The URL can be used to link to this page

Home My WebLink AboutRES 027 Draft 02 1998-2000 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0. ~ 7 ~ 9 (DRAFT 2) RESOLUTION AUTHORIZING THE AMENDMENT OF GRANT OF EASEMENT DATED APRIL 15, 1993 TO BIG ISLFiND RADIO SITUATE AT PEPEEKEO AND MAKAHANALOA, SOUTH HILO, HAWAII, TMK: 3RD/2-8-07:70(PORTION). WHEREAS, the County of Hawaii is the owner of that certain parcel of land described as the Kulaimano Park Site situate at Pepeekeo and Makahanaloa, South Hilo, Hawaii, further identified as Tax Map Key: 3`d/2-8-07:70, more particularly described in Exhibit "A," attached hereto and made a part hereof; and WHEREAS, said county property is subject to a perpetual, non-exclusive easement for road and utility purposes, said easement, a portion of the area more commonly referred to as Puu Alala, and more particularly described in Exhibit "B," attached hereto and made a part hereof; and WHEREAS, by Resolution No. 38-93, adopted on April 7, 1993, the Mayor was authorized to execute a grant of easement over the area described in Exhibit "B" in favor of the Big Island Broadcasting Company, Ltd., a Hawaii corporation, for the purpose of maintaining and operating a radio communications facility at Puu Alala; and WHEREAS, a grant of easement dated April 15, 1993 was executed to Big Island Broadcasting Company, Ltd., a Hawaii corporation; and WHEREAS, by Assignment of Easement dated June 2, 1997 and consented to on June 25, 1997, the subject Grant of Easement was assigned from Big Island Broadcasting Company, Ltd., a Hawaii corporation to Big Island Radio, a Hawaii limited partnership; and WHEREAS, Puu Alala currently houses several communication towers including a tower owned by the County of Hawaii for use by the Police Department, Fire Department and Department of Water Supply, an old Mauna Kea Sugar Company, Inc. tower now used by Western Pacific Communications for 2-way radio purposes, a new pole owned by Mobile One for paging service, and a 120 foot tower owned by Big Island Radio for its FM radio station; and WHEREAS, Big Island Radio would like to improve its FM signal coverage and proposes to construct a new 195 foot tower; and WHEREAS, news of Big Island Radio's proposed new tower construction has attracted inquiries from several cellular companies expressing an interest to locate their antennas on the new tower; and WHEREAS, the proposed 195 foot tower will be capable of accommodating up to ten (10) additional users, each requiring about a 10' x 10' to 15' x 15' area of ground space for an enclosure to house their equipment; and WHEREAS, the co-location of antennas at one site is preferable over the proliferation of towers within a geographically strategic community; and WHEREAS, the existing towers and pole makes the Puu Alala site the best choice for expansion along the Hilo Coast to accommodate the near term needs of the telecommunications industry; and WHEREAS, the recent land surveys for the new Department of Water Supply tower and building has disclosed that certain existing facilities at Puu Alala are not within the original area encumbered under that certain grant of easement dated April 15, 1993 currently encumbered to Big Island Radio; and WHEREAS, an amendment to that certain grant of easement dated April 15, 1993 currently encumbered to Big Island Radio will resolve the problem of encroachment outside of the original easement area and will provide additional area required for ground space for the additional users of the proposed 195-foot tower. NOW THEREFORE, QE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the Finance Director or his authorized representative, is hereby authorized to amend that certain Grant of Easement dated April 15, 1993 currently encumbered to Big Island Radio to resolve the encroachment problem and to provide additional ground space for the additional users of the proposed 195 foot tower subject to but not limited to the following terms and conditions: 1. A provision allowing for the sublease, permit or use of space by others on the existing tower or any other tower which may be constructed by Big Island Radio, its successors or assigns at Puu Alala, subject to consent by the County of Hawaii. 