HomeMy WebLinkAboutRES 102 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 102 99
RESOLUTION AUTHORIZING THE GRANT OF EASEMENT FOR A UTILITY
EASEMENT TO GTE HAWAIIAN TELEPHONE COMPANY, INCORPORATED, AT THE
OLD J.C. PENNEY PREMISES AT THE KAIKO'O MALL SHOPPING CENTER, DISTRICT
OF SOUTH HILO, ISLAND, COUNTY AND STATE OF HAWAII, BEING A PORTION OF
TAX MAP KEY NO. (3)2-2-15-033, TO GTE HAWAIIAN TELEPHONE COMPANY,
INCORPORATED.
WHEREAS, the County of Hawaii is the owner of those certain premises known as the
old J.C. Penney building, at the Kaiko'o Mall Shopping Center, situate in the District of South
Hilo, Island, County and State of Hawaii, being a portion of Tax Map Key (3)2-2-15-033; and
WHEREAS, GTE Hawaiian Telephone Company, Incorporated is the holder of a utility
grant of easement to build, construct, reconstruct, rebuild, repair, maintain and operate
underground lines and above ground cross-connect cabinet and to use such conduits and cabinet
for the transmission and distribution of electricity to be used for communications and control
circuits, and including also the right of entry upon the premises for the construction,
maintenance, repair and operation of said underground lines and cabinet, in efficient use and
condition over, under, upon, across and through the County's property at the Kaiko'o Mall, said
easement being more particularly delineated on Exhibit "A" (map) prepared by GTE Hawaiian
Telephone Company, Incorporated; and
WHEREAS, as part of the settlement in Civil No. 96-565, which is the condemnation
action for the J.C. Penney building, the County is offering to continue the grant of easement to
GTE Hawaiian Telephone Company, Incorporated, in return for its stipulation to settle the case;
and
WHEREAS, Section 2-111 of the Hawaii County Code requires that the Council, by
resolution, authorize the Grant of Easement from the County of Hawaii, subject, however, to
reversion to the County of Hawaii upon termination or abandonment of the easement for the
specific purposes for which it was granted.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII, in accordance with Section 2-111 of the Hawaii County Code, that the County of
Hawaii authorizes a grant of easement for the construction, reconstruction, repair, maintenance
and operation of underground lines and above ground cross-connect cabinet for the transmission
and distribution of electricity to be used for communications and control circuits, to GTE
Hawaiian Telephone Company, Incorporated, as delineated on the map submitted by GTE
Hawaiian Telephone Company, Incorporated attached hereto, over Tax Map Key (3)2-2-15-033,
until termination or abandonment of that specific purpose.
DATED: Hilo, Hawaii, July 28, 1999
INTI{~ODUCED BY:
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COUNCIL MEMBE O T , OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii Aves NOES ABS Ex
ARAKAKI
I hereby certify that the foregoing RESOLUTION was by the CHUNG g
vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF x
the County of Hawaii on ,Tutu 2R, 1999 JACOBSON X
ATTEST: LEITHEAD-T'ODD
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TYLER X
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i_SL/ Reference C-331/PFI&PC - 35
102 99
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO.
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