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start date: 04/06/2026
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IN THE FAMILY COURT OF THE FIRST CIRCUIT
STATE OF HAWAI'I
FC-S No. 25-00095
In the Interest of a Male Child, born to Cristyn Chun, on July 23, 2025.
THE STATE OF HAWAI'I
TO: CRISTYN CHUN UNKNOWN NATURAL FATHER
Mother
FC-S No. 25-00094
In the Interest of a Female Child, born to Tiffany Crombie, on July 23, 2025.
THE STATE OF HAWAI'I
TO: CHARLES CHEEK UNKNOWN NATURAL FATHER
Alleged Natural Father
FC-S No. 25-00126
In the Interest of a Male Child, born on July 19, 2025; a Male Child, born on
July 19, 2025, to Jakori Curlee.
THE STATE OF HAWAI'I
TO: UNKNOWN NATURAL FATHER
FC-S No. 25-00067
In the Interest of a Male Child, born to Kylie E. Young, on October 27, 2024.
THE STATE OF HAWAI'I
TO: JAMES M. KEANU
Alleged Natural Father
FC-S No. 25-00106
In the Interest of a Male Child, born to Julie Kindstrand Nelson, on August 25, 2025.
THE STATE OF HAWAI'I
TO: JULIE KINDSTRAND NELSON UNKNOWN NATURAL FATHER
Mother
BRYSON HALEMANU,
aka BRYSON NOAHALEMANU,
aka BRYSON NOA,
aka BRYSON NOA-HALEMANU
Alleged Natural Father
FC-S No. 25-00132
In the Interest of a Male Child, born to Amanda Littrell, on November 10, 2025.
THE STATE OF HAWAI'I
TO: AMANDA LITTRELL UNKNOWN NATURAL FATHER
Mother
FC-S No. 25-00057
In the Interest of a Female Child, born on March 29, 2015; a Female Child, born on January 24, 2018, to Carmella Kaeo.
THE STATE OF HAWAI'I
TO: CARMELLA KAEO
Mother
FC-S No. 25-00120
In the Interest of a Female Child, born on April 10, 2013; a Female Child, born on April 11, 2014; a Male Child, born on October 22, 2015; a Female Child, born on August 3, 2024, to Tagitagi Nimoai.
THE STATE OF HAWAI'I
TO: UNKNOWN NATURAL FATHER
of Female Child born on 8/3/24
FC-S No. 25-00112
In the Interest of a Female Child, born to India Anderson, on September 27, 2011.
THE STATE OF HAWAI'I
TO: AARON O'NEAL PALMER
Legal Father
FC-S No. 25-00144
In the Interest of a Male Child, born on June 1, 2009; a Male Child, born on November 18, 2016; a Female Child, born on July 9, 2018; a Male Child, born on December 10, 2025, to Tanya Liu-Villarosa.
THE STATE OF HAWAI'I
TO: UNKNOWN NATURAL FATHER
of Male Child born on 12/10/25
FC-S No. 25-00129
In the Interest of a Male Child, born to Sarah Reed, on November 1, 2025.
THE STATE OF HAWAI'I
TO: UNKNOWN NATURAL FATHER
FC-S No. 25-00135
In the Interest of a Male Child, born to Enisa Siochy, on June 17, 2017.
THE STATE OF HAWAI'I
TO: ENISA SIOCHY UNKNOWN NATURAL FATHER
Mother
FC-S No. 25-00125
In the Interest of a Female Child, born to Angelina Yoshikawa, on April 6, 2025.
THE STATE OF HAWAI'I
TO: KORY D. CRISP UNKNOWN NATURAL FATHER
Alleged Natural Father
YOU ARE HEREBY NOTIFIED that a hearing with respect to the above-identified matters has been set in each of the above-entitled proceedings and will be held in the Family Court, at the Ronald T. Y. Moon Kapolei Courthouse, 4675 Kapolei Parkway, Kapolei, Hawai'i 96707, on THURSDAY, the 4TH DAY of JUNE 2026, at 1:30 P.M., before the Honorable Presiding Judge of the above-entitled Court; provided that you may request an earlier hearing to be set by the Court.
You are hereby advised that if you fail to appear on the date set forth in this notice or to file an answer with the Clerk of the Family Court of the First Circuit, whose mailing address is Ronald T. Y. Moon Kapolei Courthouse, 4675 Kapolei Parkway, Kapolei, Hawai'i 96707, further action shall be taken without further notice to you and your parental and custodial rights and duties concerning the child(ren) who is/are the subject of a petition may be terminated by an award of permanent custody to the Department of Human Services and that such child(ren) may then be placed for adoption.
DATED: Kapolei, Hawai'i, March 11, 2026.
S. THUENER (SEAL)
CLERK OF THE ABOVE-ENTITLED COURT
ANNE E. LOPEZ 7609
Attorney General
SIMEONA A. MARIANO 8093
Deputy Attorney General
1001 Kamokila Blvd., Suite 211
Kapolei, Hawai'i 96707
Telephone: (808) 693-7081
Attorneys for the Department
of Human Services
(SA1524396 4/06, 4/13, 4/20, 4/27/26)
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NOTICE OF PUBLIC HEARING
The Kaua'i County's Board of Ethics will hold a public hearing in the Boards & Commissions Conference Room of the Pi`ikoi Building, located at 4444 Rice Street, Suite 300, Lihu'e, Kaua'i, Hawai'i, on May 15, 2026 at 1:00 p.m. or as soon as possible thereafter, for purposes of hearing and receiving public testimony and comments from all interested persons regarding the following item:
PROPOSED AMENDMENTS TO THE
KAUA`I COUNTY BOARD OF ETHICS
RULES AND REGULATIONS – PART I
The Kaua'i County Board of Ethics (the "Board") has proposed to amend Rule 1, Rule 2, Rule 3, Rule 5, Rule 6, Rule 7, and Rule 8 of the Board's Rules and Regulations to allow for anonymous complaints. The particular changes are as described below. Rule material to be repealed is bracketed and stricken. New material is underscored.
RULE 1: GENERAL PROVISIONS
1.2 DEFINITIONS
"Answer" – the written response to the [complaint] Complaint filed with the Board by the person disputing that [complaint] Complaint.
"Complainant" – the party who has filed a [complaint] Complaint alleging that an officer or employee has violated the Code of Ethics.
"Complaint" – a written complaint whether signed and notarized under oath or anonymous [notarized letter], or a document authorized by a resolution of the Board, setting forth the basic facts alleging a violation of one or more provisions of the Code of Ethics.
