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HomeMy WebLinkAboutRES 243 Draft 03 1998-2000 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 243 (Draft 3) RELATING TO THE EXCHANGE OF REAL PROPERTY LOCATED AT KEAUHOU, DISTRICT OF NORTH KONA, COUNTY OF HAWAII FOR REAL PROPERTY LOCATED AT HONOHONONUI, DISTRICT OF SOUTH HILO, COUNTY OF HAWAII; TO THE QUITCLAIM CONVEYANCE OF THE KEAUHOU SEWAGE COLLECTION SYSTEM LOCATED AT KEAUHOU, DISTRICT OF NORTH KONA, COUNTY OF HAWAII; TO THE GRANTING OF SEWER LINE EASEMENTS INCOUNTY-OWNED ROAD RIGHTS-OF-WAY LOCATED AT KEAUHOU, DISTRICT OF NORTH KONA, COUNTY OF HAWAII; AND TO THE QUITCLAIM CONVEYANCE OF, AND THE GRANTING OF EASEMENTS FOR, THE KAHALUU BEACH PARK SEWAGE PUMPING STATION AND APPURTENANT FORCE MAIN. WHEREAS, Resolution No. 466-92 of the County Council, adopted June 17, 1992, directed the County Director of Finance to (i) negotiate the exchange of the County of Hawaii's fee simple interest in and to the Heeia Wastewater Treatment Plant site, located at Keauhou, Kona, identified as TMK:(3)7-8-10:37 (the "Heeia WTP") for the grant of a sewer line easement from the Trustees of the Estate of Bernice Pauahi Bishop at Honohononui, South Hilo, through real property identified as TMK:(3)2-1- 13:146 and 147 (the "Bishop Estate real property"), and (ii) to submit to the County Council for its approval and consent the negotiated terms, conditions and documents of conveyance; and WHEREAS, Resolution No. 154-93 of the County Council, adopted February 9, 1994, directed the County Director of Finance to terminate negotiations for the exchange of the Heeia WTP for an easement through the Bishop Estate real property and to hold such negotiations in abeyance until pending litigation related to the matter was settled; and WHEREAS, the action entitled Keauhou Master Homeowners Association. et al. v. County of Hawaii et al., Civil No. 95-006K, Third Circuit Court, State of Hawaii (the "lawsuit"), has been settled by the parties; and WHEREAS, in settlement of the lawsuit the County of Hawaii has agreed to: (i) complete the above-mentioned exchange, without charge to the Trustees of the Estate of Bernice Pauahi Bishop, (ii) convey by quitclaim bill of sale to Keauhou Community Services, Inc., a Hawaii corporation which is a public utility regulated by the Public Utilities Commission ("KCS"), all right, title and interest that the County of Hawaii may have, if any, in and to the Keauhou sewage collection system (consisting of gravity mains, force mains, sewage pumping stations and appurtenances) located at Keauhou, North Kona, without charge to KCS, (iii) grant sewer line easements to KCS for the Keauhou sewage collection system facilities located within County-owned road rights of way at Keauhou, North Kona, without charge to KCS, (iv) to convey by quitclaim bill of sale to KCS all right, title and interest that the County of Hawaii may have in and to the Kahaluu Beach Park sewage pumping station and appurtenant force main, without charge to KCS, and (v) grant an easement to KCS for the area within Kahaluu Beach Park occupied by the Kahaluu Beach Park sewage pumping station and appurtenant force main, without charge to KCS; and WHEREAS, pursuant to section 46-66, Hawaii Revised Statutes, the -2- County may, subject to the approval of the County Council, grant easements for public utility purposes by negotiation without public auction; and, WHEREAS, pursuant to section 2-114, Hawaii County Code, real property may be sold or leased through negotiation upon a finding by the County Council that the public interest demands it; and, WHEREAS, the County Council finds that the public interest demands that the aforesaid easements to KCS for sewer line and sewage pumping station purposes be granted through negotiation. NOW THEREFORE, be it Resolved by the County Council of the County of Hawaii as follows: 1. The exchange of the County of Hawaii's fee interest in the Heeia WTP site for the grant of the sewer line easement through the Bishop Estate real property from the Trustees of the Estate of Bernice Pauahi Bishop, anon-profit organization, is approved and consented to, without charge to said Trustees. 2. The conveyance by quitclaim bill of sale to Keauhou Community Services, Inc., a Hawaii corporation which is a public utility regulated by the Public Utilities Commission ("KCS"), of all right, title and interest that the County of Hawaii may have, if any, in and to the Keauhou sewage collection system (consisting of gravity mains, force mains, sewage pumping stations and appurtenances) located at Keauhou, North Kona, is approved and consented to, without charge to KCS. -3- 3. The grant of sewer line easements to KCS for the Keauhou sewage collection system facilities located within County-owned road rights of way at Keauhou, North Kona, is approved and consented to, without charge to KCS. These easements may include, but not be limited to, easements covering the following Keauhou sewage collection system facilities referred to in that certain October 15, 1999 R.M. Towill Corporation Memorandum to Price Okamoto Himeno & Lum: (1) No. 1 -Sewer Line 8-B (2) No. 3 - Kahaluu Sewer Force Main (FM); (3) No. 8 -Sewer Line 1-B; (4) No. 9 -Sewer Force Main 6; (5) No. 10 -Sewer Line 3-B; (6) No. 11 -Sewer Line 4-B; (7) No. 12 -Sewer Line 3-A; (8) No. 13 -Sewer Line 11-A; (9) No. 17 -Sewer Line SA; (10) No. 18 - Heeia Force Main; (11) No. 21 - Hoei Gravity Sewer Line; (12) No. 24 -Force Main, Keauhou Sewage System Phase II; (13) No. 25 -Gravity Sewer Lines, Keauhou Sewage System, Phase II; -4- (14) No. 26 -Keauhou Shopping Village Offsite Sewer Line; (15) No. 27 -Sewer Line A, Keauhou Resort, Phase II Infrastructure System; (16) No. 28 -Sewer Line B, Keauhou Resort, Phase II Infrastructure System; (17) No. 31 - Makolea Street Gravity Sewer Line; and (18) No. 33 - Alii Drive Sewer Improvements Phase 2A. 4. The conveyance by quitclaim bill of sale to KCS of all right, title and interest that the County of Hawaii may have in and to the Kahaluu Beach Park sewage pumping station and appurtenant force main is approved and consented to, without charge to KCS. 5. The grant by the County of Hawaii to KCS of an easement for the area within Kahaluu Beach Park occupied by the Kahaluu Beach Park sewage pumping station and appurtenant force main is approved and consented to, without charge to KCS. 6. The documents of conveyance necessary to accomplish the foregoing, copies of which were submitted by the Corporation Counsel by letter dated August 28, 2000 (Communication No. 739.004) are approved and consented to, and the Mayor is authorized to execute and deliver the same on behalf of the County of Hawaii. 7. The County Clerk shall transmit copies of this resolution to the Keauhou Master Homeowners Association, Trustees of the Estate of Bernice Pauahi Bishop and -s- Keauhou Community Services, Inc. Dated at Hilo, Hawaii, this 4th day of october , 2000. I trodu ed h 1\ y~~\ Co~tnc' Member, County of Hawaii COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI X I hereby certify that the foregoing RESOLUTION was by the CxuNG X vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X the County ofAawai`ion October 4, 2000 JACOBSON g LEITHEAD-TODD X ATTEST: pISICCHIO X SMITH X TYLER ~ YAGONG g o _ 9 0 0 0 ~ Reference C-739.006/P-Council 243 0® COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. (Draft 3 ) REGULAR SYSTEM LAND COURT AFTER RECORDATION, RETURN BY: MAIL PICK-UP ( ) (Total Document Pages = 73) EASEMENT THIS INDENTURE, made this day of , 2000, but effective as of , 19_, by and between The TRUSTEES OF THE ESTATE OF BERNICE PAUAHI BISHOP, hereinafter called the "Grantor', and the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "Grantee". WITNESSETH: That the Grantor, in consideration of the sum of ONE DOLLAR ($1.00), to it paid by the Grantee, the receipt of which is hereby acknowledged, and of the covenants of the Grarrtee as hereinafter contained, does hereby grant, bargain, sell and convey unto the Grantee, its legal successors and permitted assigns, the right in the nature of a perpetual non~xGusive easement for an underground sewer pipe line or pipe lines, as part of