Bill Text: HI HCR145 | 2013 | Regular Session | Introduced

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Bill Title: Submerged Lands; Nonexclusive Easement; Seawall

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-04-01 - Report adopted; referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Kawakami, McKelvey excused (2). [HCR145 Detail]

Download: Hawaii-2013-HCR145-Introduced.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	145
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

authorizing the issuance of a term, nonexclusive easement covering a portion of state submerged lands located in kaneohe, oahu, for the renovation and construction of a seawall.

 

 

 

     WHEREAS, David A. Knox and Beverly J. Hoversland, husband and wife (Applicants) are the owners of a parcel of land located in Kaneohe, City and County of Honolulu, identified as tax map key number (1) 4-7-019:077 (Applicants Property), pursuant to that certain Warranty Deed filed with the Office of the Assistant Registrar of the Land Court as Document No. 4092887, and noted on Transfer Certificate Number 1,030,330; and

 

     WHEREAS, the Applicants applied to the Department of Land and Natural Resources (File PSF No. 120D-106), for:

 

     (A)  A nonexclusive easement for landscaping purposes (Easement A consisting of 1,543 square feet); and

         

     (B)  A nonexclusive easement for concrete wall and footing purposes (Easement B consisting of 63 square feet), over a portion of state-owned land located seaward of the Applicants Property; and

 

     WHEREAS, the seaward boundary of the Applicants Property (including the area of Easement A) fronts the ocean, and a seawall exists that straddles the seaward boundary of the Applicants Property and submerged public land, which is state-owned and identified by tax map key number (1) 4-7-019:078 seaward; and

 

     WHEREAS, the portion of the seawall that encroaches into the state-owned submerged land is approximately 63 square feet, and such area comprises a portion of the state-owned submerged land; and
     WHEREAS, under county requirements, Applicants require an easement over that portion of the submerged land that includes the existing seawall in order that Applicants seawall will not be considered to be encroaching onto state property and will allow for the issuance of building permits to enable Applicants to remodel the Applicants' residence and to renovate the seawall, if and when such become in need of repair; and

 

     WHEREAS, the Applicants Property is classified as Urban and zoned by the City and County of Honolulu as R-10; and

 

     WHEREAS, the character of use sought for the area of the Easement is the right, privilege, and authority to use, maintain, repair, replace, and remove the existing seawall over, under, and across the state-owned land; and

 

     WHEREAS, the easement term is for 55 years in consideration for a one-time payment to be determined by independent or staff appraisal establishing a fair market rent, subject to review and approval by the Chairperson of the Board of Land and Natural Resources; and

 

     WHEREAS, the Easements abut the Applicants Property; 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 Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to issue a nonexclusive easement for a 55-year term, covering that portion of state submerged lands described above, located in Kaneohe, Oahu, for purposes of renovation and construction of a seawall, pursuant to section 171-53, Hawaii Revised Statutes, subject to limitations and conditions to be determined by the Board of Land and Natural Resources; 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: 

Submerged Lands; Nonexclusive Easement; Seawall