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Home My WebLink AboutRES 350 Draft 01 1988-1992 OFFICE INFORMATION ONLY Meeting: Public Works and Intergovernmental Relations Committee - 07/30/1991 Action: Close file via Comm. 45 dated 02/01/2005 Re: Res. 350-91 (Comm. 2684) (1991) I/ t l ' COUNTY OF HAWAII STATE OF HAWAII RESOLUTION No. 3:30 91 RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO GRANT AN EASEMENT ON COUNTY PROPERTY TO HAWAII ELECTRIC LIGHT COMPANY, INC. AND GTE HAWAIIAN TELEPHONE COMPANY, INC. FOR THE PURPOSE OF INSTALLING AND MAINTAINING ANCHOR AND GUY WIRE LINES WITHIN PAHOA PARK, PUNA, TAX MAP KEY: THIRD DIVISION, 1- 5- 114 -25. 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 the land upon which Pahoa Park in Puna is located, Tax Map Key: Third Division, 1 -5- 114 -25; and WHEREAS, Hawaii Electric Light Company, Inc. and GTE Hawaiian Telephone Company, Inc., desire to install and maintain anchor and guy wire lines within Pahoa Park; and WHEREAS, the County desires to give the necessary consent for the grant of easement to Hawaii Electric Light Company, Inc. and GTE Hawaiian Telephone Company, Inc., 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 Hawaii Electric Light Company, Inc. and GTE Hawaiian Telephone Company, Inc. for the purpose of installing and maintaining anchor and guy wire lines within Pahoa Park, Puna, Tax Map Key: Third Division, 1 -5- 114 -25, 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 day of 1991. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI I hereby certify that the foregoing RESOLUTION was by DE LIMA the vote indicated to the right hereof adopted by the COUNCIL DOMINGO of the County of Hawaii on HALE KOKUBUN LAI ATTEST: MAKUAKANE RUDDLE SCHUTFE Reference C -2684 /WC COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 350 91 1 / . _.:%I • i. _ _2IY ._ J_:+ _. __4 Return by Mail (XX) Pickup ( ) To: Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 Affects Tax Map Key: Third Division, 1 -5- 114 -25 THIS INDENTURE made this day of 1991, by and between the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and post office address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "GRANTOR ", and HAWAII 1 ELECTRIC LIGHT COMPANY, INC., a Hawaii corporation, whose principal place of business is 1200 Kilauea Avenue, Hilo, Hawaii, and whose post office address is P.O. Box 1027, Hilo, Hawaii 96721, and GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED, also a Hawaii corporation, whose principal place of business is 1177 Bishop Street, Honolulu, Hawaii, and whose post office address is P.O. Box 2200, Honolulu, Hawaii 96841, hereinafter called the "GRANTEES." W I T N E S S E T H : That the Grantor, in consideration of the sum of ONE DOLLAR ($1.00) to it paid by the Grantees, the receipt of which is acknowledged, does hereby grant and convey unto the Grantees, their respective successors and assigns, a perpetual right and easement to construct, reconstruct, repair, maintain and operate pole and wire lines and /or underground lines and to use such appliances and equipment as may be necessary for the transmission and distribution of electricity for light and power and /or communications and control circuits, including the right to trim and keep trimmed any tree or trees in the way of their appliances and equipment, and including also the right of entry upon the premises for the construction, maintenance, repair and operation of the pole and wire lines and equipment and /or underground lines, in order to keep them in efficient use and condition, over, under, upon, across and through those certain premises situate at Waiakahiula, District of Puna, Island, III County and State of Hawaii, being a portion of Land Commission Award 12116, Apana 40, Part 2. Said easement being all as more particularly shown in red on Exhibit A, attached hereto and by reference made a part hereof. TO HAVE AND TO HOLD the same unto the Grantees, their respective successors and assigns, forever. -2- AND THE GRANTEES do hereby covenant and agree each for itself and not for the other that: (1) They will use due care and diligence to keep the lines and appurtenances in good and safe condition and repair and will exercise their rights hereunder in a manner that will occasion only such interference with the use of the premises by the owners and occupants as is reasonably necessary; and (2) Each of the Grantees agrees to indemnify the Grantor for any and all damages to its property caused by each Grantee's own failure to properly maintain and operate said lines and appurtenances as provided in paragraph (1) above, and will indemnify and hold harmless the Grantor against all claims, suits and actions by whomsoever brought on account of injuries to persons or property caused by each Grantee's own failure to observe the covenants contained in paragraph (1) above. IT IS HEREBY MUTUALLY UNDERSTOOD AND AGREED by and � between the parties hereto that: In the event the premises across which a right and easement is hereby granted, or any part thereof, shall be condemned or taken for any public project by any governmental authority, the Grantees shall have the right to claim and recover from the condemning authority but not from the Grantor such compensation as is payable for the easement and right of way and for the poles, wires, guys, conduits and other appliances and equipment used in connection with the lines, which shall be payable to the Grantees respectively. -3- This grant of easement shall be subject to reverter to the Grantor upon the termination or abandonment of the specific purpose for which it was granted. IN WITNESS WHEREOF, the parties hereto have duly executed this instrument the day and year first above written. COUNTY OF HAWAII By Its Mayor GRANTOR APPROVED AS TO FORM AND LEGALITY DEPUTY CORPORATION COUNSEL County of Hawaii Date: 1 HAWAII ELECTRIC LIGHT COMPANY, INC. By Its By Its -4- GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED By Its GRANTEES STATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) On this day of , 1991, 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- 1.4(g) of the County Charter, County of Hawaii (1980), as amended; and said LORRAINE R. INOUYE acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary Public, State of Hawaii My commission expires: -5- STATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) On this day of , 1991, before me appeared and to me personally known, who, being by me duly sworn, did say that they are the and respectively, of the HAWAII ELECTRIC LIGHT COMPANY, INC., a Hawaii corporation, 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 said and severally acknowledged said instrument to be the free act and deed for said corporation. Notary Public, State of Hawaii My commission expires: STATE OF HAWAII ) SS. On this day of , 1991, before me appeared , to me personally known, who, being by me duly sworn, did say that he is the of GTE Hawaiian Telephone Company Incorporated, a Hawaii corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation; that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors; and the said acknowledged said instrument to be the free act and deed of said corporation. Notary Public, State of Hawaii My commission expires: -6- { . • RO AD - . �'o perty ' - Po C Line's Guy Wires j t� A E 1� { I to I • REA � ,` oa y _ Anchor c. • 11:------ 1 ANCHOR EASE MEN i � . ^v im` ' P DETAIL "A" SCALE: NoNE O . L N . / • 76.-----A,--___ i • Q h ' 5 x 5' ANCHOR EA5EME�IT -r *co / 0 CSEE DETAIL *A" A$pYE) r` " . � ^ , y °� � �_. _ = 1 C 1 A. 1 ` �, 'O S %,....- f ,°A 1 • 4%4 Y eaV ° °` I ("l •6i� �Or 1 i I 4a .s. 1 , 1� 4 l 1 1 b. O 1 1.4 e s L - '= '=__'_'_ -- . 0 if 4 1 r t : . •• PAMPA ar.. ens 4 •• 0 0 N 1 • 0 • �, • • O re / • i!. 730 Or i s I •A. ti i e •I as o•• 'J OO • 0, -. TAXATION hail IU. I4U • no VI&L •SC' L C I• iint•10 Pon C wamir N/OL A INN& WAN. �' •• • TAX MAP lt f • — � '! I. • M1 • or e, asV• awe