Grantee's municipal sewer system, through, under and across the real property described in Exhibit "A", attached hereto and incorporated herein, and as shown on the maps attached hereto as Exhibit "B" and made a part hereof, hereinafter referred to as the "easement area". TOGETHER with the right of ingress and egress thereto and therefrom over the Grantor's adjoining land for the purpose of operating, maintaining and replacing said sewer pipe lines. TOGETHER with the right to construct, reconstruct, install, maintain, operate, repair and remove from the easement area, such sewer pipe line or pipe lines, manholes and other equipment as the Grantee shall deem necessary or expedient for the proper maintenance, operation or repair of said sewer system. TO HAVE AND TO HOLD unto the Grantee, its successors and permitted assigns for the aforesaid purposes, forever. The parties hereto do mutually covenant and agree as follows: 1. The Grantor shall not at any time during the term of this indenture erect or place any building foundation of any kind below the surface of the easement area, or at ai ;y time erect or place any building or structure of any kind, other than walls, fences, roads, walks, curbs or appurtenances thereof, above or on the surface of the easement area, unless said building, structure or building foundation shall be first approved by the Grantee; provided, however, that this provision shall not prohibit the -2- Grantor from planting or maintaining grass, shrubs and similar plants within the easement area, or from laying, operating, maintaining, repairing or removing Grantor's own water or sewer pipe lines, conduits or drains on or below the surtace of the easement area insofar as such uses do not interfere with the exercise by the Grantee of the rights herein granted; 2. After the completion of any construction, reconstruction, maintenance, operation, repair or removal work by the Grantee, the Grantee shall restore the surface of the ground within the easement area to its original condition to the extent that such restoration is reasonably possible. 3. The aesthetics of all facilities and equipment constructed by Grantee on the surtace of the easement area shall be in conformance with the landscaping of the surrounding area so that it shall be unobtrusive and blend in with the surroundings. The facilities must be constructed and maintained in strict accordance with the building and landscaping plans reviewed and approved by Grantor in writing. No deviations from said building and landscaping plans shall be permitted without the prior written consent of the Grantor. 4. The Grantee shall take every reasonable precaution to preserve and leave unaltered all places within the easement area, if any, of historic and/or archaeological interest, including without limitation structures and sites listed or eligible ~r listing on the Hawaii State Register of Historic Places and/or the National Register of Historic Places, ponds, reservoirs, heiau, altars, agricultural terraces, lo'i, walls, auwai, house platforms, imu, petroglyph sites, cemeteries; and all objects, if any, of historic and/or archaeological interest, including without limitation antiquities and -3- specimens of Hawaiian or other ancient art or handicraft which may be found on or below the surface of the easement area. In addition to the above, subject to the amendment of applicable laws governing the matters set forth in this section, and unless waived in writing by the Grantor, the Grantee shall be responsible to perform the following duties: a. In the event any human remains and/or artifacts (collectively "items") are discovered on or below the surtace of the easement area, the Grantee shall, at the Grantee's sole expense and subject to the approval of Grantor, be responsible to: (1) cause all excavation in the easement area which may damage the items and the potential historic site to cease; (2) cause the site to be stabilized and secured to temporarily protect the items against damage and/or theft; (3) cause the items to be left untouched so that their archaeological context may be accurately documented; provided, however, that rf artifacts are found without human remains, if leaving the artifacts in their stabilized and secured site will pose a substantial risk of loss or damage to all or part of the artifacts, and if removal of the artifacts is therefore necessary, then the Grantee shall cause such removal and shall cause any tampering with the artifact and site to be minimized as much as possible; and (4) cause the discovery to be reported immediately to Grantor. b. In the case of the discovery of human remains, the Grantee shall, at the Gi untee's sole expense and in addition to the duties set forth in subparagraph "a" above, cause to be prepared and executed a mitigation plan acceptable to Grantor and to the government agencies possessing jurisdiction over such matters. The Grantee shall also be responsible to obtain written verification that -1i- the mitigation plan has been completed. c. In the event any archaeological studies or historic preservation studies are sought to lie conducted in or on the easement area, by the Grantee or anyone acting by or through the Grantee, the Grantee shall not permit said studies to be commenced without the prior written consent of Grantor, and shall upon completion of such studies cause a complete copy thereof to be provided to Grantor at the earliest opportunity. d. Grantor reserves the right at all times to enter the easement area for the purposes of searching for, exploring for, and removing such items for preservation as permitted by law. 5. Grantee shall not cause or permit the easement area to be in violation of any Hazardous Materials Laws (as hereinafter defined). Grantee shall immediately advise Grantor in writing of Grantee's discovery of any occurrence or condition in the easement area or adjoining properties relating to Hazardous Materials Laws. Grantee shall not cause or permit any Hazardous Materials (as hereinafter defined) to exist on, under or about the easement area. Grantee shall indemnify Grantor its successors in trust and assigns, from and against any loss, damage, cost (including, without limitation, all reasonable attorney's fees), expense or liability directly or indirectly arising out of or attributable to the use, storage, handling, release, threatened release, disposal or presence of Hazardous Materials on, under or about the easement area, resulting or occurring on or after the date of commencement of construction by Grantee of its sewer pipe line or pipe lines within the easement area. The indemnification provision contained in this paragraph shall survive the term of this -5- instrument. a. The term "Hazardous Materials Laws" as used in this instrument shall mean all federal, state or local laws, ordinances w regulations, now or hereafter in effect, relating to environmental conditions, industrial hygiene or Hazardous Materials on, within, under or about the easement area or any improvements thereon. b. The term "Hazardous Materials" as used in this instrument shall mean any and all radioactive materials, asbestos, organic compounds known as polychlorinated biphenyls, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic substances, and any and all other substances or materials defined as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous materials", or "toxic substances", under any Hazardous Materials Laws. 6. Except as otherwise herein provided, the Grantee shall indemnify and save harmless the Grantor against loss or damage to the property of the Grantor or to the property of others situated outside of the easement area, and from liability for injury to or death of persons in the manner provided by law when such loss, damage, injury or death arises or proximately results from the negligence of the Grantee, its officers, agents or servants. 7. The Grantee shall not assign any right herein granted or otherwise given, except to a successor or permitted assign, without the written consent of the Grantor; 8. Any sewer pipe line or pipe lines, manholes or other appurtenant -6- equipment constructed, reconstructed or installed within the easement area and maintained, operated or repaired by the Grantee shall be and remain the property of the Grantee. 