Bill Text: HI SCR45 | 2018 | Regular Session | Amended
Bill Title: Authorizing The Issuance Of A Non-exclusive Easement, As Amended, 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-04-24 - Resolution adopted in final form. [SCR45 Detail]
Download: Hawaii-2018-SCR45-Amended.html
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THE SENATE |
S.C.R. NO. |
45 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
AUTHORIZING THE ISSUANCE OF A NON-EXCLUSIVE EASEMENT, AS AMENDED, 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 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 encumber 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, on January 12, 2018, the Board of Land and Natural Resources approved an amendment to the easement areas of GL S‑6050; and
WHEREAS, the easement identified in the March 3, 2014, agreement as Easement "E-1", with an area of 1,115 square feet, now becomes 533 square feet, representing a decrease of 582 square feet; and
WHEREAS, the easements identified in the March 3, 2014, agreement as Easements "E-2" and "E-3", with a combined area of 357 square feet, are now grouped together and now have a combined 1,496 square feet, representing an increase of 1,139 square feet; and
WHEREAS, the easements identified in the March 3, 2014, agreement as Easements "E-4" and "E-5", with a combined area of 423 square feet, are now grouped together and now have a combined 3,336 square feet, representing an increase of 2,913 square feet; and
WHEREAS, the total combined GL S-0650 easement area is now 5,365 square feet, representing an increase of 3,470 square feet, which has been reviewed and approved by the Department of Accounting and General Services' Survey Division; and
WHEREAS, the Puamana Community Association will pay the State the fair market value of the easement as consideration of the use of public lands to be determined by an 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; and
WHEREAS, without the issuance of a non-exclusive easement to perform the necessary repairs on the seawall, there could be an adverse risk to the health and integrity of the near-shore reef environment and the surfing and diving spots located nearby, both of which are important to the Puamana Community Association members and the public at large; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, the House of Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to issue a non-exclusive easement, as amended, 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, 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 certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources and the President of the Puamana Community Association.
Puamana Easements; Public Lands; Legislative Approval; Board of Land and Natural Resources
