting on November 16. Anything that you can do to assist me
with this will be greatly appreciated!
Aloha,
Sandy Padaken
Easement Coordinator
cc: Gordon Yadao, GTE HTCO, w/out enc.
enclosures GY
„ J~;~" 19 ~~;
=~~~ ~'°~ Depa~ent of Parr
~ - 25 Aupuni Street, Rm. 210 • Hilo, liar
,~ .
January 15, 1993
V V
s and Recreation
aii~%720 • (8081961-8311
Mr. Robin J. Yahiku
County Clerk, County of Hawaii
25 Aupuni Street,
Hilo, Hawaii 96720
Stephen K. Yamashiro
Mayor
George Yoshida
Di rector
Deputy Director
Subject: Grant of Easement to GTE Hawaiian Telephone Company
Resolution No. 542-92
TMK: 2-04-02:01 (Hilo Municipal Go1P Course)
Dear Mr. Yahiku:
Attached Por your appropriate action is the subject Grant of Easement,
which has been recorded at the Bureau of Conveyances, State of Hawaii
(Document No. 92-209716-717).
Sincerely,
George Yoshida
Director
encl.
cc Dept. of Finance
Orfyind R~wrd~d At
STATE OF HAWAII
BUREAU OF CONVEYANCES
~,e DEC 2 31992
l~oc ~ `~~- aai~ I b--l ~-~
LAND COURT SYSTEM
REGULAR SYSTEM
RETURN BY: MAIL (X) PICKUP ( ) TO:
Office of the Corporation Counsel
County of Hawaii
101 Aupuni Street, Suite 325
Hilo, Hawaii 96720
AFFECTS TAX MAP KEY: THIRD DIVISION 2-4-02:01 (portion of)
GRANT OF EASEMENT
;~ THIS GRANT OF EASEMENT made this `1~ day of
l/tCembea2 1.9 9~ _, 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 buL.iness is 11.77
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
cabinet and associated facilities and equipment as may be necessary
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_Desgx_-pt.ion__of__Prem_ises,_ The Grantor,
in considerat..ion of the sum of nne Dollar ($1.00) to it paid by the
Grantee, the receipt of which i.s acknowledged, and of the covenants
herein contained 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 Base-
men a to Grantee: Permission to install a pole and wire line,
underground lines, above ground r.ross connect: cabinet and associ-
ated facilities and equipment as may be necessary for the transmis-
sion and distribution of communications and control circuits on
2
premises owned by Grantor situate at Hilo Municipal Golf Course,
340 Haihai Street, District of South Hilo, Island, County attd State
of Hawaii, being a portion of Waiakea Homesteads Lots (1st Series),
known as Lot 1. Said Access Easement A to contain overhead wires,
Equipment Easement B to contain pole and wires, above ground cross
connect cabinets and associated facilities. Both easements are as
as more clearly shown cross hatched on Exhibit "A", attached hereto
and made a part. hereof.
2. I_nst,all_a.tion_ Grantee agrees to install all
necessary 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,
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 all appurtenances connected
therewith. Grantee shall also indemnify, defend and save harm-
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.
4. Maintenance. Grantee shall at all times maintain its
3
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
fixtures and all appurtenances connected therewith.
6. Termination,_ Upon termination of the use, the
easement areas shall be restored to their 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
installation 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 right and easements are hereby granted, or any part thereof,
shall be condemned or taken for any public project by any govern-
mental authority, the Grantee shall have the right to r,laim and
recover from the condemning authority, but not from the Grantor,
such r_ompensation as is payable for the easements anal right of way
and fn: the pole and wire line, conduits, above ground cross
connect cabinet. 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
4
grant of easement as of the day and year first above written.
RECOM~ND APPROV~L:
,,
d ~+ ~';~
Chai:maine Kamaka, Director
Department of Parks and
Recreation
COUNTY OF HAWAII
BY e' /
RRA ~R . OU E
Its Mayor
Grantor
APPROVED AS TO FORM
AND EGALITY
//,/ /]
D puty Corporation Co se
County of Hawaii
Date: l~ - 3 -~~
GiE HAWAIIAN TELEPHONE COMPA;Jy
INCU2PORA1'EG
N2hvork Provisioning Depf.
Checked
Approved
GTE HAWAIIAN TELEPHONE COMPANY
INCORP
By .
Its General Manager • O erations
~rantee
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 t_he COUNTY
of HAWAII, a municipal corporation of the State of Hawaii; that the
seal affixed to this document. is the corporate seal of said capora-
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 ~J~~day of
appeared Clarke Erskine
19~, before me
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 and deed of said corporation. / //{~'/7
~4if~C.w.-LJ /I~~~i J ~I~. xLs.~2~l--. L.a.-.~-.
Notary Public
My Commission expires: APri15,1994
day of
SS.
(S~C~r-U-L c,-
SS.
6
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
+h
On this ~ day of ~ «t~ 19~ ~, 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 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 LORRAINE R. INOUYE
acknowledged said instrument to be the free act and deed of
said County of Hawaii.
-e~v-r, y ~,t,w,~~ _
Notary P lic, State of Hawaii
My commission expires: ±' ~ ~'~~
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H A I H A I S T R E E T
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HILO MUNICIPAL GOLF COURSE I°o,
GOVERNOR'S EXECUTIVE ORDER Nn +~~~
E4 p01 (Rev. B/BB)
ADDITIONA =CURITY MORTGAGE AND FINANCIN -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 ('RAN 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 documentto 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 all
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 office~8nd its corporate eql to be hereon o
affixed, all at Honolulu, City and County of Honolulu, State of Hawaii, the Cahn day of _ ~Ai~,19
GTE HAWAI N T~EPHONE COMPANY
INC P RTE
i ~ i
By
Its enera Iv1o ,uyer - ~.~:arations
STATE OF HAWAII )
City and County of Honolulu) ss
~~~ ~~,~,~ ~;~ PP Clarke Erskine tome
On this day of ,19 _, before me a eared
personally known, who being by me duly sworn, did say that s/he is thrf=°^°'^r ~nnnaaer Ogerotionbf 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 signed and sealed in behalf of said corporation
by authority of its Board of Directors, and the said Clarke Frskir,e acknowledged said
instrument to be the free act and deed of said corporation.
p~ ~,~
Notary Public, State of Hawaii
My Commission expires `a'ril 5, i99a