9. In the event the Grantee shall at any time completely remove its sewer pipe line or pipe lines and other sewage collection facilities from the easement area and shall, for a period of two (2) or more consecutive years, fail to reinstall any sewer pipe line through, under or across the easement area, or shall for a like period cease to maintain or operate a sewer system through, under or across the easement area, then upon the request of Grantor, Grantee shall execute an instrument remising, releasing and quitclaiming unto Grantor all rights granted to Grantee herein and all right, title and interest of Grantee in and to the easement area. 10. This instrument shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors, successors in trust and permitted assigns. 11. The undersigned Trustees of the Estate of Bemire Pauahi Bishop have executed this instrument in their fiduciary capacity as Trustees of the Estate of Bemire Pauahi Bishop, and not in their individual capacities. No personal liability or obligation under this Instrument shall be imposed or assessed against the Trustees in their individual capacities. -7- IN WITNESS WHEREOF, the parties hereto have executed these presents as of the day and year first above written. TRUSTEES OF THE ESTATE OF BERNICE PAUAHI BISHOP By Its By Its By Its GRANTOR COUNTY OF HAWAII By Its GRANTEE APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel County of Hawaii -8- STATE OF HAWAII ) ss. CITY AND COUNTY OF HONOLULU ) On this day of , 2000, before me personally appeared and ,three of the Trustees of the Estate of Bernice Pauahi Bishop, to me known (or who have proven to me on the basis of satisfactory evidence) to be the persons described in and who severally executed the foregoing instrument in their capacities as Trustees, and severally acknowledged that they executed the same as their free act and deed as such Trustees. (Notary's signature) Notary Public, State of Hawaii (Print Name) My commission expires: STATE OF HAWAII ) ss. COUNTY OF HAWAII ) On this day of , 2000, before me personally appeared , to me known (or who has proven to me on the basis of satisfactory evidence) to be the person described in an who executed the foregoing instrument, who, being 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 County of Hawaii, that said instru- ment was signed and sealed on behalf of the County of Hawaii by authority given to said Mayor by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), and that said Mayor acknowledged said instrument to be the free act and deed of said County of Hawaii. (Notary's signature) Notary Public, State of Hawaii (Print Name) My commission expires: i\home\terry\BEStNAenezes - KSBE Hilo Wastewater Easement BE-COH • Ctn FIRST: Being Easement "1 for sewerline purposes, as shown on Map 14, over, across, and through Lot 47-D-1, as shown on Map 12, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application No. 433 of the Trustees Under the Will and of the Estate of Bernice Pauahi Bishop, and being a portion of the lands described in Transfer Certificate of Title No. 28,678 issued to Trustees Under the Will and of the Estate of Bernice Pauahi Bishop. SECOND: Being Easement "2", for sewerline purposes, as shown on Map 15, over, across, and through Lot 47-D-3-A, as shown on Map 13, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application No. 433 of the Trustees Under the Will and of the Estate of Bernice Pauahi Bishop, and being a portion of the lands described in Transfer Certificate of Title No. 28,678 issued to Trustees Under the Will and of the Estate of Bernice Pauahi Bishop. Exhibit A F1U.; 24 '09 12: 14PM ..E OLNM01Ci MMEfJU P.2~3 n ~ m ~ = `Z ~ R R n F~ ~ W ~ . C ~ r ~ x o O _ tt ,Q,~1..1~r~ t v m ,.I C~1~ 3 V J ~~3 o~ ~ ~3 •~oiW r~II ~ pal Q Z J W 4 1A ~ m ~ ~Zl ~ V LL Q,. ~ q a fit.. ~q 0. pp n Q ~ Q Z Z~ O 112~~ 3J S~`` ~ O ? y ~ 'l~Cc $ W ~ ~ g 0 € t ~ Y i YI a r ~ ~ ' Z Q IL (O ~N ~i O V i~ x Z c Fq- r~ Q h 'O N ~ Q 171711 ~ ~ C7 */ir ~ tl ~ ~9~ l U C j ~ e `p ~ WQ~ a~ U u C Z O i~ ~ o~ t ~u yr~ Q jiyRA yl W ~rb ~ z 4 3 E:•I o ~ ,W,.,.~ U ~ %I ` ~n ag ;8 F $L r lo~e.ea 6 . "i~~ F.a aaa. ~i ~ O - c i Z ib~ fani Y~r ` '•9S j T~ nam ~I ~r eW ad ,W i ~t~p~.auss ~ / ~J o ~ D ~//z v c//~' ~ ~a s y' = ~ ~ Y . a ~ w ~ / ~ i ,,~1 z - ~ W / A w < :i so'se'-•as.m Ill r../~ r y eKW tam Q / r, Val / • l ~aN'ae' i~0 a0 W ay ear as /i cs as ~ / ~ c Y V ~ S S t ~ za•`a 1 t n ea.a a.ir~ /r d ICI aoyy~ ~ ~ ~aa~n~/ y,aq ~,H ~ N a4am L j A x ~ b Y r Y ---I 1'-~--~ EXHIBIT "B" ~ lurwl3nry ~ Page-~ 2 q~~ .11I vwM F.B~ gVv4 c4 'UU 12~ 14Pf ~.E C1kV~11UTU HI MEND"-^' P~3. 3 X ~ W 1 ~ ,R" o ~ m a r i ~ < ~ s - Z u5 p V Q pN J ~ in pa > r -i ~ ~ EE ~ F ~ a o~ o Ens - ~ O ~zaz n o*. ~r` N u a Q- :x ~ 'r w n~ A ~~r ~w ema rW~ > FR ~ ~ J ~ ~~b N~ u 3~ o ~ J W N 2 LL ~r i- z - e': ~ a ` i r O , F'' Jr ly v/ yon 1 r y N .GI `?F ^i V V IV it « O ~G Y29 - rG .~GF ~ -_11'IOD ~ ~i .Ifl ~ 0 ~ F / / " g ~ / n ~ NV o- ~ °o ~ i Z v / N 6 ~ U s / D ~ R1 Q , Q ~ ~ O n lA O o 7 " ~ N d 6 y ~ 9 ~ a} o u ti~ ,Y+e~ ~ o= J N ~ ~ Z r u - d'8 ~ T y N h, VjVO^ ~ N i 9 3~~ N i o V 8n S T W ~n~4b ~ W c fl EXHIBIT "B" y,~ mil, ~ Page of = a r• ,i ~J( OAM RF-L ~O~A REGULAR SYSTEM LAND COURT AFTER RECORDATION, RETURN BY: MAIL PICK-UP ( ) (Total Document Pages = 10) DEED KNOW ALL MEN BY THESE PRESENTS: That the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "GRANTOR", for and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) and other valuable consideration to it in hand paid by the TRUSTEES OF THE ESTATE OF BERNICE PAUAHI BISHOP, whose address is 567 South King Street, Honolulu, Hawaii 96813, hereinafter called the "GRANTEES", the receipt whereof is hereby acknowledged, has sold and by these presents does hereby grant, bargain, sell, assign, convey and transfer unto the said GRANTEES, all of GRANTOR'S right, title and interest in and to the property described in Exhibit "A" attached hereto and made a part hereof; being Tax Map Key Parcel No. (3) 7-8-10:37, and as shown on the tax map attached hereto as Exhibit "B" and made a part hereof. TOGETHER with all and singular the improvements, tenements, rights, easements, privileges, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. TO HAVE AND TO HOLD the same unto the said GRANTEES, in fee simple, its successors and assigns, forever. AND the Grantees, for themselves and their successors in trust, do hereby covenant with the Grantee, its successors and assigns, to accept the property herein described AS - IS, in its present state and condition, and that the responsibility for decommissioning the property, including all acts and costs thereof, shall be the responsibility of the Grantees, or its successors and assigns. -2- IN WITNESS WHEREOF, the parties hereto have executed these presents as of the day of , 2000. COUNTY OF HAWAII By Its GRANTOR TRUSTEES OF THE ESTATE OF BERNICE PAUAHI BISHOP By Its By Its By Its GRANTEES APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel County of Hawaii -3- STATE OF HAWAII ) ss. COUNTY OF HAWAII ) On this day of , 2000, before me personally appeared , to me known (or who has proven to me on the basis of satisfactory evidence) to be the person described in an who executed the foregoing instrument, who, being 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 County of Hawaii, that said instrument was signed and sealed on behalf of the County of Hawaii by authority given to said Mayor by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), and that said Mayor acknowledged said instrument to be the free act and deed of said County of Hawaii. (Notary's signature) n,w~.•~.n...n...