HOUSE OF REPRESENTATIVES	H.C.R. NO.	17
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING PORTION OF STATE SUBMERGED LANDS AT KAIPAPAU, KOOLAULOA, OAHU, for the maintenance and repair of the existing rock seawall, and for use, repair, and maintenance of the existing improvements constructed thereon.

 

 

     WHEREAS, portions of the existing rock seawall fronting the property identified as Tax Map Key: (1) 5-4-003: seaward of 035, Kaipapau, Koolauloa, Oahu, was placed upon state submerged lands; and

 

     WHEREAS, in late 2014, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands worked with the property owners, August and Veronica Monge, to resolve the encroachment; and

 

     WHEREAS, the Board of Land Natural Resources, at its meeting on February 27, 2015, approved the conservation district use permit request to resolve the encroachment, subject to the owners obtaining appropriate authorization from the State for the occupancy of state lands; and

 

     WHEREAS, on July 10, 2015, under agenda item D-7, the Board of Land and Natural Resources approved a grant of a 55-year non-exclusive easement to resolve the encroachment; and

 

     WHEREAS, the subject area is about 350 square feet, which will be reviewed and approved by the Department of Accounting and General Services' Survey Division; and

 

     WHEREAS, the grantees shall 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; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2016, 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) 5-4-003: seaward of 035, Kaipapau, Koolauloa, Oahu, for the maintenance and repair of the existing rock seawall, 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: 

Authorized BLNR to issue a term, non-exclusive easement