The URL can be used to link to this page

Home My WebLink AboutCOM 0331.000 1998-2000 t~ ~ Stephen K. Yatnashiro Richard Wurdeman Muyo* Corpor¢~ion Co~nu7 r-~ ~unnf~r II~ ~.ttfuttii '99 JUN 7 P.~I 9 28 OFFICE OF THE COItI'ORATION COUNSEk(C~O~~U~7N~ TY(n~ CLF~ ~K 101 Aupunl 5trxb Sulte 325 • Hllo, Hawaii %720.4262 • (808) %1~82S1 • Fax'i!!06'T'9141~71r HAWAII June 4, 1999 Honorable James Arakaki, Chairman and Members Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Dear Chairman Arakaki and Council Members: Re: J.C. Penney Building Grant of Easement to GTE Hawaiian Tel Tax Map Key.(312-2-IS-033(portionl We are transmitting for the Council's review and consideration for acceptance a copy of a grant of easement, along with a resolution accepting the grant of easement. Upon acceptance of the above grant of easement, please send notification of such acceptance to: (1) Harry Takahashi, Director of Finance, County of Hawaii; and (2) Gerald Takase, Deputy Corporation Counsel, who will see to the execution and recording of the said grant of easement. Sincerely, RICHARD D. WLJRDEMAN Corporation Counsel By D TAKASE Deputy Corporation Counsel GT:de Encs. a:\penney\transgtereso.wpd RCS . ~,oi. -9 9 3 3 r Comm. No. DO C File No. Ref. To: PW PG R,ef. Bate ~H 7 ~ LAND COURT SYSTEM REGULAR SYSTEM Return by Mail (XJ~ Pickup ( ) To: Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 a:\penney\GTEease,wpd Tax Map Key (3)2-2-15-033 (por.) GRANT OF EASEMENT THIS INDENTURE made this day of , 1998, by and between the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, herein- after called the Grantor, and GTE HAWAIIAN TELEPHONE COMPANY, INCORPORATED, a Hawaii corporation, whose principal place of business is 1177 Bishop Street, Honolulu, Hawaii, and whose mailing address is P. O. Box 2200, Honolulu, Hawaii 96805, hereinafter called the Grantee, WITNESSETH: -1- That the Grantor, in consideration of the sum of One Dollaz ($1.00) to it paid, the receipt whereof is hereby acknowledged, does hereby grant and convey unto the Grantee, its successors and assigns, a right and easement to build, construct, reconstruct, rebuild, repair, maintain and operate underground lines and above ground cross-connect cabinet and to use such conduits and cabinet for the transmission and distribution of electricity to be used for communications and control circuits, and including also the right of entry upon the premises for the construction, maintenance, repair and operation of said underground lines and cabinet, in efficient use and condition over, under, upon, across and through those certain premises situate off Kilauea Avenue, District of South Hilo, County, Island and State of Hawaii, within a portion of Grant 5-14322, also being a portion of Block "B," Kaiko'o Mall Shopping Center, being five feet (5') in width and ten feet (10') in length on the northerly side and eleven feet six inches (11'6") on the southerly side, all as more particulazly shown cross hatched on GTE Hawaiian Telephone Company's map attached hereto and by reference made a part hereof. Reserving, also, unto Grantor and its successors and assigns: the right to relocate or to require Grantee to relocate the above-described easement and any improvements constructed by Grantee upon ninety days written notice to Grantee. Upon such relocation Grantee shall deliver to Grantor a quitclaim of the above-described easement, and Grantor shall deliver to Grantee an easement relating to the relocated easement. TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns. AND THE GRANTEE does hereby covenant and agree: (1) That it will use due care and diligence to keep said lines and appurtenances in good and safe condition and repair and will exercise its rights hereunder in such manner as to not unduly interfere with the use of said lands by the owners and occupants thereof and will -2- promptly repair any and all damage to any improvements to Grantor, its successors and assigns, which arises from exercise of the easement; and (2) That the Grantee agrees to defend, indemnify and hold harmless the Grantor for any and all damages to its property for all liability and costs and against all claims, suits and actions by whomsoever brought on account of injuries to persons or property caused by the Grantee's own failure to observe the covenants contained in pazagraph (1) above, or arising from any act, omission or negligence of Grantee, or its contractors, licensees, agents, servants or employees in making use of the easement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and yeaz first above written. COUNTY OF HAWAII By STEPHEN K. YAMASHIRO Its Mayor GTE HAWAIIAN TELEPHONE COMPANY, INCORPORATED By Its APPROVED AS TO FORM AND LEGALITY: GERALD TAKASE Deputy Corporation Counsel -3- STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 1998, 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 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 Section 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said STEPHEN K. YAMASHIRO acknowledged said instrument to be the free act and deed of said County of Hawaii. Signature Print or type name Notary Public, State of Hawaii My Commission Expires: -4- STATE OF HAWAII ) SS. CITY AND COUNTY OF HONOLULU ) On this day of , 1997, 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 that said acknowledged said instrument to be the free act and deed of said corporation. Signature Print or Type Name Notary Public, State of Hawaii My Commission Expires: -5- ~~i~t..J.; ~ a., 1 ' 1 EXBIBIT "A" pAUAK sT . ~o` 0~ . ~ • ~ ~ ~ _ . _ i j • ~ ~ ~ ` ~ ' ~ ~ i 1~ P~Fix~NG ~~QV~ 1 ~ A Ra A Q ~ ° t r ~i ~ ~ l ~ . • ~ 1 '~P~~. • moo` tLaolSS ~ ,F~c•RFA N ' Q ~ ~ ~S.C,-P~iNy c'o.~ Le. ~ • ~ ~ a ~ ~ ~ ~ • d s 1A 2 d ' Q p. K A I Ko'o 1~?ALL 5 i~bpF'INlq G~T~R. - ~ASEMEl.1T- Ft/.WqllM! 7ELEPFIONE CO:+SPANY °A~ D HAWAII µ«LLe. E~