« Notary Public, State of Hawaii (Print Name) My commission expires: STATE OF HAWAII ) ss. CITY AND COUNTY OF HONOLULU ) On this day of , 2000, before me personally appeared , and ,three of the Trustees of the Estate of Bernice Pauahi Bishop, to me known (or who have proven to me on the basis of satisfactory evidence) to be the persons described in and who severally executed the foregoing instrument in their capacities as Trustees, and severally acknowledged that they executed the same as their free act and deed as such Trustees. (Notary's signature) Notary Public, State of Hawaii (Print Name) My commission expires: ALL that certain parcel of land (part of R. P. 4475, L. C. Aw. 7713, Ap. 7 to V. Kamamalu), situate at Keauhou 1, District of North Kona, Gounty and State of Hawaii, comprising the Heeia Sewage Treatment Plant Site, being more particularly described as follows: Beginning at the South corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEAUHOU COAST' being 4,967.74 feet North and 102.49 feet West, and running by azimuths measured clockwise from true South: 1. 145° 00' 203.00 feet along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu; 2. 235° 00' 180.00 feet along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu; 3. 339° 38' 30" 122.72 feet along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu; 4. 325° 00' 54.0 feet along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu; 5. 38° 00' 103.50 feet along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu; 6. 55° 00' 50.00 feet along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu, to the point of beginning and containing an area of 30,586 square feet. TOGETHER WITH an easement to construct, install, maintain, repair, replace and use a road for ingress and egress only and underground utility and sewer lines and appurtenances along, across and under that certain parcel of land described as follows: Beginning at the North corner of this easement, on the Southeasterly side of the Heeia Sewage Treatment Plant Site, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEAUHOU COAST" being 5,015.76 feet North and 46.42 feet West, and running by azimuths measured clockwise from true South: Exhibit A Along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu, on a curve to the right with a radius of 110.00 feet, the chord azimuth and distance being: 1. 346° 16' 57" 59.31 feet; 2. 1 ° 55' 30" 112.53 feet along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu; Thence along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu, on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 3. 312° 58' 45" 30.16 feet; 4. 264° 02' 98.90 feet along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu; 5. 297° 00' 700.63 feet along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu; 6. 9° 44' 186.30 feet along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu, and partly along Lot 8 of Keauhou Subdivision, Area 5; Thence along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu, along a curve to the left with a radius of 50.00 feet, the chord azimuth and distance being: 7. 87° 56' 48.5" 20.43 feet; 8. 189° 44' 161.02 feet along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu; Thence along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu, on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 9. 153° 22' 23.72 feet; 10. 117° 00' 665.26 feet along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu; 11. 84° 02' 92.98 feet along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu; Thence along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu, on a curve to the right with a radius of 40.00 feet, the chord azimuth and distance being: -2- 12. 132° 58' 45" 60.33 feet; 13. 181 ° 55' 30" 112.53 feet along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu; Thence along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu, on a curve to the left with a radius of 90.00 feet, the chord azimuth and distance being: 14. 168° 59' 56" 40.26 feet; 15. 218° 00' 22.11 feet along remainder of L. C. Aw. 7713, Ap. 7 to V. Kamamalu, being also the Southeasterly side of the Heeia Sewage Treatment Plant Site, to the point of beginning and containing an area of 23,652 square feet. i\home\terry~BEs~Wlenezes - KSBE Heeia S7P Deed - Cln -3- ~sr'.... ~ .S'ia~ 9 7 ~ 'f, [i 11 ~ d'1^ dB6iq~N,lrr 1y 41 ~'1 ~ati~e: Aj nirninii O e c rr , ~ r: + ter E .L- i` _ ~y1 ~ ~~i F :r / e rt i t } l P ~ 8 . ~ r al ~ ! xi ~ .t r!/::;^^:f~\flla((~'~;~`}~~ u`~ : w~ m~- : A I~ { 111 ~ ~ 1 ki a~) ~ ~iR ~Ifr- ~ ~ 1 \ ~ ~ ~ er- n--,~ f ~ 1 a _ y ~ ~ a 'r ar t t + ' i f rn i 'f S ~ ~ r - { 5 f G e; sa ~ i ~ 1, ~~k 'rs } 4d'~lfl lrf~ i•~~ 1 s ~ { ~ "r { } ~ .~.a t i i if ~f~{ l~ Ai zf ij}' t T - r; Sq•',' its. NOT TO SCALE i EXHIBIT B BILL OF SALE THIS BILL OF SALE, made as of the _ day of , 2000 is made by and between: GRANTOR: COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose address is 25 Aupuni Street, Hilo, Hawaii 96720. GRANTEE: KEAUHOU COMMUNITY SERVICES, INC., a Hawaii corporation, whose address is 567 South King Street. Honolulu, Hawaii 96813. WITNESSETH: For ONE AND NO/100 DOLLARS ($1.00) paid by the Grantee to the Grantor, receipt of which is hereby acknowledged, Grantor does hereby grant, sell, transfer and deliver to Grantee all of Grantor's right, title and interest, if any, in and to all of the facilities that comprise the sewage collection system serving the area of Keauhou, North Kona, Hawaii, including without limitation the facilities identified in Exhibit "A", attached hereto and made a part hereof, and generally located as shown on the map attached hereto as Exhibit "B" and made a part hereof (the "Keauhou Sewage Collection System"). TO HAVE AND TO HOLD the same unto the Grantee forever. Grantor neither covenants with Grantee, nor gives any warranty to Grantee: 1. That Grantor is the lawful owner of the Keauhou Sewage Collection System; 2. That the Keauhou Sewage Collection System is free from any encumbrance; or 3. That Grantor has good right to sell the same. IN WITNESS WHEREOF, the Grantor has executed this instrument as of the day and year first above written. COUNN OF HAWAII By Its GRANTOR APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel County of Hawaii -2- KEAUIiOU SEWAGE COLLECTION SYSTEM: No. l Sewer Line 8-B: The sewer line is located within the Alii Drive right-of--way. No. 2 Sewer Line 8-A: The sewer line is located within private property (TMK: 7-8-13:02). No. 3 Kahaluu Sewer Force Main (FM): One portion of the FM is located within private property (TMK: 7-8-13:02) and the other within the Alii Drive right-of--way No. 4 Sewer Line 5: The sewer line is located within private property (TMK: 7-8-10:03, 89). No. 5 Kahaluu Sewage Pumping Station: The pump station is located on private property (TMK: 7-8-13:02). No. 6 Keauhou Sewage Pumping Station: The pump station is located on private property (TMK: 7-8-10:44) . No.7 Sewer Line 1-A: The sewer line is located on private property (TMK: 7-8-1U: 03, 89). No. 8 Sewer Line 1-B: Portion of sewer line 1-B is located within the Manukai Street right-of--way. The other portion is on private property (TMK: 7-8-20:19, 28). No. 9 Sewer Force Main 6: FM 6 is comprised of three segments: a. The Southerly portion of FM 6 is located within the Kaleopapa Road right-of--way. b. The Northerly portion of FM 6 is located within the Kamehameha Iti Road right-of- way. c. A small central portion of FM 6 may be located on private property (TMK: 7- 8-10:44). No. 10 Sewer Line 3-B: The sewer line is comprised of three segments: EXHIBIT "A" Page 1 of 4 a. The Northerly portion of the sewer line is located within the Kamehameha [II Road right-of--way. b. The Southerly portion of the sewer line is located within the Kaleopapa Road right-of- way. c. A small central portion of the sewer line may be located on private property (TMK: 7-8-10: 44 No. 1 l Sewer Line 4-B: The sewer line is located within the Kaleopapa Road right-of--way. No. 12 Sewer Line 3-A: The sewer line is located within Ehukai Street right-of--way, being Lot 18 of Keauhou Subdivision, Area 6, and the Kaleopapa Road right-of--way. No. 13 Sewer Line 11-A: The sewer line is comprised of three segments: a. The Southerly portion of the sewer line is located on private property (TMK: 7-8-10:36). b. Sewer line then crosses Kamehameha III Road. c. Northerly portion of the sewer line is located on private property (TMK: 7-8-10:32). No. 14 Sewer Line 2: The sewer line is located on private property (TMK: 7-8-10: 3 and 32). No. 15 Sewer Line 5-B-1: The sewer line is located on private property (TMK: 7-8-20: 13, 15, 16, 17). No. 16 Sewer Line SB: The sewer line is located on private