Bill Text: HI SCR183 | 2019 | Regular Session | Introduced

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Bill Title: Authorizing The Issuance Of Term, Non-exclusive Easements Covering Portions Of State Submerged Lands At Waiohuli-keokea (kihei), Wailuku, Maui, Hawaii, For The Use, Maintenance, And Repair Of The Existing Seawall Constructed Thereon.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2019-04-05 - Referred to WLH/JUD, FIN, referral sheet 50 [SCR183 Detail]

Download: Hawaii-2019-SCR183-Introduced.html

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THE SENATE	S.C.R. NO.	183
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF TERM, NON-EXCLUSIVE EASEMENTS COVERING PORTIONS OF STATE SUBMERGED LANDS AT WAIOHULI-KEOKEA (KIHEI), WAILUKU, MAUI, HAWAII, FOR THE USE, MAINTENANCE, AND REPAIR OF THE EXISTING SEAWALL CONSTRUCTED THEREON.

 

 

     WHEREAS, this resolution relates to an existing seawall ("Seawall") seaward of and fronting a shorefront property in Kihei, Island of Maui, State of Hawaii, bearing tax map key number:  (2) 3-9-11:8 ("Parcel 8"); and

 

     WHEREAS, a term, non-exclusive easement ("Original Seawall Easement") was previously approved for the Seawall by the State of Hawaii, as described in Senate Concurrent Resolution No. 7, Regular Session of 2016, the term of the Original Seawall Easement being sixty-five years commencing on August 10, 1990; and

 

     WHEREAS, Parcel 8 is a condominium consisting of Units A and B of the 1688 Halama Street Condominium (Condominium Map No. 2959) ("Condominium"), managed by the Association of Owners of 1688 Halama Street Condominium, Inc., a Hawaii nonprofit corporation ("Association"); and

 

     WHEREAS, it was originally intended that the Association would hold the Original Seawall Easement; however, the Condominium apartment owners have subsequently agreed that the respective portions of the Seawall fronting the Condominium units will be held by the respective unit owner, and have amended the Declaration for the Condominium to permit the same; and

 

     WHEREAS, it was also discovered that seaward portions of the Seawall were not covered by the Original Seawall Easement, and therefore required the approval of additional easement areas; and

 

     WHEREAS, the Board of the Land and Natural Resources ("Board"), through Board meetings dated August 25, 2017 (Item D‑9), and October 12, 2018 (Item D-5):

 

     (1)  Approved ownership by the respective unit owners;

 

     (2)  Approved the separation of the Original Seawall Easement into two separate easements; and

 

     (3)  Approved the granting of additional term easements relating to the additional easement areas associated with the Seawall; and

 

     WHEREAS, one of the conditions of the Board relates to section 171-53, Hawaii Revised Statutes, which 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 Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, the House of Representatives concurring, that, pursuant to section 171-53, Hawaii Revised Statutes, and subject to compensation being paid by the owners at fair market value as determined by independent appraisal, the Board of Land and Natural Resources is hereby authorized to grant Easements 1 through 7, further identified below, for a term of sixty-five years for the use, maintenance, and repair of the existing seawall areas constructed thereon:

 

     (1)  With respect to those portions of the Seawall fronting Unit B of the 1688 Halama Street Condominium (Condominium Map No. 2959), also being Lot 42 of the Waiohuli-Keokea Beach Lots, Second Series, bearing tax map key number (2) 3-9-11:8, and seaward, situated at Waiohuli-Keokea (Kihei), Wailuku, Maui, and as further identified on a map prepared by Ailana Surveying and Geomatics LLC, dated January 10, 2019:

 

          (A)  "Easement 1" covering a 169 square foot portion of state submerged lands;

 

          (B)  "Easement 2" covering a 288 square foot portion of state submerged lands; and

 

          (C)  "Easement 3" covering a 225 square foot portion of state submerged lands ("Easement 3" being a portion of the Original Seawall Easement, and subject to the terms thereof); and

 

     (2)  With respect to those portions of the Seawall fronting Unit A of the 1688 Halama Street Condominium (Condominium Map No. 2959), also being Lot 42 of the Waiohuli-Keokea Beach Lots, Second Series, bearing tax map key number (2) 3-9-11:8, and seaward, situated at Waiohuli-Keokea (Kihei), Wailuku, Maui, and as further identified on a map prepared by Ailana Surveying and Geomatics LLC, dated January 10, 2019:

 

          (A)  "Easement 4" covering a 130 square foot portion of state submerged lands;

 

          (B)  "Easement 5" covering a 225 square foot portion of state submerged lands ("Easement 5" being a portion of the Original Seawall Easement, and subject to the terms thereof);

 

          (C)  "Easement 6" covering a 288 square foot portion of state submerged lands; and

 

          (D)  "Easement 7" covering a 53 square foot portion of state submerged lands; 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: 

Seawall; Easement; Board of Land and Natural Resources