Bill Text: HI SCR50 | 2017 | Regular Session | Amended
Bill Title: Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Waikiki, Honolulu, Oahu, For The Maintenance And Repair Of The Existing Pier And Seawall And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2017-04-17 - Report adopted; referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Har, Kobayashi, C. Lee, McKelvey, Oshiro, Souki excused (6). [SCR50 Detail]
Download: Hawaii-2017-SCR50-Amended.html
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THE SENATE |
S.C.R. NO. |
50 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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 MAINTENANCE AND REPAIR OF THE EXISTING PIER AND SEAWALL AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.
WHEREAS, the existing pier and portions of seawall fronting the property identified as Tax Map Key: (1) 3-6-001:036, 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 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 for about 112 square feet; and
WHEREAS, in October 2012, the previous owner transferred the abutting property to Brigitte J. Coley and the property is currently held by the Brigitte J. Coley Trust; and
WHEREAS, on March 11, 2016, under agenda item D-8, the Board approved a grant of a 55-year non-exclusive easement to resolve the encroachments; and
WHEREAS, the total encroaching area, including a portion of the seawall discovered during a subsequent shoreline certification application process, was determined to be 331 square feet as reviewed and approved by the Department of Accounting and General Services, Survey Division; and
WHEREAS, the easement grantee shall pay the State the fair market value of the easement as consideration for the use of public lands to be determined by an independent appraisal; and
WHEREAS, it is understood that the easement shall run with the land for the term of the easement and shall inure to the benefit of the real property identified as Tax Map Key: (1) 3-6-001:036, Waikiki, Honolulu, Oahu; 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 2017, the House of Representatives concurring, pursuant to section 171-53, Hawaii Revised Statutes, that the Board of Land and Natural Resources is authorized to issue a 55-year term, non-exclusive easement for approximately 331 square feet, subject to confirmation by the Department of Accounting and General Services of the existing pier and portions of seawall fronting the property identified as Tax Map Key: (1) 3-6-001:036, Waikiki, Honolulu, Oahu, to resolve the pier encroachment for the maintenance and repair of the existing pier and seawall; 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.
Easement; State Submerged Lands