property (TMK: 7-8-20:14). No. 17 Sewer Line SA: The sewer line starts within Ileeia Way, being Lot 28 of Keauhou Subdivision, Area 5, and continues on privatc propcrty (TMK: 7-8-20:11,13). No. 18 Heeia Force Main: The FM starts within private property (TMK: 7-8-20:13,28), then crosses into the Manukai Street right-of--way, being Lot 27 of Keauhou Subdivision, Area 5. EXHIBIT "A" Page 2 of 4 STATE OF HAWAII ) ss. COUNTY OF HAWAII ) On this day of , 2000, before me personally appeared , to me known (or who has proven to me on the basis of satisfactory evidence) to be the person described in an who executed the foregoing instrument, who, being 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 County of Hawaii, that said instrument was signed and sealed on behalf of the County of Hawaii by authority given to said Mayor by Section 5-1.3{g) of the County Charter, County of Hawaii (1991), and that said Mayor acknowledged said instrument to be the free act and deed of said County of Hawaii. (Notary's signature) Notary Public, State of Hawaii My commission expires: i\homeNerry\BEstlMenetes - KSBE Courtly Bill of Sale -Cln -3- No. 19 Heeia Sewage Pumping Station: The pump station is located on private property (TMK: 7-8-20:13). No. 20 Hoei Force Main: The FM is located on private property (TMK: 7-8-10:34,58). No. 21 Hoei Gravity Sewer Line: "I'he sewer line starts within private property (TMK: 7-8-20:34) and then enters into the Kaleopapa Road right-of-way. No. 22 Hoei Sewage Pumping Station: The pump station is located on private property (TMK: 7-8-20:34). No. 23 Gravity Sewer Line, Keauhou Sewerage System Phase ll: The sewer line is located on private property (TMK: 7-8-10:03). No. 24 Force Main, Keauhou Sewerage System Phase 11: The FM is comprised of three segments: a. The Southerly portion of the FM is located within the Kaleopapa Road right-of--way. b. The Northerly portion of the FM is located within the Kamehameha III Road right-of- way. c. A small central portion of the FM may be located on private property (TMK: 7-8-10:44). No. 25 Gravity Sewer Lines, Keauhou Sewerage System Phase II: Portion of sewerline is located within the Kamehameha III Road right-of--way. The other portion of the sewer line is located on private property (TMK: 7-8- 10:03). No. 26 Keauhou Shopping Village Offsite Sewer Line: Sewer line begins in private property (TMK: 7-8-10:03). It then enters the Alii Drive right-of--way. No. 27 Sewer Line A, Keauhou Resort, Phase II Infrastructure System: Initial portion of sewer line begins within the Alii Drive right-of--way. Scwcr line then enters into the Kaluna Street right-of--way, a private roadway. No. 28 Sewer Line B, Keauhou Resort, Phase Il Infrastructure System: The sewer line is located within the Kamehameha III Road right-of-way. EXHIBIT "A" Page 3 of 4 No. 29 Sewer Line I B, Keauhou Estates I and II: The sewer line is located on private property (TMK: 7-8-10:77). No. 30 Sewer Line lA, Villas: The sewer line is located on private property (TMK: 7-8-10:77). No. 31 Makolea Street Gravity Sewer Line: The sewer line is located within the Makolea Street right-of--way. Vn. 32 Sewer Lines, Keauhou Estates I and 11: All sewer lines located within private properties and private roadways. No. 33 Alii Drive Sewer Improvements Phase 2A: The sewer line is located within the Alii Drive right-of-way. No. 34 Sewer Lines, Bayview Estates: All sewer lines located within private properties and private roadways. EXHIBIT "A" Page 4 of 4 i' tE j 1 1 ~ 1 3i ~1 ~ ~ G g€ 3~ Y- 1 , ~ ~g.. ~ ~ ` ~ o ~ ~ _ F t ~ 5 ~j . i r { << ~ t j 1 d q~1. _ ~ i ~ \1 7~ r~.~'f°_ , ~ 6 1' ~ ' c ~ ®f @ h 15(~ j s ~ '1, a E.~ (ni ~ 1 j iv i~. 3; ,~rl~ i~ ..~i~ y - z _ ~ d is~! ~ - i W iflj 5 ~ ~o`= ~a lilj E~~. ~ ~~o i ~ ~ ff .1 Zo'~ 1', , LAND COURT REGULAR SYSTEM AFTER RECORDATION, RETURN BY: MAIL PICK-UP ( ) (Total Document Degas = 14) GRANT OF EASEMENT THIS INDENTURE, made this day of , 2000, by and between the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose address is 25 Aupuni Street, Hilo, Hawaii 96720„ hereinafter called the "GRANTOR", and KEAUHOU COMMUNITY SERVICES, INC., a Hawaii corporation, whose address is 567 South King Street, Honolulu, Hawaii 96813, hereinafter called the "GRANTEE", and WITNESSETH: That the Grantor, in consideration of the sum of ONE DOLLAR ($1.00), to it paid by the Grantee, the receipt whereof is hereby acknowledged, and of the covenants of the Grantee as hereinafter contained, does hereby grant, bargain, sell and convey unto the Grantee, its legal successors and permitted assigns, the right in the nature of perpetual, non-exclusive easements to maintain, operate, repair, remove and replace any and ali existing sewer lines and other sewage collection system facilities located on, under, over and across County of Hawaii road rights-of--way in the areas of Kahaluu and Keauhou, North Kona, Hawaii. Said perpetual easements include, but are not limited to, perpetual easements for the sewer lines and other sewage collection system facilities located on, under, over and across County of Hawaii road rights-of-way only, which sewer lines and sewage collection system facilities are more particularly described in Exhibit "A', attached hereto and made a part hereof, and generally located as shown on the map attached hereto as Exhibit "B' and made a part hereof. TOGETHER with the right of ingress and egress thereto and therefrom over the Grantor's adjoining land for the purpose of operating, maintaining and replacing said sewer lines and other sewage collection system facilities. TOGETHER with the right to construct, reconstruct, install, maintain, operate, repair and remove from the easement area, such sewer pipe line or pipe lines, manholes and other equipment as the Grantee shall deem necessary or expedient for the proper maintenance, operation or repair of said sewer system. TO HAVE AND TO HOLD unto the Grantee, its successors and permitted assigns for the aforesaid purposes, forever. The parties hereto do mutually covenant and agree as follows: 1. The Grantor shall not at any time during the term of this indenture -2- erect or place any building foundation of any kind below the surface of the easement area, or at any time erect or place any building or structure of any kind, other than walls, fences, roads, walks, curbs or appurtenances thereof, above or on the surface of the easement area, unless said building, structure or building foundation shall be first approved by the Grantee; provided, however, that this provision shall not prohibit the Grantor from planting or maintaining grass, shrubs and similar plants within the easement area, or from laying, operating, maintaining, repairing or removing Grantors own water or sewer pipe lines, conduits or drains on or below the surface of the easement area insofar as such uses do not interfere with the exercise by the Grantee of the rights herein granted; 2. After the completion of any construction, reconstruction, maintenance, operation, repair or removal work by the Grantee, the Grantee shall restore the surface of the ground within the easement area to its original condition to the extent that such restoration is reasonably possible. 3. The aesthetics of all facilities and equipment constructed by Grantee on the surface of the easement area shall be in conformance with the landscaping of the surrounding area so that it shalt be unobtrusive and blend in with the surroundings. The facilities must be constructed and maintained in strict accordance with the building and landsr..aping plans reviewed and approved by Grantor in writing. No deviations from said building and landscaping plans shall be permitted without the prior written consent of the Grantor. 