Bill Text: HI SCR202 | 2010 | Regular Session | Amended
Bill Title: BLNR; Non-Exclusive Easement; Napili Beach Club
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2010-04-23 - (H) Received notice of agreement and Adoption (Sen. Com. No. 632). [SCR202 Detail]
Download: Hawaii-2010-SCR202-Amended.html
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THE SENATE |
S.C.R. NO. |
202 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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SENATE CONCURRENT
RESOLUTION
AUTHORIZING THE MUTUAL CANCELLATION OF LEASE OF NON-EXCLUSIVE EASEMENT S-5252 AND ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS SITUATED AT LAPAAKEA, LAHAINA, MAUI, IDENTIFIED BY TAX MAP KEY: (2) 4-5-001:055: SEAWARD OF TAX MAP KEY: (2) 4‑5‑001:006.
WHEREAS, Lakala Trust owns property located at 839 Front Street, Lahaina, Maui which includes two wooden decks and concrete piers that extend over submerged land owned by the State of Hawaii and were constructed sometime in the 1920s; and
WHEREAS, on January 26, 1990, the Board of Land and Natural Resources (Land Board) approved a Conservation District Use Permit for the decks over the submerged land; and
WHEREAS, on May 11, 1990, the Land Board authorized the issuance of Non-Exclusive Easement S-5252 commencing on May 25, 1992 and running through May 24, 2012 to the property for maintenance and repair of the wooden decks and concrete piers; and
WHEREAS, the property is currently subject to a mortgage, which Lakala Trust and its trustee are seeking to refinance; and
WHEREAS, because of the existence of Non-Exclusive Easement S-5252 over State-owned submerged lands, refinancing of the mortgage requires the mutual cancellation of Non-Exclusive Easement S-5252 and the issuance of a new non-exclusive easement; and
WHEREAS, as part of its submittal to the Land Board on August 28, 2009, under agenda item D-15, the Department of Land and Natural Resources recommended and the Land Board approved Lakala Trust and its trustee's request for the mutual cancellation of Non-Exclusive Easement S-5252 and the issuance of a new sixty-five year non-exclusive easement; 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-fifth Legislature of the State of Hawaii, Regular Session of 2010, the House of Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to cancel Non-Exclusive Easement S-5252 and to issue a term, non-exclusive easement covering a portion of state submerged lands identified as tax map key (2) 4-5-001:055: seaward of tax map key (2) 4‑5‑001:006, comprising 1,310 square feet, more or less; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.
BLNR; Non-Exclusive Easement; Napili Beach Club