"Decision" – the written conclusion of the Board rendered after the hearing, upon due deliberation of a [complaint] Complaint.
"Deleted opinion or decision" – a summary of an [advisory opinion] Advisory Opinion, or decision, in which the identity of persons is not disclosed.
"Ruling" – a statement of Board action, which may be followed by an [advisory opinion] Advisory Opinion rendered due to the requester's need for immediate guidance.
RULE 2: DOCUMENTS, SERVICE, WITNESSES AND SUBPOENAS
2.1 FILING OF DOCUMENTS
(a) Where. All disclosures, [complaints] Complaints, requests for opinions, motions, submittals, reports, petitions, briefs, memoranda, and other papers required to be filed with the Board shall be filed by either mailing or hand-carrying same to the Office of the Board of Ethics. The date of the actual receipt of all papers filed and such shall be deemed the official time of filing.
(b) Certificate of Truth. All papers shall be legible and be signed in ink by the party executing same or by his duly authorized agent or attorney. The signature of the person signing the document constitutes a certification that he had read the document; that to the best of his knowledge, information and belief, every statement contained therein is true and no such statements are misleading; and that it is not for purposes of delay. Anonymous submissions may be accepted provided that the filing clearly states that it is submitted anonymously.
(c) Name and Address of Affected Persons. The initial document filed by any person in any proceeding shall state on the first page thereof his name, mailing address, and telephone number as well as the name, mailing address, and telephone number of others to be served with any documents filed in the proceeding. Anonymous submissions may be accepted provided that the filing clearly states that it is submitted anonymously.
2.4 SERVICE OF PROCESS
(a) By Whom Served. The Board shall cause to be served all orders, notices, and other papers which it is required by law to serve. Answers, motions, memoranda, and other pleadings relating to [complaints] the Complaints or hearing shall be served by the party filing same.
(c) Method of Service. The [service of complaint] Complaint, shall be [made] personally served, unless anonymous, upon the Board. [the individual, or in case he] The Board shall then serve the Respondent the Complaint, including any Answers, motions, memoranda, and other pleadings relating to the Complaint. If the Respondent cannot be found, service may instead be made by leaving copies at his usual place of abode with some person of suitable age and discretion then residing there, or by delivering a copy to an agent designated by him or by law to receive service of such papers.
RULE 3: DISCLOSURE REQUIREMENTS
3.3 PROCEDURE AFTER FILING
Each disclosure will be reviewed by the Board for conflicts of interest. If a conflict or potential conflict is found, the Board will so notify the individual and advise corrective action to be taken to avoid violation of the Code of Ethics. Where the situation is deemed to have precedential value, the Board will proceed as though the disclosure was a request for an [advisory opinion] Advisory Opinion, and after rendering such, circulate a deleted [advisory opinion] Advisory Opinion to appropriate county agencies, officers, and employees.
RULE 5: ADVISORY OPINION
5.1 REQUEST FOR ADVISORY OPINION
(a) Applicability. Advisory [opinions] Opinions may be requested by officers or employees to assist them in the proper performance of their official duties and responsibilities in accordance with the Code of Ethics.
(b) Form. All requests for [advisory opinions] Advisory Opinions made to the Board shall be in writing and shall contain (1) the name of the person requesting the opinion, (2) the County agency in which he serves or works, (3) his position therein, (4) the nature and duties of his service or employment, (5) the date of request, (6) contact information (7) a statement of the facts and circumstances upon which the Board is to make its determination, and (8) the signature of the person requesting the opinion.
(c) Supplementary Information. The Board, with prior notice to the person requesting the opinion, may interview or cause to be interviewed anyone who may have information desired by the Board in the consideration of a request for an [advisory opinion] Advisory Opinion.
(d) Filing Completed. A request for an [advisory opinion] Advisory Opinion is considered filed when the Board has received in writing all the information deemed necessary by it to make a proper determination.
5.2 RENDERING OF ADVISORY OPINION
(a) Timeframe, Signatures, and Mailing. An [advisory opinion] Advisory Opinion shall be rendered within forty-five (45) days after the filing of the request has been finalized. It will be considered rendered when the Board has put the matter to a vote. After the opinion has been rendered, it shall be put in writing and signed by at least one (1) member of the Board. The written opinion shall be personally delivered or placed in the mail, postage prepaid and addressed to the person requesting the opinion at the address furnished by him. [Time period amended from 30 to 45 days by 2010 Charter Amendment]
5.3 AN OPINION RENDERED BY LAPSE OF FORTY FIVE (45) DAYS
Failure by the Board to render an [advisory opinion] Advisory Opinion within forty five (45) days after the filing of a request therefore shall be deemed a finding of no breach of the Code of Ethics. It shall be incumbent on the County Attorney to notify the person requesting the opinion. [Time period amended from 30 to 45 days by 2010 Charter Amendment]
RULE 6: COMPLAINTS
6.1 COMPLAINTS INSTITUTED BY A MEMBER OF THE PUBLIC
(a) Content. All [complaints] Complaints shall contain a concise statement of the facts constituting the alleged violation of the Code of Ethics, the name and position of the [respondent] Respondent, and shall be filed on the promulgated Complaint Form. [, and shall be signed under oath by the complainant. The oath shall be administered in accordance with the laws of the State of Hawai'i]. A copy of the Complaint form is located at: Microsoft Word - Complaint_Form or https://www.kauai.gov/files/assets/public/v/1/boards-and-commissions/board-of-ethics/complaint_form-081123.pdf or 4444 Rice Street, Suite 300, Lihu'e, Hawai'i 96766.
(b) Deficiency. Upon receipt of a document which does not comply with the requirements of sub-paragraph (a) of this rule, the Board may accept, reject or return the document noting the deficiency. The Board may accept or reject any anonymous Complaint.
(c) Deliberation. Upon receipt of a [complaint] Complaint, the Board shall investigate and/or deliberate on its merits. The Board may request a meeting with the [complainant] Complainant to gather more information. The Board may reject such [complaint] Complaint at this time and so notify the [complainant] Complainant, if known, or decide to investigate further by calling for an informal or formal hearing. The Board may also accept the Complaint at this time, and serve the Respondent.
(d) Open Session. The [respondent] Respondent may request that the hearing be held in open session. Otherwise, the hearing shall be held in closed session.
6.2 COMPLAINTS INITIATED BY THE BOARD
(a) Investigation. Upon receipt of information indicating a possible violation of the Code of Ethics, the Board shall initiate an investigation, the nature and scope of which shall be defined by resolution.
