Bill Text: HI SR13 | 2011 | Regular Session | Introduced

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Bill Title: Ownership of Kaimakani Street; DLNR; City and County of Honolulu

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2011-03-22 - (S) The committee on PGM deferred the measure. [SR13 Detail]

Download: Hawaii-2011-SR13-Introduced.html

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THE SENATE	S.R. NO.	13
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

SENATE RESOLUTION

 

 

REQUESTING THE DEPARTMENT OF LAND AND NATURAL RESOURCES AND THE CITY AND COUNTY OF HONOLULU TO agree to a final determination regarding the ownership and jurisdiction of an unimproved section of Kaimakani Street.

 

 

 

     WHEREAS, in a memorandum dated March 24, 2005, an abstractor employed by the Department of Land and Natural Resources, Land Division, stated that ownership and jurisdiction over a certain section of Kaimakani Street (TMK: 1-9-9-05, 28, 29, and 68) were transferred to and accepted by the City and County of Honolulu in compliance with Council Resolution No. 93­287 of the City and County of Honolulu, which was adopted on September 29, 1993; and

 

     WHEREAS, the abstractor's findings are as follows:

 

"Said portion of Kaimakani Street formerly designated as the "Aiea-Halawa Boundary Road" situate lying along the Aiea-Halawa boundary between Ulune Street and Halawa Heights Road, is colored Green on the maps attached as Exhibit A.

 

Pursuant to the 1892 Highway Act, said Aiea-Halawa Boundary Road was declared a "public highway" owned by the Hawaiian Government in fee simple.

 

Under the "Organic Act" of April 30, 1900, the ownership to the Aiea-Halawa boundary road, and all public property of the Hawaiian Government, is ceded and transferred to the United States, providing that "unless otherwise provided for by Congress, or taken for the uses and purposes of the United States", it remain in the possession, use and control of the government of the Territory of Hawaii.

 

By Presidential Executive Order No. 2566, dated March 28, 1917 portions of the Aiea-Halawa Boundary Road as shown on TMK: (1) 9-9-68, are set-aside for the Aiea Military Reservation.  The lands under PEO 2566, including portions of the Aiea-Halawa Boundary Road as shown on TMK: (1) 9-9-05 are later transferred to the Navy Department by letter dated December 1924.

 

Excluded from PEO 2566 as a "right of way granted to the Territory of Hawaii by right of continued occupancy", the ownership to portions of the Aiea-Halawa Boundary Road as shown on TMK: (1) 9-9-28 and 29, are transferred under Section 5(b) of the Admission Act of March 18, 1959, from the United States to the State of Hawaii.

 

In accordance with Section 5(e) of said Admission Act, the United States conveyed all of its right, title and interest in and to the Aiea-Halawa Boundary Road as shown on TMK: (1) 9-9-05 and 68 to the State of Hawaii by the following Quitclaim Deeds.

 

By Quitclaim Deed dated September 27, 1962, (LOD S-19998) portions of the Aiea-Halawa Boundary Road as shown on TMK: (1) 9-9-05 and described as "a portion of Tract 1 of former Aiea Military Reservation as described in Presidential Executive Order 2566", are conveyed to the State of Hawaii, subject to the following:

 

"RESERVING there from, to the United States of America, its successors and assigns an easement for construction, operation, maintenance and repair of utilities, storm drains, ditches, and a roadway, with rights of access thereto, on, over, under and across a right-of-way running along the Southeast boundary of the aforesaid land."

 

By Executive Order No. 2121 dated November 21, 1963, the land as conveyed to the State in LOD S-19998, was set aside for school purposes and placed under the control and management of the Department of Education, subject to the easement reserved in favor of the United States.  Said easement affecting that portion of Kaimakani Street as shown on TMK: (1) 9-9-05.

