THE SENATE

S.C.R. NO.

18

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING PORTION OF STATE SUBMERGED LANDS AT NIU, HONOLULU, OAHU, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING SEAWALL AND STEPS, and for use, maintenance, and repair of the existing improvements constructed thereon.

 

 


WHEREAS, the existing seawall and steps were placed on state submerged lands fronting the property identified as Tax Map Key: (1) 3-7-002: seaward of 040, Niu, Honolulu, Oahu; and

 

WHEREAS, around 2003, the Department of Land and Natural Resources (Department) worked with the owners, Mitch and Barbara D'Olier, to resolve the encroachments; and

 

WHEREAS, on September 17, 2003, the Department's Office of Conservation and Coastal Lands (Office) determined that the seawall and steps were not Conservation District violations and the Office had no objection to the issuance of an easement to resolve the encroachments; and

 

WHEREAS, on March 1, 2004, under agenda item D-2, the Board of Land and Natural Resources approved a grant of a 55-year non-exclusive easement to resolve the encroachments; and

 

WHEREAS, section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution for this disposition of state submerged lands; now, therefore,

 

BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2014, 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) 3-7-002: seaward of 040, Niu, Honolulu, Oahu, for the maintenance and repair of the existing seawall and steps, and for use, maintenance, and repair 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: 

Non-Exclusive Easement Covering Portion of State Submerged Lands at Niu, Honolulu, Oahu