(b) Complaint. If after such investigation the Board resolves to initiate a [complaint] Complaint, the same shall be reduced to writing and signed by one (1) or more members of the Board.
RULE 7: INFORMAL HEARING
(a) Notice. Upon the decision to hold an informal hearing, the Board shall notify the [respondent] Respondent in writing of a proposed informal hearing and request his attendance for the purpose of obtaining further information concerning his alleged violation of the Code of Ethics. The notice of informal hearing shall state the date, time, and place of the hearing and shall be given not less than six (6) days prior to the hearing. Such hearing shall be in executive session and may be recessed to a later day or to a different place without notice other than the announcement by the Board at the hearing.
(b) Consolidation. The Board, upon its own initiative or upon motion, may consolidate for hearing or for other purposes, proceedings which involve substantially the same parties or issues if it finds the same to be expeditious and nonprejudicial.
(c) Procedure for an Informal Hearing.
(1) The [Presiding member] presiding Officer of the Board shall convene the hearing and read the [complaint] Complaint. The hearing, although informal, will be conducted in an orderly manner. Board members shall have an opportunity to direct questions to the [respondent] Respondent and he shall be afforded an opportunity to explain the alleged violation of the Code of Ethics. The Board reserves the right to not take witness testimony.
(2) The [respondent] Respondent may attend the informal hearing with counsel or authorized agent.
(d) Preliminary Opinion. Within a reasonable time after the informal hearing, the Board shall render an opinion as to whether or not there is a probable violation of the Code of Ethics by the [respondent] Respondent.
(1) If no probable violation is indicated by the opinion, the [complaint] Complaint shall be dismissed by the Board, and the [complainant] Complainant, if known, so notified.
(2) If a probable violation is indicated by the opinion, the Board shall cause the [respondent] Respondent to be served with a copy of the complaint and preliminary opinion. The [respondent] Respondent shall have twenty (20) days after service to answer the complaint in writing. The answer shall specifically admit, deny, or explain the allegations of the complaint and shall set forth any matter constituting a defense.
(e) Disposition. Upon failure to file an answer or upon admission of the allegations of the [complaint] Complaint, the Board shall make its final decision and transmit its decision and recommendation to the Council as to [complaints] Complaints involving County officers and to the Civil Service Board, the Mayor and appropriate Department Head as to County employees for appropriate disposition; in addition, copies of the Board's decision and recommendations may be referred to the pertinent officer or agency for disciplinary action.
RULE 8: FORMAL AND CONTESTED HEARINGS
8.1 STATUTORY AUTHORITY, PETITION, SETTING, AND NOTICE
(a) Written Notice. Should the Board decide to hold a formal hearing, the Board shall give at least fifteen (15) days written notice prior to the hearing, unless such notice is waived in writing by the [respondent] Respondent. The notice of hearing shall state:
(1) The date, time and place.
(2) The legal authority for the hearing.
(3) The particular sections of Article XX and/or the rules involved.
(4) The right to the party to counsel if so desired
(5) The right to request an open hearing.
(b) Oral Notice. Once commenced, the hearing may be recessed to a later day or to a different place, without notice other than the announcement thereof at the hearing.
8.2 REQUEST FOR AN OPEN HEARING
A [respondent] Respondent who wants an open hearing shall file a request for same at least seven (7) days prior to the time set for the hearing. The Board, for good cause shown, may waive the foregoing requirement, and may impose conditions deemed advisable.
8.3 PRE-HEARING CONFERENCE
(a) Other Subject Matter. In any action, the Board may direct the parties or their agents or attorneys to appear before it for a conference to consider:
(1) Simplification of the issues.
(2) Amendments to the pleadings.
(3) Avoidance of unnecessary proof by obtaining admissions of fact and of existence and
contents of documents.
(4) Limitation of the number of witnesses.
(5) Other matters as may aid in the disposition of the [complaint] Complaint.
8.4 HEARING PROCEDURE
(a) Rules and Procedures.
1. The [Presiding] presiding Officer shall convene the hearing, shall read the [complaint] Complaint, and the pre-hearing order, if any.
(b) Closing the Hearing. The [Presiding] presiding Officer shall bring the hearing to a close after final arguments have been completed. All requested memoranda shall be submitted prior to the final decision of the Board.
8.6 RECORD OF THE HEARING
The record of the hearing shall be compiled pursuant to law. The [complainant] Complainant and the [respondent] Respondent shall be entitled to a copy of the record of the hearing or any part thereof upon application to the Board and upon payment of the costs therefore.
8.7 CHARGE
Upon a determination that a violation exists, the Board shall transmit its findings to the Council as to [complaints] Complaints involving County officers and to the Civil Service Board, the Mayor and appropriate Department Head as to County employees.
A copy of the proposed amendments will be mailed to any interested person who requests a copy and pay the required fees for the copy and the postage. Requests may be made by phone, email, or by mail. All requests may be addressed to Anela Davis, Administrative Assistant, Office of Boards and Commissions, County of Kaua'i, located at 4444 Rice Street, Suite 300, Lihu'e, Hawai'i 96766. Phone (808) 241-4917. Email: adavis@kauai.gov. Requests may be made up to and including the date of the public hearing.
The proposed amendments maybe reviewed in person between the hours of 7:45 a.m. and 4:30 p.m., Monday through Friday (excluding State of Hawai'i holidays), at the Office of Boards and Commissions. Proposed amendments may be reviewed any time up to and including the date of the public hearing.
All interested persons may submit data, views, arguments, or other testimony orally or in writing, or both, concerning the proposed rule amendments any time up to and including the date of the public hearing.
The Board may impose a time limit for each person presenting testimony at the hearing.
BY THE ORDER OF THE BOARD OF ETHICS
Chantal Zarbaugh, Chairperson
NOTE: If you need an auxiliary aid/service or other accommodation due to a disability, or an interpreter for non-English speaking person, contact Anela Davis at (808) 241-4917 and adavis@kauai.gov as soon as possible. Request made as early as possible will allow adequate time to fulfill your request. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy.
TGI1524891 4/13/26)
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The State of Hawaii Department of Health will hold a public hearing for the proposed amendment of Hawaii Administrative Rules chapter 11-58.1, which regulates the management of solid waste. The proposed amendments update all portions of the chapter. Major proposed amendments align state regulations with updates to the US Environmental Protection Agency's federal municipal solid waste landfill (MSWLF) regulations, increase flexibility for small MSWLFs, revise siting restrictions for MSWLFs, add requirements for construction and demolition landfills and special waste landfills, add leachate control and closure requirements for all facilities that manage solid waste, require auto processing and salvaging to be conducted on an impervious surface, and update the solid waste permitting program.
