Bill Text: HI SCR79 | 2018 | Regular Session | Amended

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Bill Title: Authorizing The Issuance Of A Term, Non-exclusive Easement And Issuance Of Immediate Right Of Entry Covering A Portion Of State Land At Kaanapali, Lahaina, Maui, For Beach Walk, Trench Drain, Sign, And Public Beach Shower Purposes.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Passed) 2018-04-24 - Resolution adopted in final form. [SCR79 Detail]

Download: Hawaii-2018-SCR79-Amended.html

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THE SENATE	S.C.R. NO.	79
TWENTY-NINTH LEGISLATURE, 2018		S.D. 1
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT AND ISSUANCE OF IMMEDIATE RIGHT OF ENTRY COVERING A PORTION OF STATE LAND AT KAANAPALI, LAHAINA, MAUI, FOR BEACH WALK, TRENCH DRAIN, SIGN, AND PUBLIC BEACH SHOWER PURPOSES.

 

 

     WHEREAS, HMC Maui LP (applicant), a foreign limited partnership, owns the Hyatt Regency Maui property located at 200 Nohea Kai Drive, Kaanapali, Hawaii, further identified by tax map key:  (2) 4-4-013: seaward of 006 and 008; and

 

     WHEREAS, the following encroachments were identified to be located seaward of the shoreline on state land:

 

     (1)  Portions of a decorative brick header;

 

     (2)  Lights mounted on coconut trees;

 

     (3)  Portions of a rope fence;

 

     (4)  Portions of a beach walkway;

 

     (5)  Submerged shore perpendicular pipes;

 

     (6)  Infrastructure for utilities;

 

     (7)  Fill material;

 

     (8)  Landscaping debris;

 

     (9)  Portions of a concrete slab;

 

    (10)  Portions of a wood deck; and

 

    (11)  Geotextile sandbags; and

 

     WHEREAS, the applicant proceeded to consult with the Office of Conservation and Coastal Lands (OCCL) to determine which encroachments would qualify for easements and which would require removal; and

 

     WHEREAS, the OCCL determined that all encroachments must be removed except those that are absolutely essential for safe, lateral public access; and

 

     WHEREAS, the applicant proceeded to remove all encroachments except for the beach walkway, trench drain, ocean hazards sign, and public shower; and

 

     WHEREAS, the OCCL concluded that the remaining encroachments met the criteria of being absolutely essential for safe, lateral public access; and

 

     WHEREAS, after review and consideration of the information gathered, it was determined that the issuance of an easement for the beach walkway, trench drain, ocean hazards sign, and public shower would have no discernible effect on beach and recreational resources, and does not act as a detriment to public access; therefore, the OCCL had no objections to the issuance of an easement; and

 

     WHEREAS, on January 27, 2017, under agenda item D-11, the Board of Land and Natural Resources approved the direct issuance of a fifty-five-year term, non-exclusive easement and issuance of immediate right of entry to HMC Maui LP; and

 

     WHEREAS, the easement authorizes HMC Maui LP the right, privilege, and authority to use, maintain, repair, replace, and remove the existing beach walk, trench drain, sign, and public beach shower over, under, and across state owned land; and

 

     WHEREAS, the encroachment area is approximately 1,776 square feet, subject to review and approval by the Department of Accounting and General Services' Survey Division; and

 

     WHEREAS, the grantee will be required to pay the State the fair market value of the easement as consideration of the use of public lands to be determined by an independent appraiser; and

 

     WHEREAS, section 171-53(c), Hawaii Revised Statutes, require the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution to lease state lands; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, the House of Representatives concurring, that the Board of Land and Natural Resources is authorized to issue a term, non-exclusive easement and immediate right of entry covering a portion of state lands fronting the property identified as tax map key:  (2) 4-4-013:  seaward of 006 and 008, Lahaina, Maui, to leave in place the existing beach walk, trench drain, sign, and public beach shower, and for the use, maintenance, repair, replacement, and removal of the existing improvements constructed thereon pursuant to sections 171-13 and 171-53(c), 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.

Report Title: 

State Lands; Non-exclusive Easement; Right of Entry; Authorization