Bill Text: HI SCR141 | 2020 | Regular Session | Introduced


Bill Title: Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands For A Rubble Rock Revetment, Rock Wall, And Two Concrete Stairways, And For Use, Maintenance, Repair, Replacement, And Removal Of The Existing Improvements Constructed Thereon.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Engrossed - Dead) 2020-07-08 - Received from Senate (Sen. Com. No. 628). [SCR141 Detail]

Download: Hawaii-2020-SCR141-Introduced.html

THE SENATE

S.C.R. NO.

141

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS FOR A RUBBLE ROCK REVETMENT, ROCK WALL, AND TWO CONCRETE STAIRWAYS, AND FOR USE, MAINTENANCE, REPAIR, REPLACEMENT, AND REMOVAL OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.

 

 


     WHEREAS, the existing rubble rock revetment, rock wall, and two concrete stairways identified as Tax Map Key:  (2) 3-9-005: seaward of 001, Kamaole Beach lots, Kamaole, Kula, Maui, were placed on state submerged lands; and

 

     WHEREAS, the Office of Conservation and Coastal Lands indicated they had no objection to the retention of the rubble rock revetment, rock wall, and concrete stairways, and that no conservation district violations existed with regard to the legally constructed and previously approved structure; and

 

     WHEREAS, after discussion between the Department of Land and Natural Resources staff and Association of Apartment Owners of Hale Pau Hana ("AOAO") it was agreed by both parties to resolve these encroachments through the issuance of a term non-exclusive easement covering the use of state submerged lands by replacing two existing revocable permits; and

 

     WHEREAS, the subject encroachments were discovered during a routine site inspection of two revocable permits between the State and AOAO; and

 

     WHEREAS, in addition, one of the revocable permit authorized landscaping on state fast land (state lands mauka of the certified shoreline); and

 

     WHEREAS, upon reviewing the existing revocable permits, the Department of Land and Natural Resources staff determined that the most appropriate disposition for the subject encroachments and fast lands (landscaped area) would be a fifty-five-year term non-exclusive easement; and

 

     WHEREAS, after discussing the possibility of a long-term easement with the AOAO, it was agreed that a long-term easement would be the appropriate disposition for the subject encroachments; and

 

     WHEREAS, the subject revetment, rock wall, two stairways, and landscaped area encumber an area of 18,668 square feet, more or less, and roughly fifty percent of that area is submerged lands and fifty percent fast lands; and

 

     WHEREAS, the Legislature's approval is only being requested for the submerged portion of the easement; and

 

     WHEREAS, on March 10, 2011, under agenda item D-4, the Board of Land and Natural Resources approved the issuance of a fifty-five-year term, non-exclusive easement to the AOAO; and

 

     WHEREAS, the grantee has paid the fair market value of the 18,668 square feet non-exclusive easement area of $291,000, as determined by independent appraisal; 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 Thirtieth Legislature of the State of Hawaii, Regular Session of 2020, 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:  (2) 3-9-005: portion of and seaward of parcel 001, for the use, maintenance, repair, replacement, and removal of existing rock revetment and concrete stairways; 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: 

Department of Land and Natural Resources; Submerged Lands; Repairs

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