4. The Grantee shall take every reasonable precaution to preserve -3- and leave unaltered all places within the easement area, if any, of historic and/or archaeological interest, including without limitation structures and sites listed or eligible for listing on the Hawaii State Register of Historic Places and/or the National Register of Historic Places, ponds, reservoirs, heiau, altars, agricultural terraces, lo'i, walls, auwai, house platforms, imu, petroglyph sites, cemeteries; and all objects, if any, of historic and/or archaeological interest, including without limitation antiquities and specimens of Hawaiian or other ancient art or handicraft which may be found on or below the surtace of the easement area. In addition to the above, subject to the amendment of applicable laws governing the matters set forth in this section, and unless waived in writing by the Grantor, the Grantee shall be responsible to pertorm the following duties: a. In the event any human remains and/or artifacts (collectively "items") are discovered on or below the surface of the easement area, the Grantee shall, at the Grantee's sole expense and subject to the approval of Grantor, be responsible to: (1) cause all excavation in the easement area which may damage the items and the potential historic site to cease; (2) cause the site to be stabilized and secured to temporarily protect the items against damage and/or theft; (3) cause the items to be Left untouched so that their archaeological context may be accurately documented; provided, I~owever, that if artifacts are found without human remains, if leaving the artifacts in their stabilized and secured site will pose a substantial risk of loss or damage to all or part of the artifacts, and if removal of the artifacts is therefore necessary, then the Grantee shall cause such removal and shall cause any tampering ~4- with the artifact and site to be minimized as much as possible; and (4) cause the discovery to be reported immediately to Grantor. b. In the case of the discovery of human remains, the Grantee shall, at the Grantee's sole expense and in addition to the duties set forth in subparagraph "a" above, cause to be prepared and executed a mitigation plan acceptable to Grantor and to the government agencies possessing jurisdiction over such matters. The Grantee shall also be responsible to obtain written verification that the mitigation plan has been completed. c. In the event any archaeological studies or historic preservation studies are sought to be conducted in or on the easement area, by the Grantee or anyone acting by or through the Grantee, the Grantee shall not permit said studies to be commenced without the prior written consent of Grantor, and shall upon completion of such studies cause a complete copy thereof to be provided to Grantor at the earliest opportunity. d. Grantor reserves the right at all times to enter the easement area for the purposes of searching for, exploring for, and removing such items for preservation as permitted by law. 5. Grantee shall not cause or permit the easement area to be in violation of any Hazardous Materials Laws (as hereinafter defined). Grantee shall immediately advise Grantor in writing of Grantee's discovery of any occurrence or condition in the easement area or adjoining properties relating to Hazardous Materials Laws. Grantee shall not cause or permit any Hazardous Materials (as hereinafter -5- defined) to exist on, under or about the easement area. Grantee shall indemnify Grantor its successors in trust and assigns, from and against any loss, damage, cost (including, without limitation, all reasonable attorney's fees), expense or liability directly or indirectly arising out of or attributable to the use, storage, handling, release, threatened release, disposal or presence of Hazardous Materials on, under or about the easement area, resulting or occurring on or after the date of commencement of construction by Grantee of its sewer pipe line or pipe lines within the easement area. The indemnification provision contained in this paragraph shall survive the term of this instrument. a. The term "Hazardous Materials Laws" as used in this instrument shall mean all federal, state or local taws, ordinances or regulations, now or hereafter in effect, relating to environmental conditions, industrial hygiene or Hazardous Materials on, within, under or about the easement area or any improvements thereon. b. The term "Hazardous Materials" as used in this instrument shall mean any and all radioactive materials, asbestos, organic compounds known as polychlorinated biphenyls, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic substances, and any and all other substances or materials defined as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous materials", or "toxic substances", under any Hazardous Materials Laws. 6. Except as otherwise herein provided, the Grantee shall indemnify -6- and save harmless the Grantor against loss or damage to the property of the Grantor or to the property of others situated outside of the easement area, and from Nablllty for injury to or death of persons in the manner provided by law when such bss, damage, injury or death arises or proximately results from the negligence of the Grantee, its officers, agents or servants. 7. The Grantee shall not assign any right herein granted or othervvise given, except to a successor or permitted assign, without the written consent of the Grantor; 8. Any sewer pipe line or pipe lines, manholes or other appurtenant equipment constructed, reconstructed or installed within the easement area and maintained, operated or repaired by the Grantee shall be and remain the property of the Grantee. 9. In the event the Grantee shall at any time completely remove its sewer pipe line or pipe lines and other sewage collection system facilities from the easement area and shall, for a period of two (2) or more consecutive years, fail to reinstall any sewer pipe Tine and other sewage collection system facilities through, under or across the easement area, or shall for a like period cease to maintain or operate a sewer system through, under or across the easement area, then upon the request of Grantor, Grantee shall execute an instrument remising, releasing and quitclaiming unto Grantor all rights granted to Grantee herein and all right, title and interest of Grantee in and to the easement area. 10. This instrument shall be binding upon and shall inure to the benefit -7- of the parties hereto and their respective successors, successors in trust and permitted assigns. IN WITNESS WHEREOF, the parties hereto have executed these presents as of the day and year first above written. COUNTY OF HAWAII By fls GRANTOR KEAUHOU COMMUNITY SERVICES, INC. By Its GRANTEE APPROVED AS 70 FORM AND LEGALITY: Deputy Corporation Counsel County of Hawaii -8- STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 2000, before me personally appeared , to me known (or who has proven to me on the basis of satisfactory evidence) to be the person described in an who executed the foregoing instrument, who, being 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 County of Hawaii, that said instru- ment was signed and sealed on behalf of the County of Hawaii by authority given to said Mayor by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), and that said Mayor acknowledged said instrument to be the free act and deed of said County of Hawaii. (Notary's signature) Notary Public, State of Hawaii (Print Name) My Commission expires: i\home\terry\BEStUAenezea - KSBEaewerline easernent hom City to KCS - Cln STATE OF HAWAII ) SS. CITY AND COUNTY OF HONOLULU ) On this day of , 2000, before me personally appeared to me personally known, who, being by me duly swum, did say that he is the of KEAUHOU COMMUNITY SERVICES, INC., a Hawaii corporation; that the foregoing instrument was signed on behalf of said corporation by authority of its Board of Directors, and the said officer acknowledged said instrument to be the free ad and deed of said corporation. (Nofays signature) Notary Public, State of Hawaii (Print Name) My Commission expires: KEAUHOU SEWAGE COLLECTION SYSTEM LINES AND FACILITIES: 1) No.l Sewer Line8-B: The sewer line is located within the Alii Drive right-of--way. 2) No. 3 Kahaluu Sewer Force Main (FM): One portion of the FM is located within private property (TMK: 7-8-13:02) and the other within the Alii Drive right-of--way 3) No. 8 Sewer Line ]-B: Portion of sewer line 1-B is located within the Manukai Street right-of-way. The other portion is on private property (TMK: 7-8-20:19, 28). 