Bill Text: HI SCR3 | 2022 | Regular Session | Introduced
Bill Title: Authorizing The Addition Of A Portion Of State Submerged Lands To A Term, Non-exclusive Easement Covering A Portion Of State Reclaimed Lands At Wailupe, Honolulu, Oahu, For The Existing Seawall, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-03-30 - Referred to WAL, FIN, referral sheet 39 [SCR3 Detail]
Download: Hawaii-2022-SCR3-Introduced.html
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THE SENATE |
S.C.R. NO. |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
AUTHORIZING THE AMENDMENT OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAILUPE, HONOLULU, OAHU, FOR THE EXISTING SEAWALL, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.
WHEREAS, portions of the existing seawall fronting the property identified as Tax Map Key: (1) 3-6-003:015, Wailupe, Honolulu, Oahu, were placed on state submerged lands; and
WHEREAS, in July 2002, Tsugio Ueyama, as Trustee of the unrecorded Tsugio Ueyama Revocable Living Trust dated July 10, 2001, Jane N. Ueyama, as Trustee of the unrecorded Jane N. Ueyama Revocable Living Trust dated July 10, 2001, and Lynn M. Wong (now Lynn De Jesus), as grantees, were issued a 55-year term, non-exclusive easement for an area of 146 square feet including the encroaching seawall with right, privilege, and authority to construct, use, maintain, and repair the existing seawall, and paid a lump sum consideration of $11,300 to resolve the encroachment; and
WHEREAS, thereafter, the Bank of Hawaii became the successor trustee for the Tsugio Ueyama Revocable Living Trust dated July 10, 2001 and the Jane N. Ueyama Revocable Living Trust dated July 10, 2001; and
WHEREAS, in 2007, a shoreline survey showed portions of the footing and overhang of the existing seawall were located makai of the existing seawall and encroaching on state submerged lands; and
WHEREAS, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands had no objection to amend the non-exclusive easement to resolve the additional seawall encroachment; and
WHEREAS, at its meeting of August 28, 2020, under agenda item D-10, the Board of Land and Natural Resources approved an amendment to the original non-exclusive easement to resolve the additional seawall encroachment; and
WHEREAS, the additional encroaching area was determined to be 16 square feet, as reviewed and approved by the Department of Accounting and General Services' Survey Division; and
WHEREAS, the grantees paid the State the fair market value of the 16 square feet additional area of $1,240 as determined by the square foot value prorated by the original easement consideration approved by the Board of Land and Natural Resources; 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 Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, the House of Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to issue an amendment to the term, non-exclusive easement covering an additional portion of state submerged lands fronting the property identified as Tax Map Key: (1) 3-6-003:015, Wailupe, Honolulu, Oahu, for the existing 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.
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OFFERED BY: |
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BY REQUEST |
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DLNR; Wailupe, Honolulu, Oahu
