Bill Text: HI SCR7 | 2016 | Regular Session | Introduced

Hawaii Senate Concurrent Resolution 7 (Prior Session Legislation)

Introduced

Bill Title: Land Easement Resolution; State Submerged Lands

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2016-06-02 - Certified copies of resolutions sent, 06-02-16. [SCR7 Detail]

Download: Hawaii-2016-SCR7-Introduced.html

THE SENATE	S.C.R. NO.	7
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

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

WHEREAS, on March 1, 1977, the Charles E. Hickman Trust and Virginia S. Hickman Trust (the Hickman Trusts) purchased two abutting shorefront properties in Kihei, Island of Maui, State of Hawaii, bearing tax map key numbers: (2) 3-9-11:7 (Parcel 7) and (2) 3-9-11:8 (Parcel 8); and

WHEREAS, on May 2, 1990, the Hickman Trusts applied to the Department of Land and Natural Resources of the State of Hawaii (the Department) for an easement to repair and maintain an existing seawall fronting Parcel 7 and Parcel 8, portions of which seawall encroached into land owned by the State of Hawaii; and

WHEREAS, the Board of Land and Natural Resources of the State of Hawaii (the Board), at a meeting held on August 10, 1990, approved the Hickman Trusts' request for a seawall easement (the 1990 Board Approval); and

WHEREAS, the 1990 Board Approval granted a perpetual easement permitting the use, repair, and maintenance of an existing seawall seaward of and fronting Parcel 7 and Parcel 8, consisting of an area of approximately 900 square feet (the
Seawall Easement); and

WHEREAS, on August 21, 1990, the Hickman Trusts submitted payment to the Department of the cost of an independent appraisal report for the Seawall Easement; and

WHEREAS, on October 10, 1990, the Survey Division, Department of Accounting and General Services of the State of Hawaii, issued C.S.F. 21,373 establishing the formal description of the Seawall Easement; and

WHEREAS, on September 30, 1991, an independent appraiser submitted to the Department the appraisal, with a determination that the appraised value of the Seawall Easement was $4,000, effective as of September 1, 1990; and

WHEREAS, on January 27, 1992, the Department notified the Hickman Trusts of the completion of the appraisal and requested $4,000 from the Hickman Trusts to pay the appraised value of the Seawall Easement, plus $55 for related administrative fees; and

WHEREAS, on June 23, 1992, the Hickman Trusts paid the Department $4,055 for the Seawall Easement and the administrative fees; and

WHEREAS, notwithstanding the above, and for reasons that are unknown, the formal easement document was not finalized despite administrative approval and payment for the same; and

WHEREAS, the Hickman Trusts thereafter conveyed Parcel 7 and Parcel 8; and

WHEREAS, there have been other owners of Parcel 7 and Parcel 8 between the Hickman Trusts and the current owners, identified below; and

WHEREAS, on October 20, 1999, one of the subsequent owners developed Parcel 8 into a two-apartment residential condominium identified as the 1688 Halama Street Condominium (the Condominium); and

WHEREAS, the Association of Owners of the Condominium (the Association) consists of the owners of Apartment A and Apartment B of the Condominium; and

WHEREAS, by letter to the Department dated January 22, 2015, the Association requested formal approval of the Seawall Easement with respect to that portion of the Seawall Easement fronting Parcel 8; and

WHEREAS, at a meeting held on May 8, 2015, the Board, subject to certain conditions, approved the formal granting of that portion of the Seawall Easement fronting Parcel 8, for a term of sixty-five years, commencing August 10, 1990; and

WHEREAS, the Department has caused to be prepared a formal description of a map that identifies that portion of C.S.F. 21,373 relating to Parcel 8, containing an area of four hundred fifty square feet, and more particularly described in a legal description prepared by Akamai Land Surveying, Inc., dated October 27, 2015, C.S.F. No. __________(the Parcel 8 Seawall Easement Area); 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 Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2016, the House of Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to issue a term, non-exclusive easement of sixty-five years, commencing on August 10, 1990, covering a portion of state submerged lands, more particularly described in C.S.F. No. _________, and fronting Apartment A and 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, Hawaii, for the use, maintenance, and repair of the existing seawall 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.