4) No. 9 Sewer Force Main 6: FM 6 is comprised of three segments: a. The Southerly portion of FM 6 is located within the Kaleopapa Road right-of--way. b. The Northerly portion of FM 6 is located within the Kamehameha I[I Road right-of- way. c. small central portion of FM 6 may be located on private property ('T \tK: 7-8- 10:44). 5) No. 10 Sewer Line 3-B: The sewer line is comprised of three segments: a. The Northerly portion of the sewer line is located within the Kamehameha TlI Road right-of--way. b. The Southerly portion of the sewer line is located within the Kaleopapa Road right-of- way. c. A small central portion of the sewer line may be located on private property (TMK: 7-8-10. 44 6) No. 1 t Sewer Line 4-B: "fhe sewer line is located within the Kaleopapa Road right-of--way. 7) No. 12 Sewer Line 3-A: The sewer line is located within Ehukai Street right-of-way, being Lot 18 of Keauhou Subdivision, Area 6, and the Kaleopapa Road right-of--way. -1- EXHIBIT "A" Page 1 of 3 8) No. 13 Sewer Line t t-A: The sewer line is comprised of three segments: a. The Southerly portion of the sewer line is located on private property (TMK: 7-8-10:36), b. Sewer line then crosses Kamehameha III Road. c. Northerly portion of the sewer line is located on private property (TMK: 7-8-10:32). 9) No. 17 Sewer Line SA: The sewer line starts within Heeia Way, being Lot 28 of Keauhou Subdivision, Area 5, and continues on private property (TMK: 7-8-20:I 1,13). 10) No. 18 Heeia Force Main: The FM starts within private property (TMK: 7-8-20:13,28), then crosses into the Manukai Street right-of--way, being Lot 27 of Keauhou Subdivision, Area 5. I l) No. 21 Hoei Gravity Sewer Line: The sewer line starts within private property (TMK: 7-8-20:34) and then enters into the Kaleopapa Road right-of--way. 12) 24 Force Main, Keauhou Sewerage System Phase 11: The FM is comprised of three segments: a. The Southerly portion of the FM is located within the Kaleopapa Road right-of--way. b. The Northerly portion of the FM is located within the Kamehameha Ill Road right-of- way. c. A small central portion of the FM may be located on private property (TMK: 7-8-10:44). 13) No. Z~ Gravity Sewer Lines, Keauhou Sewerage System Phase 11: Portion of sewerline is located within the Kamehameha Ill Road right-of--way. The other portion of the sewer line is located on private property (TMK: 7-8- 10:03 14) No. 26 Keauhou Shopping Village Offsite Sewer Line: Sewer line begins in private property (TMK: 7-8-10:03). It then enters the Alii Drive right-of-way. EXHIBIT "A" Page 2 of 3 15) No. 27 Sewer Line A, Keauhou Resort, Phase Infrastructure System: Initial portion of sewer line begins within the Alii Drive right-of--way. Sewer line then enters into the Kaluna Street right-of--way, a private roadway. 16) No. 28 Sewer Line B, Keauhou Resort, Phase II Infrastructure System: The sewer line is located within the Kamchameha III Road right-of--way. 17) No. 31 Makolea Street Gravity Sewer Line: The sewer line is located within the Makolea Street right-of--way. 18) No. 33 Alii Drive Sewer Improvements Phase 2A: The sewer line is located within the Alii Drive right-of-way. Per October I5. 1999 Repnrf of R.M. Towill EXHIBIT "A" Page 3 of 3 L v t _ ~ 1. , : 14.5 ' \ , ~ . ~ .a • Ap t ~ f S ~~4 ~ , .s \ a # ~ . . ~ i t ~ 6 YY7 ~~r" ~ t~ f~' t ^ ~T ~~r a 5 x.1`1': ~ ( _ s~ ~ ~ ~~rl r \ r ,i ~N, of ! ~ •3~ j/l r:~~ ~a / f 1 / ; t ~`~18; i h L j ' \ ~ ~ ~ ~ \ a 3': a f~5 ~T~ ~ ~ a ~ I ~ i ~jt1r- S Z ~..i~y l7 ' ~ 5 ~ ~ ~ i < d• ~ w SSIj i 22 z ~~~t ~ ~f GiOi J1j1 I t V~o y( .1 ?O' - fi , LAND COURT REGULAR SYSTEM AFTER RECORDATION, RETURN BY: MAIL PICK-UP ( ) (Tota/Oocument Pages = 13) GRANT OF EASEMENT AND 81LL OF SALE THIS INDENTURE, made this day of , 2000, by and between the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "GRANTOR", and KEAUHOU COMMUNITY SERVICES, INC., a Hawaii corporation, whose address is 567 South King Street, Honolulu, Hawaii 96813, hereinafter called the "GRANTEE". WITNESSETH: That the Grantor, in consideration of the sum of ONE DOLLAR ($1.00), to it paid by the Grantee, the receipt whereof is hereby acknowledged, does hereby grant and convey unto the said GRANTEE, its legal successors and assigns, the right in the nature of a perpetual easement to maintain, operate, repair, remove and replace the existing sewage pumping station, and any structures, sewer lines and other facilities appurtenant to said sewage pumping station, located on, under, over and across that certain real property situate at Kahaluu, North Kona, County of Hawaii, and State of Hawaii, being a portion of Tax Map Key Parcel No. (3)7-8-14:01 ("Kahaluu Beach Park Parcel") as shown on Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as the "easement area", with said Kahaluu Beach Park Parcel being shown in Exhibit "B" attached hereto and made a part hereof. TOGETHER with the right of ingress and egress thereto and therefrom over the Grantor's adjoining land for the purpose of operating, maintaining and replacing said sewage pumping station, structures, sewer lines and other facilities appurtenant to said sewage pumping station. TOGETHER with the right to construct, reconstruct, install, maintain, operate, repair and remove from the easement area, such sewage pumping station, structures (e.g. walls and fences), sewer pipe line or pipe lines, manholes and other equipment as the Grantee shall deem necessary or expedient for the proper maintenance, operation or repair of said sewage pumping station, structures, and sewer pipe lines and other facilities appurtenant to said sewage pumping station. TO HAVE AND TO HOLD unto the Grantee, its successors and permitted assigns for the aforesaid purposes, forever. The parties hereto do mutually covenant and agree as follows: -2- 1. The Grantor shall not at any time during the term of this indenture erect or place any building foundation o(any kind below the surface of the easement area, or at any time erect or place any building or structure of any kind, other than walls, fences, roads, walks, curbs or appurtenances thereof, above or on the surface of the easement area, unless said building, structure or building foundation shall be first approved by the Grantee; provided, however, that this provision shall not prohibit the Grantor from planting or maintaining grass, shrubs and similar plants within the easement area, or from laying, operating, maintaining, repairing or removing Grantor's own water or sewer pipe lines, conduits or drains on or below the surface of the easement area insofar as such uses do not interfere with the exercise by the Grantee of the rights herein granted; 2. After the completion of any construction, reconstruction, maintenance, operation, repair or removal work by the Grantee, the Grantee shall restore the surface of the ground within the easement area to its original condition to the extent that such restoration is reasonably possible. 3. The aesthetics of all structures, facilities and equipment constructed by Grantee on the surface of the easement area shall be in conformance with the landscaping of the surrounding area so that it shall be unobtrusive and blend in with the surroundings. The facilities must be constructed and maintained in strict accordance with the building and landscaping plans reviewed and approved by Grantor in writing. No deviations from said building and landscaping plans shall be permitted without the prior written consent of the Grantor. -3- 4. The Grantee shall take every reasonable precaution to preserve and leave unaltered all places within the easement area, if any, of historic and/or archaeological interest, including without limitation structures and sites listed or eligible for listing on the Hawaii State Register of Historic Places and/or the National Register of Historic Places, ponds, reservoirs, heiau, altars, agricultural terraces, lo'i, walls, auwai, house platforms, imu, petroglyph sites, cemeteries; and all objects, if any, of historic and/or archaeological interest, including without limitation antiquities and specimens of Hawaiian or other ancient art or handicraft which may be found on or below the surface of the easement area. In addition to the above, subject to the amendment of applicable laws governing the matters set forth in this