Bill Text: HI HCR181 | 2016 | Regular Session | Introduced

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Bill Title: Easement; State Submerged Lands; Puamana, Lahaina, Maui

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-03-29 - Report adopted; referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Har, Ing, Kong, Luke, Saiki, Thielen, Tokioka excused (7). [HCR181 Detail]

Download: Hawaii-2016-HCR181-Introduced.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	181
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT PUAMANA, LAHAINA, MAUI, FOR VARIOUS SEAWALL STRUCTURES, A CONCRETE GROIN, AND REVETMENT FOOTINGS OF A HISTORIC SWIMMING POOL.

 

 

 

     WHEREAS, the Puamana Community Association owns the property located at 34 Puailima Place, Lahaina, Hawaii, further identified by tax map key: (2) 4-6-028:001; and

 

     WHEREAS, the seawall structures, built in the 1930s, follow along the shoreline and provide stability and necessary coastal protection for the property; and

 

     WHEREAS, the concrete groin and revetment footings represent part of a historic swimming pool that was built in the 1930s as part of a former plantation manager's residence; and

 

     WHEREAS, it was later determined that portions of the seawall structures, the concrete groin, and revetment footings of the historic swimming pool encumbers a total of 1,895 square feet of state submerged land; and

 

     WHEREAS, the Office of Conservation and Coastal Lands of the Department of Land and Natural Resources determined that the structures are existing and non-conforming, in that they were constructed prior to October 1964; and

 

     WHEREAS, the Puamana Community Association obtained a fully executed grant of non-exclusive easement (GL S-6050), dated March 3, 2014, for a total of five shoreline encroachments (identified as Easements "E-1" through "E-5" in the February 2012 Application for Request for State Lands) for the seawall structures, the concrete groin, and the revetment footings of the historic swimming pool, which, in total, have an area of 1,895 square feet; and

 

     WHEREAS, it was later determined by the Department of Land and Natural Resources that the easements identified in the March 3, 2014, easement agreement (Easements "E-1" through "E-5") would need to be amended to include additional areas for the seawall and pool structures, based on an updated shoreline survey of the property; and

 

     WHEREAS, the easements identified in the March 3, 2014, agreement as Easements "E-2" and "E-3", an area of 357 square feet, now become Easement "E-2-A", which has a total area of 1,228 square feet and represents an increase of 871 square feet; and

 

     WHEREAS, the easements identified in the March 3, 2014, agreement as Easements "E-4" and "E-5", an area of 423 square feet, now become Easement "E-3-A", which has a total area of 2,899 square feet and represents an increase of 2,476 square feet; and

 

     WHEREAS, the total combined easement area is now 5,242 square feet, including Easement "E-2-A", Easement "E-3-A", and the unchanged Easement "E-1"; and

 

     WHEREAS, the amended easements (E-2-A and E-3-A) are subject to approval of lease terms, easement appraisal, and lease payment by the Board of Land and Natural Resources; and

 

     WHEREAS, section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution to lease state submerged lands; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2016, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to issue a new non-exclusive easement for a term of fifty-five years, covering a portion of State submerged lands fronting the property identified as tax map key: (2) 4-6-028:001 at Puamana, Lahaina, Maui, for the use, maintenance, repair, and removal of the existing seawall structures, the concrete groin, and the revetment footings of the historic swimming pool over, under, and across state-owned land, pursuant to section 171-53, Hawaii Revised Statutes; and

 

     BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Easement; State Submerged Lands; Puamana, Lahaina, Maui