The proposed amendments are posted online at https://health.hawaii.gov/shwb/solid-waste/ and can be viewed at 2827 Waimano Home Rd #100 Pearl City, Mon-Fri, 8am-4pm (except state holidays). Copies will be mailed on request and payment of a 5 cent/page copy fee and postage; call 808-586-4226 to request.
The public hearing will be at 9am on May 14, 2026 at the State Lab auditorium, 2725 Waimano Home Rd Pearl City. All interested parties may attend and present relevant information, comments, and opinions, including but not limited to the ways in which the proposed amendments may impair or otherwise impact Native Hawaiian rights, traditions, and practices. To request an auxiliary aid or service (e.g. ASL interpreter, large print), call Lauren at 808-586-4226 (voice/TDD) or e-mail lauren.cruz@doh.hawaii.gov as soon as possible to allow adequate time to fulfill your request.
Anyone unable to attend may send written comments to Attn: SW Rules 2827 Waimano Home Road #100 Pearl City, HI 96782 or lauren.cruz@doh.hawaii.gov. Submissions must be received by May 19, 2026.
(SA1525265 4/13/26)
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Honolulu Authority for Rapid Transportation
RESOLUTION NO. 2026-4
TO ACQUIRE BY EMINENT DOMAIN A PORTION OF THE PROPERTY IN FEE SIMPLE INTEREST, A PERMANENT EASEMENT FOR SIDEWALK PURPOSES AND TWO TEMPORARY CONSTRUCTION EASEMENTS OVER, UNDER, ABOVE AND THROUGH A PORTION OF THE REAL PROPERTY IDENTIFIED AS TAX MAP KEYS (1) 2-1-014-003 AND (1) 2-1-014-004, LOCATED AT 733 AND 735 BISHOP STREET, HONOLULU, HAWAII 96813, AND OWNED BY PACIFIC GUARDIAN CENTER
WHEREAS, the Honolulu Authority for Rapid Transportation (HART) has been established pursuant to Article XVII of the Revised Charter of the City and County of Honolulu 1973, as amended (Charter); and
WHEREAS, Section 17-103.2(b) of the Charter empowers HART "to acquire by eminent domain ... all real property or any interest therein necessary for the development of the fixed guideway system;" and
WHEREAS, prior to such acquisition the Charter directs HART to submit a list of real property to be acquired by eminent domain to the City Council; and
WHEREAS, the City Council may approve the acquisition by eminent domain or may object by adoption of a resolution within 45 days of the notification to acquire the real property; and
WHEREAS, the acquisition by eminent domain of a portion of the property in fee simple interest, a permanent easement and two temporary construction easements over, under, above and through portions of the real property identified as Tax Map Keys (TMK) (1) 2-1-014-003 and (1) 2-1-014-004, which property interests are more particularly described in the attached parcel map and legal descriptions marked respectively as Exhibit A ("map"), Exhibit A-1 ("fee area"), Exhibit A-2 ("permanent easement") and Exhibit A-3 ("temporary construction easements") (all, collectively, the "Property Interests"), is necessary for the development (and redevelopment), construction (and reconstruction), improvement, upgrade, building, installation, location, placement, removal, enlargement, structural modification, safety updates, reduction, inspection, protection, operation, use (including public use), preservation, protection, sidewalk, utilities and station relative to the development of the Honolulu Rail Transit Project fixed guideway system, a valid public use and purpose; and
WHEREAS, the purpose, type, description and restrictions of the permanent easement and temporary construction easements HART is acquiring by eminent domain are described in Exhibit B-1 and B-2; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of HART as follows:
1. That all legal preconditions for the acquisition of the Property Interests by eminent domain are determined to have been met. More specifically:
a. The HART Board has provided the necessary preauthorizations and notifications to the City Council, and the City Council has approved and/or taken no action regarding the acquisition of the Property Interests by eminent domain;
b. HART has provided the owner(s) with the requisite notices and has given the owner(s) the opportunity to accompany HART's appraiser during the appraiser's site inspection;
c. HART has obtained an appraisal of the Property Interests, and, if a partial acquisition, any larger parcel or larger tract of which the Property Interests are a part, made by a qualified appraiser licensed in the State of Hawaii;
d. HART's appraisal was approved by a qualified review appraiser, in accordance with federal requirements, and HART received the necessary appraisal concurrence from the Federal Transit Administration, if applicable;
e. HART has established amounts that it believes are just compensation for the Property Interests, based on HART's approved appraisal;
f. HART has made a written offer to the owner(s) in the full amount of the just compensation established by HART, which written offer included a written statement of the basis for the offer of just compensation, in accordance with 49 C.F.R. 24.102(e); and
g. HART has made reasonable efforts to contact the owner(s) and/or the owner's representatives to discuss its offer to purchase the Property Interests and has given the owner(s) a reasonable opportunity to consider HART's offer and to respond.
2. That the acquisition by eminent domain of the Property Interests is hereby authorized and the Corporation Counsel of the City and County of Honolulu and/or HART's selected outside legal counsel is empowered to institute eminent domain proceedings as provided by law for the acquisition thereof; and
3. That the acquisition of the Property Interests by eminent domain is determined and declared to be for a valid public use and purpose as aforesaid; and
4. That the acquisition of the Property Interests by eminent domain is determined and declared to be necessary for the aforesaid public use and purpose; and
5. That in the process of said proceedings in eminent domain, the Corporation Counsel and/or HART's selected outside legal counsel is authorized and empowered to negotiate terms of settlement, subject to the approval of HART, the HART Board and/or the Court before which such proceedings are commenced; and
6. That the Board Executive Officer be directed to transmit copies of this resolution to HART and the Department of Corporation Counsel.
ADOPTED by the Board of the Honolulu Authority for Rapid Transportation on:
on: _____________________________________________________
_____________________________
Board Chair
ATTEST:
_________________
Board Executive Officer
Exhibit A-1
Legal Description of Fee Area
HONOLULU RAIL TRANSIT PROJECT
PARCEL 442
Being a portion of Lot A-1 (Map 2) of
Land Court Application 858
Situate at Honolulu, Oahu, Hawaii
Beginning at the South corner of this lot, being an azimuth and distance of 149° 35' 57.62 feet from the West corner of Grant 3211 to Pilali, also along the Northeast side of Nimitz Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUNCHBOWL" being 2,131.84 feet South and 4,827.43 feet West thence running by azimuths measured clockwise from true South:
1. 149° 35' 47.20 feet along the Northeast side of Nimitz Highway;
2. 233° 09' 30" 63.36 feet along Remainder of Parcel 442 of the Honolulu Rail Transit Project;
3. 278° 03' 30" 23.27 feet along same;
4. 323° 09' 30" 30.48 feet along same;
5. 53° 09' 30" 85.12 feet along same to the point of beginning and containing an area of 3,734 Square Feet.
