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Home My WebLink AboutCOM 0252.000 1998-2000 Stephen K. Yamaahiro ~ Richard Wurdeman M¢y0+ Corporation Counsel . i ei'itiit ~II1t2I~~J D~ ~.tiflltlTT OFFICE OF THE CORPORATION COL7NSEL [Ol Aupuni Strecq Sulte 375 . Hilo, Haaai'i %T20.42b2 • (808) 961-8211 • Fax (808) 961-8622 Apri15, 1999 Honorable James Arakaki, Chairman and Members Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Dear Chairman Arakaki and Council Members: Re: Grant of Easement Helco/GTE Hawn Tel Tax Map Kev (3)3-9-O1-034 We are transmitting for the Council's review and consideration for acceptance a copy of the above grant of easement, along with a resolution accepting the grant of easement. Upon acceptance of the above dedication deed, please send notification of such acceptance to: (1) Wayne A. Nakamura, Land Agent, Hawaii Electric Light Company, Inc., P. O. Box 1027, Hilo, Hawaii 96720; (2) Harry Takahashi, Director of Finance, County of Hawaii; and (3) Gerald Takase, Deputy Corporation Counsel, who will record the said grant of easement with the Bureau of Conveyances. Sincerely, RICHARD D. WURDEMAN Corporation Counse] By t~lc~_ G LD TAKASE Deputy Corporation Counsel GT:de Encs. lies . ~~'99 Comm. No. 252 FSIe No. ~,~r lief. To: ~ ~ xee, v.;to APR 15 1999 LAND COURT REGULAR SYSTEM Return try: Mail Pida~p To: GTE HAWAIIAN TtZEPHONE COMPANY P. O. Boat 2200 Honolulu, Hawaii 96841 (808) 831-4063 Ttis Document Contains Pages Affects Tax Map Key: Third Division, 3-09-001:034 Doc. No. H99-012 GRANT OF EASEMENT THIS INDENTURE made this day of , 19~ by and between COUNTY OF HAWAII, a municipal wrporation of the State of Hawaii, whose principal place of buuiness is 25 Aupuni Street, IIilo, Hawaii 96720, hereinafter called the "GRANTOR", and HAWAII ELECTRIC LIGHT COMPANY, INC., a Hawau corporation, whose principal place ofbusittass is 1200 Kilauea Avenue, Iido, Hawaii, and whose prat office address is P. O. Box 1027, IIilo, Hawaii 96721-1027, and GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED, also a Hawaii corporation, whose ptinrapal 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". ~'ITNE~$ETII: That the Grantor, in consideration of the sum of One Dollar ($1.00) to it paid by the Grantees, the receipt of which is aclmowledged, does hereby grant and convey amo the Grantees, their respective successor: 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 equipmtxtt 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 errtry 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, upoq across and through those certain premise situate in the Ookala, District of North ITilo, Island, County and State of Hawaq being portions of Grants 2467 to Hanehane et ai and Grant 10449, being further designated Parcel 34 on Tax Map 3-09-001, Third Division, State of Hawaii. Said easement being within said Parcel 34, all as more particularly shown in red on Exhibit A, attached hereto and by refere+rce made a part hereof. TO HAVE AND TO HOLD the same unto the Grantees, their respective successors and assigns, for as long as needed. 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 manntr 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 mairrtain 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 parrgaph (1) above. IT IS HEREBY MUTUALLY UNDERSTOOD AND AGREID by and between the parties hereto that: (1) Fn the event the Grantees abandon or ceases to use the easement areas hereby granted or portions thereof for a period of two (2) years after the installation of its lines, appliances and equipment, the easement areas or portion thereof shall be conclusively deemed abandoned and all rights granted hereunder shall cease and determine with rasped to the portion or portions so abandoned. Upon such abandomnerrt, the Grantces will rerrwve the overhead lines and surface appliances and equipment from the area so abandoned and restore the land as nearly as is reasonably possible to the condition existing immediately prior to the installation of the lines, appliances and equipment, the Grator hereby consenting to such removal. (2) In the event the premises across which a right and easement is hereby granted, or airy part thereof; shall be condemned or taken for arty public project by anY Bove Y> ~ Grarnoes shall have the right to claim and recover from the condemning authority but not from the Grantor such compensation as is payable for the easemeru and right of way and for the poles, wires, guys, conduits and other appliances and equipmem used in connection with the lines, which shall be payable to the Grantees respectively. 