 

By Quitclaim Deed dated March 5, 1963 (LOD No. S-19999), portions of the Aiea-Halawa Boundary Road as shown on TMK: (1) 9-9-68 and described as a "connecting" right-of-way between Tracts 1 and 2 in Presidential Executive Order No. 2566, are conveyed to the State of Hawaii, subject to the following:

 

"RESERVING, HOWEVER, to the party of the first part and its assigns, an easement together with necessary rights of access for the operation, repair and maintenance of an underground hut; storm drains; water, sewer, electrical and telephone lines and appurtenances; over, under and across the lands hereinabove described."  Said easement affecting that portion of Kaimakani Street as shown on TMK: (1) 9-9-68.["]

 

The ownership to said portion of Kaimakani Street formerly designated "Aiea-Halawa Boundary Road", as shown on Exhibit A, is transferred to the City and County of Honolulu through operation of laws, pursuant to Chapter 264 of the Hawaii Revised Statutes.

 

As to Portion of Land Patent Grant No. 8945

Said portion of Kaimakani Street being a portion of Land Patent Grant No. 8945 to B.P. Bishop, is colored Red on TMK: (1) 9-9-68.

 

By Exchange Deed dated April 5, 1937, (LOD 5595) by and between the Trustees under the Will and of the Estate of Bernice Pauahi Bishop, deceased and the Territory of Hawaii, said portion of Land Patent Grant 8945 and other lands, were conveyed to the Territory of Hawaii.

 

The ownership of the Territory of Hawaii in and to said portion of Kaimakani Street as shown on TMK: (1) 9-9-68, in accordance with Section 5(a) of the Admission Act of March 18, 1959, succeeded to the State of Hawaii.

 

Pursuant to Chapter 264 of the Hawaii Revised Statutes and in accordance with City Council Resolution No. 93-287 adopted September 29, 1993, the title and ownership to said Kaimakani Street is transferred to and accepted by the City and County of Honolulu.

 

We find that the City and County of Honolulu owns the subject Kaimakani Street as shown on Tax Maps (1) 9-9-05, 68, 28 and 29 attached as Exhibit A, subject to the reservation of an easement in favor of the United States of America, affecting portions of said Kaimakani Street shown colored in green on TMK: (1) 9-9-68 and 05, ONLY."; and

 

     WHEREAS, in a letter dated May 13, 2005, the Chairperson of the Board of Land and Natural Resources at the time stated that the City and County of Honolulu has jurisdiction of that section of Kaimakani Street; and

 

     WHEREAS, in a letter dated September 11, 2008, the Chairperson of the Board of Land and Natural Resources at the time stated that the section of Kaimakani Street in question is owned by the City and County of Honolulu; and

 

     WHEREAS, in a letter dated March 16, 2006, the Chief of the Land Division in the City and County of Honolulu's Department of Design and Construction, stated that Act 288, Session Laws of Hawaii 1993, does not apply to Kaimakani Street, and thus does not confer ownership or maintenance responsibilities to the City and County of Honolulu; and

 

     WHEREAS, in a letter dated June 27, 2006, the Chief of Staff to the Governor attributed ownership of Kaimakani Street to the City and County of Honolulu; and

 

     WHEREAS, the dispute over the ownership of and jurisdiction over Kaimakani Street must be resolved; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, that the Department of Land and Natural Resources and the City and County of Honolulu are urged to agree to a final determination regarding the ownership and jurisdiction of an unimproved section of Kaimakani Street; and

 

     BE IT FURTHER RESOLVED that Department of Land and Natural Resources and the City and County of Honolulu are urged to take into consideration the impact of:

 

(1)  Act 288, Session Laws of Hawaii 1993; and

 

(2)  Resolution No. 93-287 of the City and County of Honolulu; and

 

     BE IT FURTHER RESOLVED that the Department of Land and Natural Resources and the City and County of Honolulu are urged to come to an understanding or agreement, regardless of any final determination of ownership and jurisdiction, regarding ongoing and continuing maintenance of Kaimakani Street; and

 

     BE IT FURTHER RESOLVED that the Department of Land and Natural Resources is requested to report findings and recommendations regarding ownership of, jurisdiction over, and ongoing and continuing maintenance of Kaimakani Street to the Legislature no later than thirty days prior to the convening of the Regular Session of 2012; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources and the Mayor and Chairperson of the Council of the City and County of Honolulu.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Ownership of Kaimakani Street; DLNR; City and County of Honolulu