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HomeMy WebLinkAboutRES 349 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. 349 -91 (Comm 2684) (1991) COUNTY OF HAWAII STATE OF HAWAII RESOLUTION No. 343 Si 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 ON COUNTY PROPERTY, TAX MAP KEY: THIRD DIVISION, 1- 5- 03 -39, LOCATED IN PAHOA, PUNA. WHEREAS, SECTION 46-66, Hawaii Revised Statutes, authorizes each County, subject to the approval of its Council, to grant, sell, or otherwise dispose of any easement for any public utility purpose by negotiation without public auction; and WHEREAS, chapter 2, article 19, section 2- 111(a)(2), Hawaii County Code, as amended, provides that the Council may, by resolution approved by a majority of its members, direct the finance director or chief engineer to grant an easement for particular purposes, subject, however, to reverter to the County upon termination or abandonment of the specific purpose for which it was granted, provided that any easement may be granted by direct negotiation and without recourse to public auction when the sale price of such easement is less than $1,000.00; and WHEREAS, the County owns land located adjacent to Pahoa High and Elementary School, Tax Map Key: Third Division, 1- 5- 03 -39; and WHEREAS, Hawaii Electric Light Company, Inc. and GTE Hawaiian Telephone Company, Inc., desire to install and maintain anchor and guy wire lines on said County -owned property; 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 on County property, Tax Map Key: Third Division, 1- 5- 03 -39, located in Pahoa, Puna, 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 nght hereof adopted by the COUNCIL DOMINGO of the County of Hawaii on HALE KOKUBUN LAI , ATTEST: MAKUAKANE RUDDLE SCHUTTE Reference C- 2684/PG:C • :OUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 343 91 L. e _ 1_s ; _ 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 -03 -39 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 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 -1027, hereinafter called the "GRANTEE." W I T N E S SETH : 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, does hereby grant and convey unto the Grantee, its 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, including the right to trim and keep trimmed any tree or trees, or to remove other obstructions, in the way of its appliances and equipment and including also the right of entry upon the premises for the construction, maintenance, repair and operation of said 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, County and State of Hawaii, being a portion of Land Commission Award 11216, 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 Grantee, its successors and assigns, forever. AND THE GRANTEE does hereby covenant and agree that: (1) It will use due care and diligence to keep its lines and appurtenances in good and safe condition and repair and will exercise its rights hereunder in a manner that will occasion the least possible interference with the use of the premises by the owner and occupants; and -2- (2) It will indemnify the Grantor for any and all damages to its property caused by the Grantee's failure to properly maintain and operate its lines and appurtenances as provided in said 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 the Grantee's 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 Grantee shall have the right to claim and recover from the condemning authority but not from the Grantor, such compensation as is payable for the said 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 Grantee. 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. -3- 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: HAWAII ELECTRIC LIGHT COMPANY, INC. By Its By Its 1 -4- 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: 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 Hoard 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: -5- re • ~ al paca 6......, �...� ldl , . re : woe sai 11 �a s,is 134, � e - 0 4 1 „a/de ` i •eoe 1 + N . .\ w w i .1 "442 i nfra el ry � Y , Miwsuo 9sc. _ ri6 Ere 0� 1 Jam: ip .T /G A 0 , -0 g' Stowe 17. v a =; Q O Anchor 1,..-' Ins re ' v A. O► a �.5:" I EASEMENT 6 It AttEA � i Guy Wirers ,/ i ♦asw•s r 3 ' / 3s' ere 4' ANCHOR EASEMENT 1; ,e.e.