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THE SENATE |
S.C.R. NO. |
18 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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 WAIKIKI, HONOLULU, OAHU, FOR THE EXISTING PIER AND SEAWALL AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.
WHEREAS, the existing pier and portions of the seawall fronting the property identified as Tax Map Key: (1) 3-6-001:seaward of 036, Waikiki, Honolulu, Oahu, were placed upon state submerged lands; and
WHEREAS, around August 1989, the previous owner, Hope Hearst, worked with the Department of Land and Natural Resources to initially resolve the pier encroachment; and
WHEREAS, on September 22, 1989, under agenda item F-1-a, the Board of Land and Natural Resources (Board) approved a grant of a revocable permit to resolve the encroachment of about 112 square feet; and
WHEREAS, in October 2012, the previous owner transferred the abutting property to Brigitte J. Coley, trustee; and
WHEREAS, on March 11, 2016, under agenda item D-8, the Board approved a grant of a fifty-five-year non-exclusive easement to run with the land and to inure to the benefit of the abutting real property, to resolve the encroachment; and
WHEREAS, an easement survey conducted subsequent to the March 11, 2016 Board meeting showed additional areas of encroachment, including a portion of the seawall, whereby the total encroachment area was determined to be 331 square feet as reviewed and approved by the Department of Accounting and General Services' Survey Division; and
WHEREAS, on August 12, 2016, under agenda item D-8, the Board approved to amend the total encroachment area to 331 square feet and to add seawall purposes to the easement; and
WHEREAS, fair market value of the 331 square feet was appraised at $40,000; and
WHEREAS, on April 6, 2017, the abutting property was transferred to Jeffrey Weldon, trustee; 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 Senate of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, 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 Key: (1) 3-6-001:seaward of 036, Waikiki, Honolulu, Oahu, for the existing pier and 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.
BLNR Tax Map Key (1) 3-6-001: seaward of 036, Waikiki, Honolulu, Oahu