Description Prepared By:
AUSTIN, TSUTSUMI & ASSOCIATES, INC.
ERIK S. KANESHIRO
Licensed Professional Land Surveyor
Certificate No. 9826
Exp. 04/26
Note: This description is for exhibit purposes and does not purport a legally subdivided lot.
Honolulu, Hawaii
January 29, 2025
TMK: (1) 2-1-014: 003 (Portion)
Exhibit A-2
Legal Description of Easement Area
HONOLULU RAIL TRANSIT PROJECT
EASEMENT A
(FOR SIDEWALK PURPOSES)
Affecting a certain parcel of land,
Being a Portion of Grant 3211 to Pilali
Situate at Honolulu, Oahu, Hawaii
Beginning at a South corner of this easement, being the South corner of Grant 3211 to Pilali, also the North corner of Nimitz Highway and Alakea Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUNCHBOWL" being 2,266.51 feet South and 4,748.37 feet West thence running by azimuths measured clockwise from true South:
1. 149° 35' 6.49 feet along the Northeast side of Nimitz Highway;
2. 235° 52' 5.72 feet along remainder Grant 3211 to Pilali;
3. 325° 52' 5.00 feet along same;
4. 291° 19' 1.10 feet along same;
5. 51° 03' 6.79 feet along the Northwest side Alakea Street to the point beginning and containing of of an area of 37 Square Feet.
Description Prepared By:
AUSTIN, TSUTSUMI & ASSOCIATES, INC.
ERIK S. KANESHIRO
Licensed Professional Land Surveyor
Certificate No. 9826
Exp. 04/26
Honolulu, Hawaii
January 29, 2025
TMK: (1) 2-1-014: 004
Exhibit A-3
Legal Descriptions of Temporary Construction Easement Areas
HONOLULU RAIL TRANSIT PROJECT
EASEMENT B
(FOR TEMPORARY CONSTRUCTION PURPOSES)
Affecting a certain parcel of land,
Being a Portion of Grant 3211 to Pilali
Situate at Honolulu, Oahu, Hawaii
Beginning at a South corner of this easement, along the North side of Nimitz Highway, being an azimuth and distance of 149° 35' and 6.49 feet from the South corner of Grant 3211 to Pilali, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUNCHBOWL" being 2,260.92 feet South and 4,751.66 feet West thence running by azimuths measured clockwise from true South:
1. 149° 35' 5.93 feet along the Northeast side of Nimitz Highway;
2. 233° 02' 6.76 feet along remainder Grant 3211 to Pilali;
3. 322° 32' 3.98 feet along same;
4. 233° 13' 7.15 feet along same;
5. 321° 09' 7.80 feet along same;
6. 51° 03' 8.84 feet along the Northwest side of Alakea Street;
7. 111° 19' 1.10 feet along remainder Grant 3211 to Pilali;
8. 145° 52' 5.00 feet along same;
9. 55° 52' 5.72 feet along same to the point of beginning and containing an area of 112 Square Feet.
Description Prepared By:
AUSTIN, TSUTSUMI & ASSOCIATES, INC.
ERIK S. KANESHIRO
Licensed Professional Land Surveyor
Certificate No. 9826
Exp. 04/26
Honolulu, Hawaii
January 29, 2025
TMK: (1) 2-1-014: 004
HONOLULU RAIL TRANSIT PROJECT
EASEMENT C
(FOR TEMPORARY CONSTRUCTION PURPOSES)
Affecting Remainder of Parcel 442 of the Honolulu Rail Transit Project
being a portion of Lot A-1 (Map 2) of Land Court Application 858
Situate at Honolulu, Oahu, Hawaii
Beginning at a South corner of this easement, being an azimuth and distance of 53° 09' 30" and 40.89 feet from the South corner of Parcel 442 of Honolulu Rail Transit Project, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUNCHBOWL" being 2,107.33 feet South and 4,794.70 feet West thence running by azimuths measured clockwise from true South:
1. 233° 09' 30" 44.23 feet along Parcel 442 of the Honolulu Rail Transit Project;
2. 143° 09' 30" 30.48 feet along same;
3. 98° 03' 30" 23.27 feet along same;
4. 53° 09' 30" 34.88 feet along same;
5. 143° 07' 10.91 feet along remainder of Remainder of Parcel 442 of the Honolulu Rail Transit Project;
6. 232° 44' 30" 47.74 feet along same;
7. 322° 57' 6.08 feet along same;
8. 233° 09' 9.46 feet along same;
9. 143° 09' 11.00 feet along same;
10. 233° 09' 9.13 feet along same;
11. 278° 25' 43.08 feet along same;
12. 7° 34' 30" 65.71 feet along same;
13. 97° 00' 13.65 feet along same;
14. 53° 08' 33.71 feet along same;
15. 143° 10' 5.01 feet along same to the point of beginning and containing an area of 2,863 Square Feet.
Description Prepared By:
AUSTIN, TSUTSUMI & ASSOCIATES, INC.
ERIK S. KANESHIRO
Licensed Professional Land Surveyor
Certificate No. 9826
Exp. 04/26
Honolulu, Hawaii
December 3, 2024
TMK: (1) 2-1-014: POR. 003
Exhibit B-1
Description of Perpetual Non-exclusive Easement Terms
Sidewalk Easement
(including Pedestrian Access and Traffic Signal Purposes)
with Covenants and Restrictions
1. Grant. Grantor shall grant and convey unto the City and County of Honolulu, for the use and benefit of the Honolulu Authority for Rapid Transportation ("HART") and its employees, agents, consultants, sub-consultants, contractors, subcontractors, suppliers and other representatives and any successors, successors in interest or assigns of HART or any of the foregoing parties (1) a perpetual, non-exclusive pedestrian access easement (the "Pedestrian Access Portion") on, under, in, within, across, along, around, about, through, and upon which a sidewalk and ancillary improvements are or may be constructed, located, placed, used, maintained, repaired, which grant shall, in addition to the benefitted parties listed above, be for the use and benefit of the general public for ongoing and uninterrupted pedestrian access purposes on, over and across the sidewalks and crosswalks that are intended for use by pedestrians, as may be amended from time to time, within the Sidewalk Easement (as defined below) and (2) a perpetual non-exclusive traffic signal easement (the "Traffic Signal Portion"), on, under, in, within, across, along, around, about, through, and upon which a traffic signal and ancillary improvements are or may be constructed, located, placed, used, maintained, repaired, which grant as to the Traffic Signal Portion shall, in addition to the benefitted parties listed above, be for the use and benefit of any entity maintaining and operating the traffic signal. The Pedestrian Access Portion and the Traffic Signal Portion are collectively referred to as the "Sidewalk Easement". Grantee shall refer to the City and County of Honolulu, its successors and assigns and Grantor shall refer to the owner of the property.
