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Home My WebLink AboutRES 023 Draft 01 2010-2012COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 23 11 RESOLUTION AUTHORIZING THE GRANT OF EASEMENT FOR WATER METER BOX PURPOSES AT KA -AO, DISTRICT OF HAMAKUA, COUNTY AND STATE OF HAWAII, TAX MAP KEY: (3)4-5-003-018 (por.) TO THE WATER BOARD OF THE COUNTY OF HAWAII. BE IT RESOLVED BY THE. COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, the County of Hawaii ("County") owns Tax Map Key: (3)4-5-003-018; and WHEREAS, the Church of Jesus Christ of Latter -Day Saints, a foreign non-profit corporation ("Latter -Day Saints"), plans to improve its Honoka`a Ward site Located at 45-3259 Hawaii Belt Road, Honoka`a, Hawaii, Tax Map Key: (3)4-5-003-069; and WHEREAS, the Latter -Day Saints requested an easement (see Exhibit "A") from the County to place a water meter box on a portion of the County's parcel, identified as Tax Map Key: (3)4-5-003-018 (see Exhibit `B"), to be in compliance with building permit requirements; and WHEREAS, the Latter -Day Saints further desires that the grant of easement be granted to Water Board of the County of Hawaii; and WHEREAS, the Water Board of the County of Hawaii has no objection to an easement being granted in its favor; and WHEREAS, the Department of Public Works has no objection to the requested casement on the condition that the water meter box be placed on the shoulder and away frorn any vehicular travel way; and WHEREAS, this easement will assist the Latter -Day Saints to be in compliance with building code requirements for their classrooms which were built on its parcel and therefore serves the public purpose, and WHEREAS, pursuant to Sections 2-120(a)(4) and 2-111(2), Hawaii County Code, the Council is authorized to grant easements to non -profits for particular purposes, subject to reverter to the County of Hawaii upon termination or abandonment of the specific purpose. NOW, THEREFORE, BE IT RESOLVED BY lT'HE COUNCIL OF THE COUN I'Y OF' HAWAII, that the Finance Director is hereby authorized to grant Easement W- 1. as described ill Exhibit "A" and delineated in Exhibit "B" attached hereto.. to the Board of Water of the County of Hawaii, pursuant to Chapter 2, Article 19, Hawai-i County Code, across parcel Tax Map Key: (3)4-5-003-018 (por.), and that such grant of easement is subject to reversion to the County of Hawaii upon its tennination or abandonment. BE IT FURTHER RESOLVED that the County Clerk shall transmit a copy of this resolution to (1) Mayor William Kenoi; (2) Nancy Crawford, Director of Finance; (3) Warren l.ee, Director of Public Works; (4) Milton Pavao, Manager of Department of Water Supply; (5) Deputy Corporation Counsel Craig 'T. Masuda; (6) Edmond Akiona, Architect, P.(-), Box 1197. \y`ailuktt. Maui, Hawaii 96793, (7) Clyde K. Matsunaga, Imata & Associates, Inc., 171 Kapi'olani Street, Hilo, Hawaii 96720; and (8) The Church of Jesus Christ of Latter -Day Saints. Office of the General Counsel, 60 E. South Temple, Suite 1800, Salt Lake City, Utah 84111. Dated at Hilo . Hawai`i, this 20th day of January . 2011. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL Countv of Hawaii Hilo. Hawaii I hereby certif l that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on January 20, 2011 ATTEST. 1 � I COUNTY CLERK CHAIRPERSON & PRESIDIN( lF 2 . _.... ................. ... _.. _. ........ ROLL CALL. AYES VOTE NOFS ABS BLAS ----- FORD X X HOFFMAN IKEDA X .._...._......_..._ ONISHI X PILAGO SMAR'r X _._......_..-.._. X .......... ..... _..... _.............................. YAGONG X YOSHIMOTO ..._.._._.._.................__. X ................. 7 ..... ..........................__................. 0 t 2 FY Reference:-----..____C.-39/FWPRC Z RESOLU ION NO. 23 11 1") EASEMENT W-1 FOR WATER METER BOX PURPOSES LAND SITUATED AT KAAO, HAMAKUA, ISLAND OF HAWAII, HAWAII. Being a portion of Grant 7191 to Maria DeSilva Gouveia. Being also a portion of County of Hawaii Land. Beginning atthe northeast comer of this easement, being also the northeast comer of County of Hawaii Land and along the southerly side of Hawaii Belt Road, Project No. SDR 3(7), Section 19F, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PAAUHAU", being 1,759.00 feet North and 4,855.16 feet West, thence running by azimuths measured clockwise from true South: 1. 