2 IN WITNESS WIIEREOF, the parties hereto have duly executed this instrument the day and year first above written RECOMMI~ID APPROVAL: COUNTY OF HAWAII By: STEPHEN K YAMASHIRO Its Mayor GRANTOR APPROVID AS TO FORM AND LEGALTIY HAWAH ELECTRIC LIGHT COMPANY, INC. BY By: Its: Its: Dated: BY Its: GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED By: Its: GRANTEES 3 STATE OF HAWAII ) SS. County of Hawari ) On this day of 19 ,before me personally appeared STEPHEN K YAMASHIRO, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a muniapal corporation of the State of Hawau; 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 Hawari by Section 5-1.3(g) of the County Charter, County of Hawau (1991), as atrtatded; and said STEPHEN K YAMASHIItO aclatowledged said in9trumerrt to be the free ad and deed of said County of Hawaii. Notary Public, State of Hawaii TypdP~iot Name My cortunission expires: 4 k ~I 01 YY__-- QJ~- l_.. l •I OFFICE OF THE COUNTY CLERK HAWAII COUNTY BUILDING COUNTY OF HAWAII HILO, HAWAII 8620 June 17, 1999 Refer: Comm. 252/ Res. 78-99 PWPC-19 To: Corporation Counsel Re: Resolution Authorizing the Grant of Easement for Utility Line Easement at Ookala, District of North Hilo, Island, County and State of Hawaii, -TMK: (3)3-9-O1-34 to Hawaii Electric Light Company, Inc., and GTE Hawaiian Telephone Company Incorporated. The following is the action of the Hawaii County Council adopted at its meeting held May 25,1999: Approve and recommend adoption of Committee on Public Works and Parks Report No. 19. (Res. 78-99 was adopted) COUNTY CLERK Att. xc: Department of Public Works Comm. No. 25---Z Department of Planning File No. ~ M.B. No. Oate:_~ REPORT OF THE COMMITTEE ON PUBLIC WORKS AND PARKS DATE: May 4, 1999 RE: COMM. NO. 252 /RESOLUTION NO. 78-99 PLACE: Councilroom TIME: 9:03 a.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public Works and Parks, to which was referred Communication No. 252, and attached Resolution No. 78-99, reports as follows: The purpose of Resolution No. 78-99 is to authorize a grant of easement for a utility line easement at Ookala, District of North Hilo, Island, County and State of Hawaii, Tax Map Key No. (3) 3-9-01-034 to Hawaii Electric Light Company, Inc,, and GTE Hawaiian Telephone Company Incorporated. The County of Hawaii is the owner of said pazcel, and a grant of easement is needed to construct, reconstruct, repair, maintain and operate pole and wirelines and/or underground lines and to use such appliances and equipment as maybe necessary for the transmission and distribution of electricity for light and power and/or communications and control circuits, over, under, upon, across, and through said pazcel. Communication No. 252 is from Gerald Takase, Deputy Corporation Counsel, dated Apri15, 1999, transmitting Resolution No. 78-99 for the Council's review and consideration. Chapter 2, Article 19, Section 2-111 (Powers of Council), of the Hawaii County Code requires that the Council, by resolution, authorize the Grant of Easement from the County of Hawaii, subject, however, to reversion to the County of Hawaii upon termination or abandomnent of the easement for the specific purposes for which it was granted. Council Member J. Curtis Tyler voted kanalua twice on this measure. Your Committee is in accord with the purpose and intent of Resolution No. 78-99, and recommends its adoption. la AYES NOES A&E EX Respectfully submitted YAGONG X ELARINOfiF X COMMITTEE ON PUBLIC WORKS & PARKS CHUNG X IACOBSON X , LEITHEAD-TODD X PISICCHIO X DOMINIC YA O )-I IR SMITH X 19 TYLER X PWPC REPORT NO. ARAKAKI E. O. M. ADOPTED: MAY 2 5 1993