Bill Text: HI SCR2 | 2011 | Regular Session | Amended
Bill Title: Submerged Land Easement; Easement for a Term
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2011-04-26 - (S) Received from House (Hse. Com. No. 676). [SCR2 Detail]
Download: Hawaii-2011-SCR2-Amended.html
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THE SENATE |
S.C.R. NO. |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 1 |
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STATE OF HAWAII |
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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 K. Ho, as Trustee of that certain unrecorded Trust established under the Living Trust Declaration of Christine K. Ho, dated January 15, 1988 (and amendments thereto) ("Ho"), is successor in interest to Thomas R. Brayton and Christine D. Brayton (collectively, the "Braytons"), to the ownership of a parcel of land located in Lahaina, Maui, identified as tax map key number (2) 4-6-3:5 (the "Ho property"), pursuant to that certain Warranty Deed (Document No. 2007-124951) recorded with the Bureau of Conveyances on July 13, 2007; and
WHEREAS, prior to the conveyance of the Ho property to Ho, the Braytons applied to the Department of Land and Natural Resources on February 9, 2007, for a non-exclusive easement over a portion of state-owned land located seaward of the Ho property; and
WHEREAS, the seaward boundary of the Ho property fronts the ocean, and a seawall straddles the seaward boundary of the Ho property and submerged public land, which is state-owned and identified by tax map key number (2) 4-6-3, seaward of parcel 5. A portion of the seawall encroaches into the state-owned submerged land; and
WHEREAS, the area of the seawall comprises approximately one hundred thirty square feet and comprises a portion of the state-owned submerged land; and
WHEREAS, under county requirements, Ho requires an easement over that portion of the submerged land that includes the existing seawall in order for Ho to obtain a county building permit to remodel the Ho residence and to renovate the seawall, which is in need of repair; and
WHEREAS, the Ho property is classified as conservation/urban and zoned by the County of Maui as R-3; and
WHEREAS, the character of 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, the easement abuts the Ho property; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, the House of Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to issue a non-exclusive easement for a fifty-five year term, covering that portion of state submerged lands described above, located in Lahaina, Maui, for purposes of renovation and construction of a seawall, pursuant to section 171-53, Hawaii Revised Statutes, subject to limitations and conditions to be determined by the Board of Land and Natural Resources; 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.
Submerged Land Easement; Easement for a Term
