Bill Text: HI SCR126 | 2013 | Regular Session | Introduced

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Bill Title: Non-exclusive Agreement; Seawall

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-06-07 - Certified copies of resolutions sent, 06-07-13. [SCR126 Detail]

Download: Hawaii-2013-SCR126-Introduced.html

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THE SENATE	S.C.R. NO.	126
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

authorizing the issuance of a non-exclusive easement covering a portion of state submerged lands pursuant to section 171-53, hawaii revised statutes, relating to the reclamation and disposition of submerged or reclaimed public land.

 

 

 

     WHEREAS, the Robert E. Cambra and Agnes L. Freitas Trust applied for a grant of term, non-exclusive easement for seawall and filled land purposes for the state-owned submerged lands of the property identified as tax map key (1) 4-7-014:  seaward of 010; and

 

WHEREAS, the character of use for this easement is for the right, privilege, and authority to construct, use, maintain, repair, and replace and remove seawall, filled land over, under, and across state-owned land; and

 

     WHEREAS, the applicants request a term easement to resolve the encroachments containing filled land, seawall, and a small tile wall located makai of the boundary; and

 

     WHEREAS, the encroachment is approximately 2,243 square feet; and

 

     WHEREAS, on November 10, 2011, the Board of Land and Natural Resources authorized the issuance of a term, non-exclusive easement for seawall and filled land purposes to the owners of the abutting private property; and

 

     WHEREAS, on July 9, 2012, under agenda item D-11, the Chairperson of the Board of Land and Natural Resources approved an appraisal that determined that the fair market value of the easement to be $62,600, to be paid in one lump sum; and

 

     WHEREAS, Robert E. Cambra requested that the consideration be paid off in three annual installments instead of one lump sum payment; and

 

     WHEREAS, the Board of Land and Natural Resources has approved the payment of $62,600 to be paid in three annual installments instead of one lump sum payment; 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 Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the House of Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to issue a term non-exclusive easement covering a portion of state submerged lands fronting the property identified as tax map key (1) 4-7-014:  seaward of 010, Kaalaea, Koolaupoko, Oahu, for use, maintenance, and repair of the existing seawall and encroachments, pursuant to section 171-53, Hawaii Revised Statutes; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to Chairperson of the Board of Land and Natural Resources and the Trustees of the Robert E. Cambra and Agnes L. Freitas Trust.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Non-exclusive Agreement; Seawall