2. Purpose and Use, Plaintiff's Rights. The Pedestrian Access Portion is for the development (and redevelopment), construction (and reconstruction), improvement, upgrade, building, installation, location, placement, removal, enlargement, structural modification, safety updates, reduction, inspection, protection, operation, use (including public use), preservation, protection, maintenance and repair of the sidewalk together with all rights incidental thereto, and such other purposes as are authorized or permitted by law, whether by statute or deemed by common law or otherwise to be compatible and consistent with the purposes of the Pedestrian Access Portion, including any ancillary and incidental uses. The Traffic Signal Portion is to build, construct, reconstruct, rebuild, install, maintain, operate, repair and remove the traffic control box and road improvements, and to use such traffic control box, and other appliances and equipment as may be necessary for said use, together with non-exclusive rights of ingress to and egress from the Sidewalk Easement, for all purposes in connection with the rights hereby granted, and to trim and keep trimmed any vegetation near said traffic control box, and other appliances and equipment in efficient use and condition across, through and under the Sidewalk Easement. GRANTEE shall have the following rights.
a. The right but not the obligtaion to clear the Sidewalk Easement of any and/or all obstructions, to cut, trim and/or remove trees, shrubbery and/or other vegetation located in, on, about, along, over, under, or otherwise affecting the Grantee's use, or that may interfere or threaten to interfere with or endanger or threaten to endanger the use of the Sidewalk Easement.
b. At any time, the right but not the obligation to remove, or cause to be removed, any structures, improvements, equipment, personal property and/or moveable items within the Sidewalk Easement.
3. Grantor's Restrictions, Obligations and Covenant Runnning with the Land. The following obligations, prohibitions and limitations shall be covenants running with Grantor's land.
a. Obligation to Maintain. Grantor shall, at its own expense, maintain the sidewalk constructed in the Sidewalk Easement, to afford clear and safe pedestrian passage and to keep the same free and clear of refuse and litter and any other obstructions.
b. Indemnity. Grantor shall indemnify and save harmless Grantee against all claims, suits, losses, costs, damages, liabilities and actions by whomsoever brought, whether or not suit is brought, for any and all losses or damages to property and/or for injury to or death of persons, to the extent such loss, damage, injury or death arises or proximately results from the negligent acts or willful conduct of the Grantor, its agents, employees or contractors in maintaining the sidewalks in the Sidewalk Easement.
c. Prevention of Hazardous Conditions. Grantor shall not, commit or permit a use that might cause a hazardous condition to exist with respect to, or that might interfere with, endanger, or otherwise adversely affect, the Easement. The foregoing prohibitions shall be a covenant running with Grantor's land.
d. Prohibition on Grantor's Construction and Landscaping. No construction or installment of any structure, building, other improvement, trees and/or equipment by Grantor shall be allowed within the Easement, including any overhanging growth. In the event Grantor's property and/or uses encroach into the Easement, Grantor shall be responsible for removing such encroachments. In the event Grantor fails to remove such encroachment after written notice from Grantee, Grantee may remove, or cause to be removed, such encroachment at Grantor's expense, provided, however, that written notice is not required for emergency situtations.
4. Transfer or Assignment. Grantee may transfer or assign either the Pedestrian Access Portion or the Traffic Signal Portion of the Sidewalk Easement (or both) by providing written notice to Grantor. Grantor shall cooperate with Grantee to confirm or effect any transfer of the Sidewalk Easement (or a portion), including execution of documents reasonably required by any transferee, successor or assign.
5. Successors and Assigns. The Grant of Easement shall be binding on and inure to the benefit of the parties hereto and their respective successors, successors and assigns.
Exhibit B-2
Temporary Construction Easement Terms with Covenants and Restrictions
The "Project" is the Honolulu Rail Transit Project. "Project Improvements" include an elevated fixed guideway, aerial tracks and support structures (as well as ancillary improvements and uses associated therewith), stations, platforms, concourses, fare stations and public access points (as well as incidentals thereto and all improvements, fixtures, equipment, and other facilities and appurtenances as well as ancillary improvements and uses associated therewith), trains, columns and footings.
1. Grant. Grantor shall grant and convey unto the City and County of Honolulu, for the use and benefit of the Honolulu Authority for Rapid Transportation ("HART") and its employees, agents, consultants, sub-consultants, contractors, subcontractors, suppliers and other representatives and any successors, successors in interest or assigns of HART ("HART Parties") or any of the foregoing parties a temporary exclusive easement ("Temporary Easement") over a portion of Grantor's property ("Temporary Easement Area") for the purpose of surveying, clearing, laydown area, construction, storage of equipment and materials, and other activities as neceessary for the development of the Downtown Station, a part of the Project and Project Improvements. Grantor grants the Temporary Easement together with, and the Temporary Easement includes without limitation, the right to use all necessary and convenient means of access to and from, including, without limitation, ingress to and egress from the Temporary Easement Area, including, without limitation, to and from the public street or highway most convenient thereto.
2. Purpose and Use.
a. Construction. The Temporary Easement is for the development, construction, improvement, upgrade, building, installation, location, placement, removal, enlargement, structural removal, safety updates, reduction, inspection, protection, operation, ("Construction") of the Project, including, together with all rights incidental thereto, and such other purposes as are authorized or permitted by law, whether by statute or deemed by common law or otherwise to be compatible and consistent with the purposes of the Temporary Easement. The Temporary Easement Area must be and remain available at all times and without notice for the Construction. HART shall have the right to use the Temporary Easement Area for construction material, equipment, and vehicles, as well as similar items, matters and things, together with and for pedestrian, vehicle and equipment use, access, ingress and egress purposes, including, without limitation, any support of Construction and Project Improvements.
b. Fencing. HART shall have the right to fence the whole or any part of the Temporary Easement Area. At the end of the term, HART shall remove such fencing, if any has been constructed.
c. Demolition. HART shall have the right to clear the Temporary Easement Area of any and all buildings, improvements, equipment, personal property, obstructions, and to cut, trim and/or remove trees, shrubbery and/or other vegetation located in, on, about, along, over, under, or otherwise affecting the Temporary Easement Area.
