Bill Text: HI SCR101 | 2013 | Regular Session | Introduced

Hawaii Senate Concurrent Resolution 101 (Prior Session Legislation)

Introduced

Bill Title: Non-exclusive Easement; Priscilla Jane McAuliffe Living Trust

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-06-07 - Certified copies of resolutions sent, 06-07-13. [SCR101 Detail]

Download: Hawaii-2013-SCR101-Introduced.html

THE SENATE	S.C.R. NO.	101
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

AUTHORIZING THE ISSUANCE OF A NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS PURSUANT TO SECTION 171-53, HAWAII REVISED STATUTES, RELATING TO RECLAMATION AND DISPOSITION OF SUBMERGED OR RECLAIMED PUBLIC LAND.

WHEREAS, Christine McAuliffe Fuss is successor trustee of the Priscilla Jane McAuliffe Living Trust dated June 22, 1994, recorded in the Office of the Assistant Registrar of the Land Court of the State of Hawaii, as Document No. 2319247 being all the property described in Transfer Certificate of Title 477023 located at Mokuleia, District of Waialua, City and County of Honolulu, State of Hawaii identified as tax map key number (1) 6-8-004-014, zoned R-7.5 Urban; and

WHEREAS, the seaward boundary of the Priscilla Jane McAuliffe Living Trust property fronts the ocean and a seawall straddles the seaward boundary of the Priscilla Jane McAuliffe Living Trust property and submerged public land, which is state owned and identified by tax key map number (1) 6-8-004, seaward of parcel 14. The seawall encroaches into the state-owned submerged land; and

WHEREAS, the area of the seawall comprising approximately 101 square feet has encroached on state owned submerged land prior to 1964; and

WHEREAS, Christine McAuliffe Fuss applied to the Land Division of the Department of Land and Natural Resources to request a grant of a fifty-five year term for a non-exclusive easement for seawall and step purposes; and

WHEREAS, on December 14, 2012, under agenda item D-16, the Board of Land and Natural Resources approved the request for the term easement for seawall and step purposes; and

WHEREAS, on December 14, 2012, under agenda item D-16, the Board of Land and Natural Resources declared that, after considering the potential effects of the proposed disposition as provided by chapter 343, Hawaii Revised Statutes, and chapter 11-200, Hawaii Administrative Rules, this project will have minimal or no significant impact on the environment and is therefore exempt from the preparation of an environmental assessment; and

WHEREAS, on December 14, 2012, under agenda item D-16, the Board of Land and Natural Resources authorized the easement request to be applicable in the event of a change of ownership of the abutting parcel described as tax key map number (1) 6-8-004-14 provided the succeeding owner has not had a lease, permit, easement, or other disposition of state lands terminated within the last five years due to noncompliance with such terms or provisions; and

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

WHEREAS, the easement term is for fifty-five 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, pursuant to section 171-53(c), Hawaii Revised Statutes, the Board of Land and Natural Resources, with the approval of the Governor and the prior authorization of the Legislature by concurrent resolution, may lease state submerged lands and lands beneath tidal waves; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the House of Representatives concurring, that the fifty-five year term for a non-exclusive easement to Christine McAuliffe Fuss as successor trustee of the Priscilla Jane McAuliffe Living Trust for seawall and step purposes, is hereby authorized by the Legislature according to the terms and conditions approved by the Board of Land and Natural Resources on December 14, 2012; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor and Chairperson of the Board of Land and Natural Resources.