24" 58' 11.02 feet along the remainder of Grant 7191 to Maria De Silva Gouveia; 2. 1111, 15' 42.85 feet along the remainder of Grant 7191 to Maria DeSilva Gouveia (remainder of County of Hawaii Land); 3. Thence along the remainder of Grant 7191 to Maria DeSilva Gouveia (Lot A) on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 142° 52' 23" 20.97 feet; 4. 291 ° 15' 61.42 feet along Hawaii Belt Road, Project No. SDR 3(7), Section 19F to the point of Easement W-1 Page 1 of 2 EXHIBIT "A" beginning and containing an area of 531 Square Feet. * St yEYpq * Natalie K. Imata No. sats Licensed Professional Land Surveyor P' Certificate No. 5816 Exp. April 2010 Tax Map Key: 3' Div. 4-5-03:18 Easement W-1 Page 2 of 2 From: Edmond Aldona To: Daryl Inaba Date: 11082009 Time: 9:37:52 PIVI Hawaii Wt Redd ---to Waimea Project No. SDR 3(7), Section 199 2.51 11 15' 61 42 142 - 52- ' 237 29.19. 429' R=M00 Easement W— I F6r Wafer Meter _Boxes Purposes r vt VS 11 - i f-0, tip O14a Do S-0va zr M Counhy of Hawaii . (qrne-�l 5.004 T.Y.K.: 3rd 01-i. lif'. 151 -42.55 Grant 7191 Lo t A Church of Janus Ci rls-i LOS . (Gwntr) T..U.,K.i 3rd Div. 4-5-03-. 69 to HU0 - w- 1,754.06— N 0 �0.ovyefa Ai.f.regi J. Andrade Leri, , (Owfter) . . i5ird Mv. 4-5-03.122 Eosement—W.—l- For W'-ater Meter Box Purposes Land situated of K000, Ham.akua, Island of Hawaii, Hawoll 8-elng a portion of Grant 7191 to Muric D-eSiliva Gouveia.. Bel-eig qf-s:o a p*011o.6 of -County of Hawaii Land. 71 F-epared Sy: l!5z lrn6ta -and Associates, Inc. rnt�x 171 Kaptalartl Sireet t v. 5816 H 9.6720 Tax. Mop Key: d,V ON, 4-$--O� '.18 Received Time Oct. 7. 2009 9:36PM No -1655 This work was prepared by rre or urtzler- my sup4rYlialon Ndiaffe fC. Imcitc Ur,snsed Profeasiortol Land Surveyor Cartlific6fe NuMbor 58.16 Expires; ApA. 30, 1046 Vigarch. 27, 2009 EXH I BIT 4fB9) Page 3 of 3 I w 3 '9'YI1 '33W109 e e LAND COURT REGULAR SYSTEM (AREA ABOVE RESERVED FOR RECORDING INFORMATION) After Recordation, Return by ® Mail or ❑ Pick-up Phone#: FILL IN NAME AND ADDRESS BELOW: Office of the Corporation Counsel (CTM) 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 DOCUMENT CONTAINS PAGES TITLE OF DOCUMENT: GRANT OF EASEMENT FOR WATER METER PARTIES TO DOCUMENT GRANTOR: COUNTY OF HAWAPI 25 Aupuni Street Hilo, Hawaii 96720 GRANTEE: WATER BOARD OF THE COUNTY OF HAWAII 345 Kekuana6`a Street, Suite 20 Hilo, Hawaii 96720 AFFECTS TAX MAP KEYS: (3) 4-5-003:018 (por.) GRANT OF EASEMENT THIS GRANT OF EASEMENT, made and entered into this day of by and between the COUNTY OF HAWAPI, a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "Grantor," and the WATER BOARD OF THE COUNTY OF HAWAPI, whose principal place of business and mailing address is 345 Kekuana6`a Street, Suite 20, Hilo, Hawaii 96720, hereinafter called the "Grantee." WITNESSETH: WHEREAS, Grantor owns those certain premises located at Ka`ao, District of Hamakua Honoka'a, Hawaii, Tax Map Key No. (3) 4-5-003:018; and WHEREAS, Grantee desires to install a new water meter within certain areas of Grantor's property; and WHEREAS, Grantor desires to give the necessary consent upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the Grantor and Grantee hereto agree as follows: Demise and Description of Premises. The Grantor, in consideration of the sum of One Dollar ($1.00) and other valuable consideration to it paid by the Grantee, the receipt of which is acknowledged, and of the covenants herein contained and on the part of the Grantee to be observed and performed, and upon and subject to the terms and conditions hereinafter set forth, does hereby grant the following to Grantee: Perpetual easement with permission to install and maintain, repair and replace the water meter and/or any other related improvements on premises owned by Grantor situate at Honoka'a, County and State of Hawaii, said easement being more particularly described as 2 Easement W-1 described in Exhibit "A" and delineated on Exhibit "B," both of which are attached hereto and made a part hereof by reference. 