3. Term. These rights shall be granted until commencement of Revenue Service of the City Center segment of the Project.
4. Restoration. Upon expiration of this Temporary Construction Easement, remove all equipment and other property placed within the Temporary Easement Area by HART, and fill and level all ditches caused by construction and remove all debris. Any improvements, equipment, personal property, and/or obstructions removed in the course of Construction shall not be replaced.
5. Covenant. The foregoing rights, obligations and limitations shall be covenants running with Grantor's land.
(SA1525108 4/13/26)
today: 2026-04-13
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classcode: CLS State Legals
category: Legals
subclass code: 3060
sub-category: Public Notices (27)sub-category(pb): Public Notice-State
start date: 04/13/2026
end date: 04/13/2026
content: (vunderbar)
Honolulu Authority for Rapid Transportation
RESOLUTION NO. 2026-5
TO ACQUIRE BY EMINENT DOMAIN FEE SIMPLE INTERESTS AND A TEMPORARY CONSTRUCTION EASEMENT OVER, UNDER, ABOVE AND THROUGH PORTIONS OF THE REAL PROPERTY IDENTIFIED AS TAX MAP KEY (1) 2-1-031-030, LOCATED AT 616 KEAWE STREET, HONOLULU, HAWAII 96813, AND OWNED BY SERVCO PACIFIC INC.
WHEREAS, the Honolulu Authority for Rapid Transportation (HART) has been established pursuant to Article XVII of the Revised Charter of the City and County of Honolulu 1973, as amended (Charter); and
WHEREAS, Section 17-103.2(b) of the Charter empowers HART "to acquire by eminent domain ... all real property or any interest therein necessary for the development of the fixed guideway system;" and
WHEREAS, prior to such acquisition the Charter directs HART to submit a list of real property to be acquired by eminent domain to the City Council; and
WHEREAS, the City Council may approve the acquisition by eminent domain or may object by adoption of a resolution within 45 days of the notification to acquire the real property; and
WHEREAS, the acquisition by eminent domain of fee simple interests and a temporary construction easement over, under, above and through portions of the real property identified as Tax Map Key (TMK) (1) 2-1-031-030, which property interests (collectively, the "Property Interests") are more particularly described in the attached legal descriptions marked as Exhibit A-1 ("Lot 447-A"), Exhibit A-2 ("Lot 447-B"), and Exhibit A-3 ("temporary construction easement"), and shown on the parcel map marked as Exhibit A-4, are necessary for the development (and redevelopment), construction (and reconstruction), improvement, upgrade, building, installation, location, placement, removal, enlargement, structural modification, safety updates, reduction, inspection, protection, operation, use (including public use), preservation, protection, maintenance and repair of a support pier, utilities and station relative to the development of the Honolulu Rail Transit Project fixed guideway system, a valid public use and purpose; and
WHEREAS, the purpose, type, description and restrictions of the temporary construction easement HART is acquiring by eminent domain is described in Exhibit B; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of HART as follows:
1. That all legal preconditions for the acquisition of the Property Interests by eminent domain are determined to have been met. More specifically:
a. The HART Board has provided the necessary preauthorizations and notifications to the City Council, and the City Council has approved and/or taken no action regarding the acquisition of the Property Interests by eminent domain;
b. HART has provided the owner(s) with the requisite notices and has given the owner(s) the opportunity to accompany HART's appraiser during the appraiser's site inspection;
c. HART has obtained an appraisal of the Property Interests, made by a qualified appraiser licensed in the State of Hawaii;
d. HART's appraisal was approved by a qualified review appraiser, in accordance with federal requirements, and HART received the necessary appraisal concurrence from the Federal Transit Administration, if applicable;
e. HART has established amounts that it believes are just compensation for the Property Interests, based on HART's approved appraisal;
f. HART has made a written offer to the owner(s) in the full amount of the just compensation established by HART, which written offer included a written statement of the basis for the offer of just compensation, in accordance with 49 C.F.R. 24.102(e); and
g. HART has made reasonable efforts to contact the owner(s) and/or the owner's representatives to discuss its offer to purchase the Property Interests and has given the owner(s) a reasonable opportunity to consider HART's offer and to respond.
2. That the acquisition by eminent domain of the Property Interests is hereby authorized and the Corporation Counsel of the City and County of Honolulu and/or HART's selected outside legal counsel is empowered to institute eminent domain proceedings as provided by law for the acquisition thereof; and
3. That the acquisition of the Property Interests by eminent domain is determined and declared to be for a valid public use and purpose as aforesaid; and
4. That the acquisition of the Property Interests by eminent domain is determined and declared to be necessary for the aforesaid public use and purpose; and
5. That in the process of said proceedings in eminent domain, the Corporation Counsel and/or HART's selected outside legal counsel is authorized and empowered to negotiate terms of settlement, subject to the approval of HART, the HART Board and/or the Court before which such proceedings are commenced; and
6. That the Board Executive Officer be directed to transmit copies of this resolution to HART and the Department of Corporation Counsel.
ADOPTED by the Board of the Honolulu Authority for Rapid Transportation on:
on: _____________________________________________________
_____________________________
Board Chair
ATTEST:
_________________
Board Executive Officer
EXHIBIT A-1
LOT 447-A
Being a Portion of Lot 6-A as Shown on Map 9
of Land Court Application 345
Situate at Honuakaha and Kaakaukukui, Honolulu, Oahu, Hawaii
Beginning at the South corner of this parcel of land, along the Northeast side of Halekauwila Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUNCHBOWL" being 4,081.36 feet South and 3,326.03 feet West, thence running by azimuths measured clockwise from true South:
I. 140° 30' 298.87 feet along the Northeast side of Halekauwila Street;
2. 230° 26' 24.00 feet along Lot 447-C, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
3. 320° 26' 96.60 feet along Lot 447-C, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
4. 230° 26' 23.05 feet along Lot 447-C, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
5. 320° 36' 30" 202.33 feet along Lot 447-C, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
6. 50° 30' 46.78 feet along the Northwest side of Keawe Street to the point of beginning and containing an area of 11,827 square feet.
R. M. TOWILL CORPORATION
Description prepared by:
/s/ Ryan M. Suzuki Exp: 4/30/26
Licensed Professional Land Surveyor
Certificate Number 10059
2024 North King Street, Suite 200
Honolulu, Hawaii 96819
January 12, 2026
TMK: (1) 2-1-031: 030
Note: This description is for exhibit purposes only and does not purport a legally subdivided lot.