2. A provision requiring the payment by Big Island Radio, its successors or assigns to the County of Hawaii, on a monthly basis, of twenty percent (20%) of the gross compensation received, by Big Island Radio, its successors or assigns from any sub-lessee, permittee, or user of space on the tower(s) situate at the subject site together with an itemized statement. Information on the statement shall include but not be limited to the name of the sub-lessee, the sub-lessee's monthly payment, the 20% monthly payment due to the County of Hawaii and the total payment due to the County of Hawaii. 3. A provision requiring that Big Island Radio, its successors, assigns, sub-lessees, permittees, renters or users of space shall not use or affect the subject property in any way which interferes with the existing or future telecommunications operations or any other operations of the County of Hawaii or its agencies. 4. A provision reserving to the County of Hawaii, the right to further grant and convey to others, easement rights over, under and across the subject property without the consent of Big Island Radio, its successors or assigns. The provision shall provide that such right will be exercised in such a manner that will not intertere unreasonably with the operations of Big Island Radio, its successors or assigns. 5. A provision that it shall be the responsibility of Big Island Radio to apply for and obtain at Big Island Radio's cost and expense, all governmental approvals, permits and licenses necessary to Big Island Radio's use of the subject premises. . 6. A provision that Big Island Radio, its successors or assigns, shall provide to the County of Hawaii, at no cost or expense, a first priority space anywhere on the proposed 195-foot tower except within the top eighty (80) feet of said tower, anywhere on the existing 120-foot tower upon the timely relocation of the existing equipment, or on one of its supporting booms, together with sufficient ground space, for the telecommunication requirements of the County of Hawaii. Said space selections shall be conducted in a timely manner and shall be at the sole determination of the County of Hawaii. 7. A provision that Big Island Radio, its successors or assigns, and its sublessees, permittees or users of space, shall fully comply with all applicable statutes, laws, ordinances, rotes and regulations concerning worker safety and health during periods of construction, re-construction, repair and/or maintenance on the subject premises. 8. Such other terms and conditions which are in the best interest of the County of Hawaii. BE IT FURTHER RESOLVED, that the Clerk of the County of Hawaii transmit copies of this resolution to the Honorable Stephen K. Yamashiro, Mayor of the County of Hawaii, and to Hugh E. Gordon, General Manager of Big Island Radio. Dated at Hilo, Hawaii, this 17tH day of February , 1999. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii ARAKAICI X CHUNG X I hereby certify that the foregoing RESOLUTION was by ELARIONOFF the vote indicated to the right hereof adopted by the COUNCIL of the )ACOBSON X County of Hawaii on February 17, 1999 LEITHEAD-TODD ATTEST: PISICCHIO X SMITH X TYLER X ~ YAGONG X: 9 0 0 0 CLERK CHAIRMAN & PRESIDING OFFICER Reference: C-89. 01/FC-34 C~ 9 (DRAFT 2 ) RESOLUTION NO. Y.ULAIMANO PARK SITE Comprised of Lot A-1 (Being a portion of Kulaimano Heights, Unit IX); Parcel "A" (Beings portions of Lot 2, Kulaimano Heights Community Center Subdivision, and, Alia Street, Kulaimano Heights, Unit IX); and, Parcel "B" (Being portion of Loea Street, Kulaimano Heights, Unit IX). Being Portions of R.P. 7192, L.C. Aw. 8559-B, Apana 17 and 18 to William C. Lunalilo Situate at Pepeekeo and Makahanaloa, South Hilo, Island of Hawaii, Hawaii Beginning at the east corner of this parcel of land, at the center of Waimaauou Stream, at the northwest corner of Lot 2-A of Kulaimano Heights Community Center Subdivision, the coordinates of said point of beginning referred to Government Survey Triangulation Staion •ALALA" being 192.80 feet North and 868.57 feet East, and running by azimuths measured clockwise from True South: 1. 7°38'30" 570.52 feet along Lot 2-A, Kulaimano Heights Community Center Subdivision; 2. 345°04' 173.26 feet along Lot 2-A, Kulaimano Heights Community Center Subdivision and Alia Street; 3. 