2. Covenant. No fence, wall, building, structure, nor hedge, shrub, planting or landscaping, or any part thereof shall be allowed within the easement which would obstruct, impair, limit or interfere with the Grantee's access to the water meter or facilities installed within Easement W-1. 3. Indemnification. Grantee agrees to indemnify, defend and save harmless, the Grantor, its successors and assigns, from and against any and all actions, claims, suits, damages, or costs arising out of or resulting from the installation, repair, maintenance or replacement of the water meter or improvements and all appurtenances connected therewith. 4. Access and Maintenance. Grantor grants to Grantee the right of ingress and egress at all reasonable times for the installation, repair, maintenance or replacement of the water meter or improvements and all appurtenances connected therewith. Nothing contained herein shall be deemed to require, obligate or impose a duty on the Grantee to maintain any portion of the real property designated herein. 5. Release and Surrender. The County agrees that upon completion of installation of the subject water meter and appurtenant facilities and improvements, the County will, at its own expense, release and surrender to the Grantor any portions of the easement granted herein which are not reasonably necessary for the installation, maintenance, repair or replacement of the water meter and appurtenant facilities and improvements as built. 6. Parties of Interest and Duration. The covenants and restrictions contained herein shall terminate and be of no further effect, whether legal or equitable, at such time as the Grantee releases said easement and restrictions in writing, or Grantor transfers said property to Grantee. The covenants W contained in this grant of easement shall inure to the benefit of, and be binding upon the parties and their respective successors and assigns and deemed to run with the land. 7. Entire Agreement. This Grant of Easement constitutes the entire agreement of the parties with respect to the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have executed these presents on the day and year first above written. COUNTY OF HAWAII I:A GRANTEE WATER BOARD OF THE COUNTY OF HAWAII LM RECOMMEND APPROVAL: MILTON D. PAVAO, P.E. Manager, Department of Water Supply RECOMMEND APPROVAL: NANCY CRAWFORD Director of Finance APPROVED AS TO FORM AND LEGALITY: CRAIG T. MASUDA Deputy Corporation Counsel Its Chairman 0 GRANTOR STATE OF HAWAII SS. COUNTY OF HAWAII On this day of , 2010, before me appeared to me personally known, who, being by me duly sworn, did say that he is the of the Water Board of the County of Hawaii, and that the seal affixed to the foregoing instrument is the seal of the Department of Water Supply of the County of Hawaii, and that the instrument was signed and sealed in behalf of the Water Board by authority of said Water Board, and said acknowledged said instrument to be the free act and deed of the Water Board. Signature Doc. Date: Notary Name: Doc. Description: GRANT OF EASEMENT TMK No.: (3) 4-5-03:018 (nor.) Print name Notary Public, State of Hawaii My commission expires: NOTARY CERTIFICATION No. of Pages: Third Circuit Notary Signature E Date STATE OF HAWAII ) ) SS: COUNTY OF HAWAII ) Con before me personally appeared WILLIAM P. KENOI, to me personally known, who, being by me duly sworn, did say that WILLIAM P. KENOI 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 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 Sections 5-1.3 and 13-13 of the County Charter, County of Hawaii (2000), as amended; and said WILLIAM P. KENOI acknowledged said instrument to be the free act and deed of said County of Hawaii. Signature Print name Notary Public, State of Hawaii My commission expires: NOTARY CERTIFICATION Doc. Date: No. of Pages: Notary Name: Third Circuit Doc. Description: GRANT OF EASEMENT TMK No.: (3) 4-5-03:018 (por.) Notary Signature Date 0