Bill Text: HI HCR4 | 2022 | Regular Session | Introduced

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Bill Title: Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Kahaluu, Koolaupoko, Oahu, For The Existing Seawall, Steps, And Filled Land, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-04-25 - Resolution adopted in final form. [HCR4 Detail]

Download: Hawaii-2022-HCR4-Introduced.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	4
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KAHALUU, KOOLAUPOKO, OAHU, FOR THE EXISTING SEAWALL, STEPS, AND FILLED LAND, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.

 

 

     WHEREAS, portions of the existing seawall, steps, and filled land fronting the property identified as Tax Map Key: (1) 4-7-001:006, Kahaluu, Koolaupoko, Oahu, were placed on state submerged lands; and

 

     WHEREAS, in July 1964, Mr. and Mrs. John Akima, Jr. (initial owners), purchased 1,426 square feet of reclaimed land seaward of the property that included an existing seawall, steps, and filled land, and paid a lump sum consideration amount of $1,521 for the reclaimed land; and

 

     WHEREAS, in June 2018, Bryan Spicer, the subsequent owner, sold the property to Lynnette Mau, Trustee of the Lynnette Mau Revocable Living Trust dated May 18, 1977, as amended and restated; and

 

     WHEREAS, in July 2018, a shoreline survey showed additional areas of the existing seawall and filled land are located makai of the shoreline and encroaching on state submerged lands; and

 

     WHEREAS, the survey also showed that portions of the steps that were included in the 1964 reclaimed land purchase are now located makai of shoreline and encroaching on state submerged lands as well; and

 

     WHEREAS, around October 2018, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands worked with Lynnette Mau to resolve the encroachments; and

 

     WHEREAS, the Office of Conservation and Coastal Lands indicated it had no objection to a non-exclusive easement to resolve the encroachments; and

 

     WHEREAS, at its meeting of February 8, 2019, under agenda item D-8, the Board of Land and Natural Resources approved a grant of a 25-year non-exclusive easement to resolve the existing seawall, steps, and filled land encroachments, and such non-exclusive easement shall run with the land and shall inure to the benefit of the abutting real property; and

 

     WHEREAS, the total encroaching area was determined to be 842 square feet, as reviewed and approved by the Department of Accounting and General Services' Survey Division; and

 

     WHEREAS, the grantee paid the State the fair market value of the 842 square feet non-exclusive easement area of $32,000, as determined by an independent appraisal; and

 

     WHEREAS, in May 2021, Lynnette Mau sold the property to Martin Wade Cornett and Annette Pauline Cornett; 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 Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, the Senate 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) 4-7-001:006, Kahaluu, Koolaupoko, Oahu, for the existing seawall, steps, and filled land, and for use, repair, and maintenance of the existing improvements constructed thereon 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:	_____________________________
		BY REQUEST

Report Title: 

DLNR; Kahaluu, Koolaupoko, Oahu