75°04' 50.00 feet along Alia Street; ' 4. 165°04' 52.99 feet along Alia Street; Thence along the center of an un- named stream for the next two (2) courses, the direct azimuths and distances being: S. 78°39'30" 36.62 feet along Alia Street; 6. 82°53'50" 445.61 feet along Lota 2, 3, 4, 5, 6, 7 and Loea Street, Kulaimano Heights, Unit IX; 7. 345°04' 31.00 feet along Loea Street; y~ „ B. 75°04' 50.00 feet along Loea Street; 9. 165°04' 37.00 feet along Loea Street; Thence along the center of an un- named stream for the next three (3) courses, the direct azimuths and distances being: 10. 88°35'10" 259.16 feet along Loea Street and Lots 8, 13 and 14, Kulaimano Heights, Unit IX; 11. 77°19'20" 264.58 feet along Lots 14, 15 and 16, Kulaimano Heights, Unit IX; 12. 46°00'20" 153.14 feet along Lot 20, Kulaimano Heights, Unit IX; 13. 48°26' 17.00 feet along Lot 20, Kulaimano Heights, Unit IX; 14. 140°42'30" 434.00 feet along Lot A-2, Kulaimano Heights, Unit IX; 15. 214°03'30" 228.69 feet along Lot A-2, Kulaimano Heights, Unit IX; 16. 242°OS' 383.53 feet along Lot A-2, Kulaimano Heights, Unit IX; 17. 167°06'30• 340.04 feet along Lot A-2, Kulaimano Heights, Unit IX; 18. 289°48'30" 432.00 feet along Lot A-2, Kulaimano Heighta, Unit IX; 19. 246°51' 586.00 feet along Lot A-2, Kulaimano Heights, Unit IX to the center of Waimaauou Stream; 20. 313°45'30" 212.00 feet along the center of Waimaauou Stream, along Lot 3, Kulaimano Heighta, Unit VIII, Increment 2; 21. 300°44' 54.21 feet along the center of Waimaauou Stream, along Lot 3, Kulaimano Heights, Unit VIII, Increment 2 to the point of beginning and containing an area of 23.437 Acres. Department of Public Works ~pM' MA7S+G Engineering Division =P ~G County of Hawaii p LICENSED D: PROFESSIONAL LAND SURVEYOR p No. Q830 h, onald M. Matsumura '~lyAn V5~ Licensed Professional Land Surveyor No. 5630 Hilo, Hawaii Jan. 20, 1993 TMK: 2-8-07:70 Note: Compiled from Murray Smith and Associates maps dated Sept. 29, 1976 and March 6, 1976 (revised Feb. 13, 1978). ROAD AND UTILITY EASEMENT Being a Portion of Lot A-1, Kulaimano Heights, Unit IX, Being also a Portion of R.P. 7192, L.C. Aw. 8559-B, Apanas 17 and 18 to William C. Lunalilo Situate at Pepeekeo and Makahanaloa, South Hilo, Island of Hawaii, Hawaii Beginning at the northwest corner of this easement parcel, on the northwestern boundary of Lot A-1, Kulaimano Heights, Unit IX, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 123.14 feet North and 239.74 feet West and running by azimuths measured clockwise from True South: 1. 241°22' 47.60 feet; Thence along a curve to the right having a radius of 115.00 feet, the chord azimuth and distance being: 2. 250°38' 37.04 feet; 3. 259°54' 73.62 feet; Thence along a curve to the right having a radius of 55.00 feet, the chord azimuth and distance being: 4. 315°11' 90.42 feet; S. 10°28' 120.76 feet; Thence along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being: 6. 358°18'15" 12.64 feet; 7. 245°59' 48.86 feet; 8. 336°18' 136.30 feet; 9. 90°08' 121.50 feet; 10. 135°50' 72.50 feet; 11. 179°26' 20.19 feet; 12. 245°59' 49.46 feet; Thence along a curve to the right having a radius of 60.00 feet, the chord azimuth and distance being: 13. 175°45'18" 30.47 feet; 14. 190°28' 120.76 feet: Thence along a curve to the left having a radius of 25.00 feet, the chord azimuth and distance being: 15. 135°11' 41.10 feet; 16. 79°54' 73.62 feet; Thence along a curve to the left having a radius of 85.00 feat, the chord azimuth and distance being: 17. 70°38' 27.38 feet; 1B. 61°22' 56.05 feet; 19. 167°06'30" 31.17 feet to the point of beginning and containing an area of 24,970 feet. Department of Public Works o~p, MAT Engineering Division O2Q~, ,yG County of Hawaii LICENSED ~ PROFESSIONAL ~'.t /~Cr~ „ A I/~~/` LAND SURVEYOR ^`,`r'lY/Y/N/`/ * * Ronald M. Matsumura y,~wA".v~N Licensed Professional Land Surveyor No. 5630 Hilo, Hawaii Jan. 20, 1993 . f. A J^ Q~ rsoee.raf ~eT f • , i i. Ysaofr ~ ` O 'S , O.OflAJ ! GG / \ O C~ f fl L !.lOGM Jr~ r, r.. - / . ~ .Y.....,i t • tO. 't3 7 A~ ~ ~ ti • 5..~.~ c.., ~~~r..., ~ rte. J. •~'fOAcs ~ e ~ ; S wI . ~ ~r O O ~ ~ ,rNra lM ` ~ ~ r ~ i w ~ ~ J` ~!7 sis~ Y y r ; I~ t~ ~ ~ ; 67 ~y~ c V..w> f r c4i~~ 1 ~ ~ ~ •~~r~H•4M0 /1r • o ~ t i j i~ K f U ~.J A M .4 1 ,i IALOA ~ pE PEL~KEO, f S. HI LO