Bill Text: HI HCR26 | 2017 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizing The Amendment Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Kailua, Koolaupoko, Oahu, For The Maintenance And Repair Of The Existing Seawall And Boat Ramp, And For The Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2017-05-02 - Resolution adopted in final form. [HCR26 Detail]

Download: Hawaii-2017-HCR26-Introduced.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	26
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE AMENDMENT OF A TERM, NON-EXCLUSIVE EASEMENT COVERING a PORTION OF STATE SUBMERGED LANDS AT KAILUA, KOOLAUPOKO, OAHU, FOR THE SEAWALL AND BOAT RAMP, AND FOR the USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENT S CONSTRUCTED THEREON.

 

 

 

WHEREAS, portions of the seawall and boat ramp fronting the property identified as Tax Map Key: (1) 4-3-005: seaward of 094, Kailua, Koolaupoko, Oahu, were placed on state submerged lands; and

 

WHEREAS, around April 2004, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands (OCCL) worked with the property owner, Elizabeth Rice Grossman, to resolve the encroachment; and

 

WHEREAS, on June 4, 2004, under agenda item D-6, the Board of Land and Natural Resources (Board) approved to grant a 55-year non-exclusive easement to resolve the encroachments; and

 

WHEREAS, a term, non-exclusive easement covering 113 square feet, at a lump sum payment of $11,570, was issued in 2006; and

 

WHEREAS, around November 2015, OCCL was working with the grantee for a Conservation District Use Permit to construct a sloping rock revetment Makai of the seawall; and

 

WHEREAS, a subsequent survey showed the shoreline boundary to be further mauka, which resulted in an additional encroachment area of 328 square feet, which has been reviewed and finalized by the Department of Accounting and General Services, Survey Division; and

WHEREAS, on May 27, 2016, under agenda item D-13, the Board approved to amend the easement by incorporating the additional encroachment area subject to payment of additional consideration of $33,584, which is based on the pro-rated value of the 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 House of Representatives of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2017, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to amend a term, non­ exclusive easement covering a portion of state submerged lands fronting the property identified as Tax Map Key: (1) 4-3-005: seaward of 094, Kailua, Koolaupoko, Oahu, for the maintenance and repair of the existing seawall and boat ramp, and for the 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:	_____________________________

Report Title: 

Land Easement Resolution; State Submerged Lands