•,. DETAIL ' 0 � e e o Scale: I 10' • �` a //s O . ik 8 " 1 e s CD cause of i G µ . � 9 j p %• , • . Pei ' eea i O4 �1 06 to • 1 t0i � or 0 0.aas ila . / -A / t. e To sr t s 47 X....' q vai �i Owls 14 0 v s' fir P ,, Nae+ 4523 •f . ono CI �1 Y ser V 1:?••••\ 1 i O I � is; 7 \4- 49 3 MI- Or 7 r © + • me 0 . ' 1/1 DIVISION \ a ` � ^NS R h� s e• r ZONE I SEC PLAT 'q .MAN /AHIICU HOMESTEADS, PUNA.HAWAI g - - +�' r 1 ■ `•' O ' . cceln Iw PARCELS SCALE' I n0200 IL 1 11 J � ,___- -- _ - H90 -285 I _ STAT@ OP HAWAII BUREAU OP CONVEYANCIS J D OCT 17 1990 I Doer. 470 2 - /7.9 LAND COURT SYSTEM REGULAR SYSTEM RETURN BY MAIL ( ) PICKUP ( ) TO: AFFECTS TAX MAP KEY: 1- 5 -3 -39, 3rd Division THIS INDENTURE made this day of 19 I , by and between COUNTY OF HAWAII, a Municipal Corporation of the State of Hawaii, whose principal place of business and post office address is 25 Aupuni Street, District of Hilo, County, Island and State of Hawaii, hereinafter called the Grantor, and GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED, a Hawaii corporation, whose principal place of business is 1177 Bishop Street, City and County of Honolulu, State of Hawaii, and whose post office address is P. O. Box 2200, Honolulu aforesaid, and HAWAII ELECTRIC LIGHT COMPANY, INC., a Hawaii corporation, whose principal place of business is 1200 Kilauea Avenue, District of Hilo, County, Island and State of Hawaii, and whose post office address is P. O. Box 1027, Hilo aforesaid, hereinafter called the Grantees, — J - 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, the receipt whereof is hereby acknowledged, does hereby grant and convey unto the Grantees, their successors and assigns, a perpetual right and easement to build, construct, reconstruct, rebuild, repair, maintain and operate pole and wire lines and /or underground lines, and to use such poles, wires, guys, anchors, conduits and other 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 said poles and wires and other appliances and equipment, and including also the right of entry upon the premises for the construction, maintenance, repair and operation of said pole and wire lines and /or underground lines, in efficient use and condition over, under, upon, across and through those certain premises situate on the Westerly Side of Kalapana Road, at Waiakahiula, District of Puna, County, Island and State of Hawaii, being a portion of Royal Patent 8095, Land Commission Award 11,216, Apana 40, Part 2 to M. Kekauonohi, being also a portion of Pahoa High and Elementary School Site, Parcel 39 of Tax Map Key 1 -5 -3, 3rd Division. Said easement being as more particularly described in Exhibit "A" and shown in red on Exhibit "B ", both exhibits being + attached hereto and by reference made a part hereof. I 1 • ' f 1 TO HAVE AND TO HOLD the same unto the Grantees, their respective successors and assigns, forever. AND THE GRANTEES do hereby covenant and agree each for itself and not for the other: (1) That they will use due care and diligence to keep said lines and appurtenances in good and safe condition and i repair and will exercise their rights hereunder in such manner as I to occasion as little interference as reasonably necessary with I the use of said lands by the owners and occupants thereof; and (2) Each of the Grantees agree to indemnify the Grantor for any and all damages to it 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 indem- 1 nify and hold harmless the Grantor against all claims, suits and j actions by whomsoever brought on account of injuries to persons I or property caused by each Grantee's own failure to observe the I covenants contained in said paragraph (1). IT IS HEREBY MUTUALLY UNDERSTOOD AND AGREED by and between the parties hereto: That if at any time the premises across which a right i and easement is hereby granted or any part thereof, shall be con- demned or taken for any public project by any governmental authority, the Grantees shall have the right to claim and recover I from the condemning authority but not from the Grantor such com- 1 I pensation as is payable for the said easement and right of way and for the poles, wires, guys, anchors, conduits and other appliances and equipment in connection with said lines, which j I i . i , shall be payable to the Grantees respectively. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above writ- ten. APPROVED ci, to COUNTY OF HAWAII (r /,' ,,y ( I I,' y� i Il It Mayor ip f 4 P i" Grantor GTO HAWAIIAN TELEPHONE CO. INCORPORATED Network Provifion Dept. Chck eed WO GTE HAWAIIAN TELEPHONE COMPANY Approved_ INCORPORATED By la u.Gw/ /! /at tAith. Its VICE PRESIDENT ( XTERNAL AFFAIRS HELCO HAWAII ELECTRIC LIGHT COMPANY, Approved INC. c 9 ��'' Lund By �, .. ( ( _.. Its p,t&.m Its Acu vw u ;N 1rl Grantees STATE OF HAWAII SS. COUNTY OF HAWAII ) On this )� day of 5t144.,--lace , 1910, before me personally appeared LARRY S. TANIMOTO, to me personally known, who, being by me 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 said County of Hawaii; and said LARRY S. TANIMOTO acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary Public, tate of Hawaii My commission expires: h 113 II STATE OF HAWAII SS. COUNTY OF HAWAII On this day of , 19 , before me appeared , to me personally known, who, being by me duly sworn, did say that he is the 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 said corporation; that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said severally acknowledged said instrument to be the free act and deed of said corporation. Notary Public, State of Hawaii My Commission expires: STATE OF HAWAII SS. CITY AND COUNTY OF HONOLULU ) On this L,tM day of (t'0,& ewc , 199e , before me appeared V ARUNTI IIAIU , to me personally known, who, being by me duly sworn, did say that he is the V CC PRESIDENT FXTLRNAI AFFAIRS of GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED, a Hawaii corpora- tion, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and said instrument was signed and sealed in 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. %I Notary Public "' My Commission expires: STATE OF HAWAII SS. COUNTY OF HAWAII On this -1/ day of , =u x.•� < °� , 19 `/o , before me appeared Mamma A On and William J. Stormont to me personally known, who, being by me duly sworn, did say that they are the and Asystant Secretary respectively, of 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 Officers acknowledged said instrument to be the free act and deed of said corporation. 4 l .� Notary Public, State of Hawaii • My Commission expires: 7/5/7Y 1 t L N 5 -7Z7 iK EASEMENT 3 For Poleline and Anchor Purposes Land Situated on the Westerly Side of Kalapana Road, At Waiakahiula, Puna, Hawaii Being a Portion of Royal Patent 8095, Land Commission Award 11,216, Apana 40, Part 2 to M. Kekauonohi Being Also a Portion of Pahoa High and Elementary School Site (County of Hawaii - Owner) Beginning at the North corner of this easement, being also the Northeast corner of Pahoa High and Elementary School Site (County of Hawaii - Owner) and on the Westerly side of Kalapana Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PAHOA" being 4,402.41 feet South and 5,324.52 feet East, and running by true azimuths measured clockwise from South: 1. 358 51' 164.86 feet along the Westerly side of Kalapana Road; 2. 38 19' 11.85 feet along a jog in the Westerly side of Kalapana Road and State of Hawaii, Executive Order 3109 (addition to Pahoa High and Elementary School); 3. 89 41' 15.52 feet; 4. 179 41' 3.00 feet; 5. 269 41' 17.04 feet; • 6. 180 51' 171.14 feet to the point of beginning and containing an area of 545 square feet, more or less. N K AUSTIN, TSUTSUMI & ASSOCIATES, INC. B Description Prepared By: ar REG►STERM LAND SURVEYO$ 1697.5 e 1,' w W _ Regis ed Professional Surveyor Certificate No. 1697 —S Hilo, Hawaii August 28, 1984 1 51s+e of 1-4aws ' _ ^ / � (Owner) p �r Q� —, 18 -+ 4 '1 1 . \ ; i ' SE!: ttiSE — A —�r : O I ,\ C� .,, - � 558 S. LS kc fi r a P° G I i 7 c ' `' S lb o Pro � v �� 7 _ _ r 4 9 G C? 0 `A• �' c c- ' � ' -p , U 0 C or - 0 v 11. ,, T J fi� 9 • s 1 l' 4 1 <4 0, L 4 J ' c " 3 , c i 77 ' 0 J b 5^.2s '.Z' 0 n �r ‘S r 40 (' I ' v "Pso . 0 t " -. •1 co r m \„ p J r o • tti m v\f �e • �i 9 0 O i �� r � u cif i7 w'' c I n - C "4 ' 7 04- -- .. Q . .0 - co '1/4) 0 , W\_i rr / It vQf q C ti ? Y 1 Y y tJ 4‘ T- I Q,> G l NE ' A„ \ ` ,> 5c S(e : = 6o' 'y ( n ti . i - 1 vim\ i=-,---- ' 7-. \ v." ; PLAN 51- ;Ov +1':G EASEME _" J / r FOR 1^ n ..� � r .. FOR t . 0 L E LINE Ai 1 rylN i tilo re r�L;RP03E r