section, and unless waived in writing by the Grantor, the Grantee shall be responsible to perform the following duties: a. In the event any human remains and/or artifacts (collectively "items") are discovered on or below the surface of the easement area, the Grantee shall, at the Grantee's sole expense and subject to the approval of Grantor, be responsible to: (1) cause all excavation in the easement area which may damage the items and the potential historic site to cease; (2) cause the site to be stabilized and secured to temporarily protect the items against damage and/or theft; (3) cause the items to be left untouched so that their archaeological context may be accurately documented; provided, however, that if artifacts are fou+~d without human remains, if leaving the artifacts in their stabilized and secured site will pose a substantial risk of loss or damage to all or part of the artifacts, and if removal of the artifacts is therefore necessary, then the Grantee shall cause such removal and shall cause any tampering -4- with the artifact and site to be minimized as much as possible; and (4) cause the discovery to be reported immediately to Grantor. b. In the case of the discovery of human remains, the Grantee shall, at the Grantee's sole expense and in addition to the duties set forth in subparagraph "a" above, cause to be prepared and executed a mitigation plan acceptable to Grantor and to the government agencies possessing jurisdiction over such matters. The Grantee shall also be responsible to obtain written verification that the mitigation plan has been completed. c. In the event any archaeological studies or historic preservation studies are sought to be conducted in or on the easement area, by the Grantee or anyone acting by or through the Grantee, the Grantee shall not permit said studies to be commenced without the prior written consent of Grantor, and shall upon completion of such studies cause a complete copy thereof to be provided to Grantor at the earliest opportunity. d. Grantor reserves the right at all times to enter the easement area for the purposes of searching for, exploring for, and removing such items for preservation as permitted by law. 5. Grantee shall not cause or permit the easement area to be in violation of any Hazardous Materials Laws (as hereinafter defined). Grantee shall immediately advise Grantor in writing of Grantee's discovery of any occurrence or condition in the easement area or adjoining properties relating to Hazardous Materials Laws. Grantee shall not cause or permit any Hazardous Materials (as hereinafter defined) to exist on, under or about the easement area. Grantee shall indemnify -5- Grantor its successors in trust and assigns, from and against any loss, damage, cost (including, without limitation, all reasonable attorney's fees), expense or liability directly or indirectly arising out of or attributable to the use, storage, handling, release, threatened release, disposal or presence of Hazardous Materials on, under or about the easement area, resulting or occurring on or after the date hereof. The indemnification provision contained in this paragraph shall survive the term of this instrument. a. The term "Hazardous Materials Laws" as used in this instrument shall mean all federal, state or local laws, ordinances or regulations, now or hereafter in effect, relating to environmental conditions, industrial hygiene or Hazardous Materials on, within, under or about the easement area or any improvements thereon. b. The term "Hazardous Materials" as used in this instrument shall mean any and all radioactive materials, asbestos, organic compounds known as polychlorinated biphenyls, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic substances, and any and all other substances or materials defined as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous materials", or "toxic substances", under any Hazardous Materials Laws. 6. Except as otherwise herein provided, the Grantee shall indemnify and save harmless the Grantor against loss or damage to the property of the Grantor or to the property of others situated outside of the easement area, and from liability for injury to or death of persons in the manner provided by law when such loss, damage, injury or death arises or proximately results from the negligence of the Grantee, its officers, agents or servants. -6- 7. The Grantee shall not assign any right herein granted or otherwise given, except to a successor or permitted assign, without the written consent of the Grantor; 8. Any structures, sewer pipe line or pipe lines, manholes or other appurtenant equipment constructed, reconstructed or installed within the easement area and maintained, operated or repaired by the Grantee shall be and remain the property of the Grantee. 9. In the event the Grantee shall at any time completely remove its sewage pumping station, sewer pipe line or pipe lines and other facilities appurtenant to said sewage pumping station from the easement area and shall, for a period of two (2) or more consecutive years, fail to reinstall said sewage pumping station, any sewer pipe line or pipelines and appurtenant facilities through, under or across the easement area, or shall for a like period cease to maintain or operate a sewer system through, under or across the easement area, then upon the request of Grantor, Grantee shall execute an instrument remising, releasing and quitclaiming unto Grantor all rights granted to Grantee herein and all right, title and interest of Grantee in and to the easement area. 10. This instrument shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors, successors in trust and permitted assigns. AND the GRANTOR does hereby bargain, sell, transfer and deliver unto the GRANTEE the existing sewage pumping station, structures, sewer lines and other facilities appurtenant to said sewage pumping station, including, without limitation, the -7- Kahaluu Beach Park Sewer Force Main, located on, under, over and across the Kahaluu Beach Park Parcel. TO HAVE AND TO HOLD the same unto the said GRANTEE, its successors and assigns, forever. IN WITNESS WHEREOF, the parties hereto have executed these presents as of the day and year first above written. COUNTY OF HAWAII By Its GRANTOR KEAUHOU COMMUNITY SERVICES, INC. ey Its GRANTEE APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel County of Hawaii -t3- STATE OF HAWAII ) )SS. COUNTY OF HAWAII ) On this day of , 2000, before me personally appeared , to me known (or who has proven to me on the basis of satisfactory evidence) to be the person described in an who executed the foregoing instrument, who, being 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 County of Hawaii, that said instrument was signed and sealed on behalf of the County of Hawaii by authority given to said Mayor by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), and that said Mayor acknowledged said instrument to be the free act and deed of said County of Hawaii. (Notary's signature) ;.,»....a..r...~, Notary Public, State of Hawaii (Print Name) My commission expires: . ilhome~erry~BEstWlenezes - KSBE easement and bill of sak from city to KCS - Cm STATE OF HAWAII ) SS. CITY AND COUNTY OF HONOLULU ) On this day of , 2000, before me personally appeared to me personally known, who, being by me duly sworn, did say that he is the of KEAUHOU COMMUNITY SERVICES, INC., a Hawaii corporation; that the foregoing instrument was signed on behalf of said corporation by authority of its Board of Directors, and the said officer acknowledged said instrument to be the free act and deed of said corporation. (Notary's signature) Notary Public, State of Hawaii (Print Name) My Commission expires' c~ ~ ~ _ 8 GO ~ u yy(( ~ ~ ybJ uWJ ° - _ pJ F= F N _ 63 W<s NF j ~ ~ ~ uN 4 y~ j 4 w w i i u t ~ ~ 3 ~ z U ~ ~ K ftP ~ N S~ ~ ~ ? W W ? 6 r ~ ~ W J ? y7 QQ¢' ~ V V 3 0 ~ C Z ; m R W Y N O p V J gyp( J Nv9 GF 2 ~ O O W6 W ~.N Z x~ <FU< ~ ~ O~ ~ Y 0000 6 N Ow 2 Z ~ s u o U J 2 F2 ~ ~yY' W < 6 aJ f Z Q 11.1 U O z s V l a N u zo N 2 % ~ 1 W ~ EXHIBIT "A" Paae 1 of 2 ~ - a I o , SL 0-.f2 ,0-.L~ N ~ ~ ry ~ ~ ,0-R~ I a O a i Z U N ~ ~ ~ 2 a N ~y S- I t 1". 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