Bill Text: HI SCR15 | 2021 | Regular Session | Amended
Bill Title: Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Napili 2 And 3, Lahaina, Maui, For The Existing Walkway, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-06-21 - Certified copies of resolutions sent, 06-21-21. [SCR15 Detail]
Download: Hawaii-2021-SCR15-Amended.html
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THE SENATE |
S.C.R. NO. |
15 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT NAPILI 2 AND 3, LAHAINA, MAUI, FOR THE EXISTING WALKWAY, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.
WHEREAS, the Board of Land and Natural Resources approved the
issuance of a 65-year term, non-exclusive easement to Napili Kai, Ltd. under Grant of Non-Exclusive Easement No.
S-5998 (GL5998) dated October 25, 2010, for the existing walkway stairs,
shower station, concrete pier block remnants, and landscaping purposes on state
lands fronting the property identified as Tax Map Keys:
(2) 4-3-002:026, 027, & 028, Napili 2 and 3, Lahaina, Maui; and
WHEREAS, around September
2016, Napili Kai, Ltd. submitted
an application for a shoreline certification in relation to the consolidation/re-subdivision
of its lots; and
WHEREAS, a site
inspection conducted on November 2, 2016 by the Department of Accounting and General Services' Survey
Division and staff of the Department of Land and Natural Resources revealed that
a portion of the existing walkway was on state submerged lands outside of the
encroachment area covered by GL5998, with the walkway encroachment then
estimated to total approximately 140 square feet; and
WHEREAS, Napili
Kai, Ltd. stated that the existing walkway had not been altered since its
construction, and the reason for the discrepancy in the non-exclusive easement
description under GL5998 was unclear; and
WHEREAS, at its
meeting of May 26, 2017, under agenda item D-3, the Board of Land and Natural Resources
approved staff's
recommendation to amend GL5998 by increasing the non-exclusive easement encroachment
area by approximately 140 square feet, subject to confirmation by the
Department of Accounting and General Services' Survey Division, and
additionally required Napili Kai, Ltd. to pay for a new
appraisal to determine the fair market value of the additional encroachment area,
and to pay the value so determined; and
WHEREAS, the
Department of Land and Natural Resources' Office of Conservation and Coastal Lands had
no objections to the proposed amendment of GL5998 to increase the non-exclusive
easement encroachment area;
and
WHEREAS, the Department of Accounting and General
Services' Survey Division confirmed the total encroachment area to be
142 square feet and an appraisal determined the fair market value of an
non-exclusive easement for the additional encroachment area to be $4,200, which
Napili Kai, Ltd. paid in full to the Department of Land and
Natural Resources in February 2019; 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; and
WHEREAS, at its meeting of June 28, 2019, under agenda item D-7, the Board of Land and Natural Resources rescinded its prior action of May 26, 2017, item D-3, and instead approved the issuance of a separate term, non-exclusive easement to run with the land and inure to the benefit of the abutting real property and to be coterminous with GL5998, to which the Office of Conservation and Coastal Lands had no objection; now, therefore,
BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, the House of Representatives 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 Keys: (2) 4‑3‑002:026, 027, & 028, Napili 2 and 3, Lahaina, Maui, for portions of the existing walkway, 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.
BLNR; Tax Map Keys: (2) 4‑3‑002:026, 027, & 028