EXHIBIT A-2
LOT 447-B
Being a Portion of Lot 6-A as Shown on Map 9
of Land Court Application 345
Situate at Honuakaha and Kaakaukukui, Honolulu, Oahu, Hawaii
Beginning at the West corner of this parcel of land, along the Northeast side of Halekauwila Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUNCHBOWL" being 3,777.30 feet South and 3,576.68 feet West, thence running by azimuths measured clockwise from true South:
1. 229° 56' 30" 20.90 feet along Lot 447-C, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
2. 319° 56' 30" 29.00 feet along Lot 447-C, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
3. 49° 56' 30" 21.18 feet along Lot 447-C, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
4. 140° 30' 29.00 feet along the Northeast side of Halekauwila Street to the point of beginning and containing an area of 610 square feet.
R. M. TOWILL CORPORATION
Description prepared by:
/s/ Ryan M. Suzuki Exp: 4/30/26
Licensed Professional Land Surveyor
Certificate Number 10059
2024 North King Street, Suite 200
Honolulu, Hawaii 96819
January 12, 2026
TMK: (1) 2-1-031: 030
Note: This description is for exhibit purposes only and does not purport a legally subdivided lot.
EXHIBIT A-3
Easement TCE-1 Affecting Lot 447-C
Being a Portion of Lot 6-A as Shown on Map 9
of Land Court Application 345
For Temporary Construction Purposes
In favor of HART
Situate at Honuakaha and Kaakaukukui, Honolulu, Oahu, Hawaii
Beginning at the Northwest corner of this easement, along the Northeast side of Halekauwila Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUNCHBOWL" being 3,777.01 feet South and 3,576.92 feet West, thence running by azimuths measured clockwise from true South:
1. Along Lot 6-B (Map 9) of Land Court Application 345, on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being:
212° 07' 27" 20.13 feet;
2. Thence along Lot 6-B (Map 9) of Land Court Application 345, on a curve to the right with a radius of 1347.00 feet, the chord azimuth and distance being:
243° 10' 33" 39.36 feet;
3. 320° 36' 30" 392.14 feet;
4. 50° 30' 9.99 feet along the Northwest side of Keawe Street;
5. 140° 36' 30" 202.33 feet along Lot 447-A, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
6. 50° 26' 23.05 feet along Lot 447-A, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
7. 140° 26' 96.60 feet along Lot 447-A, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
8. 50° 26' 24.00 feet along Lot 447-A, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
9. 140° 30' 66.18 feet along the Northeast side of Halekauwila Street;
10. 229° 56' 30" 21.18 feet along Lot 447-B, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
11. 139° 56' 30" 29.00 feet along Lot 447-B, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
12. 49° 56' 30" 20.90 feet along Lot 447-B, being a portion of Lot 6-A (Map 9) of Land Court Application 345;
13. 140° 30' 0.38 feet along the Northeast side of Halekauwila Street to the point of beginning and containing an area of 10,282 square feet.
R. M. TOWILL CORPORATION
Description prepared by:
/s/ Ryan M. Suzuki Exp: 4/30/26
Licensed Professional Land Surveyor
Certificate Number 10059
2024 North King Street, Suite 200
Honolulu, Hawaii 96819
January 12, 2026
TMK: (1) 2-1-031: 030
Note: This description is for exhibit purposes only and does not purport a legally subdivided lot.
Exhibit B
Temporary Construction Easement Terms with Covenants and Restrictions
The "Project" is the Honolulu Rail Transit Project. "Project Improvements" include an elevated fixed guideway, aerial tracks and support structures (as well as ancillary improvements and uses associated therewith), stations, platforms, concourses, fare stations and public access points (as well as incidentals thereto and all improvements, fixtures, equipment, and other facilities and appurtenances as well as ancillary improvements and uses associated therewith), trains, columns and footings.
1. Grant. Grantor shall grant and convey unto the City and County of Honolulu, for the use and benefit of the Honolulu Authority for Rapid Transportation ("HART") and its employees, agents, consultants, sub-consultants, contractors, subcontractors, suppliers and other representatives and any successors, successors in interest or assigns of HART ("HART Parties") or any of the foregoing parties a temporary exclusive easement ("Temporary Easement") over a portion of Grantor's property ("Temporary Easement Area") for the purpose of surveying, clearing, laydown area, construction, storage of equipment and materials, and other activities as necessary for the development of the Civic Center Station, a part of the Project and Project Improvements. Grantor grants the Temporary Easement together with, and the Temporary Easement includes without limitation, the right to use all necessary and convenient means of access to and from, including, without limitation, ingress to and egress from the Temporary Easement Area, including, without limitation, to and from the public street or highway most convenient thereto.
2. Purpose and Use.
a. Construction. The Temporary Easement is for the development, construction, improvement, upgrade, building, installation, location, placement, removal, enlargement, structural removal, safety updates, reduction, inspection, protection, operation, ("Construction") of the Project, including, together with all rights incidental thereto, and such other purposes as are authorized or permitted by law, whether by statute or deemed by common law or otherwise to be compatible and consistent with the purposes of the Temporary Easement. The Temporary Easement Area must be and remain available at all times and without notice for the Construction. HART shall have the right to use the Temporary Easement Area for construction material, equipment, and vehicles, as well as similar items, matters and things, together with and for pedestrian, vehicle and equipment use, access, ingress and egress purposes, including, without limitation, any support of Construction and Project Improvements.
b. Fencing. HART shall have the right to fence the whole or any part of the Temporary Easement Area. At the end of the term, HART shall remove such fencing, if any has been constructed.
c. Demolition. HART shall have the right to clear the Temporary Easement Area of any and all buildings, improvements, equipment, personal property, obstructions, and to cut, trim and/or remove trees, shrubbery and/or other vegetation located in, on, about, along, over, under, or otherwise affecting the Temporary Easement Area.
3. Term. These rights shall be granted until commencement of Revenue Service of the Civic Center segment of the Project.
4. Restoration. Upon expiration of this Temporary Construction Easement, remove all equipment and other property placed within the Temporary Easement Area by HART, and fill and level all ditches caused by construction and remove all debris. Any improvements, equipment, personal property, and/or obstructions removed in the course of Construction shall not be replaced.
5. Covenant. The foregoing rights, obligations and limitations shall be covenants running with Grantor's land.
(SA1525114 4/13/26)
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This is a pre-existing post.Publish Date: 2026-04-13 00:00:00
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