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THE SENATE |
S.R. NO. |
166 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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SENATE RESOLUTION
AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT MAALAEA BEACH LOTS, WAIKAPU, WAILUKU, MAUI, FOR THE EXISTING SEAWALL AND ROCK REVETMENT, AND FOR USE, MAINTENANCE, REPAIR, REPLACEMENT, AND REMOVAL OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.
WHEREAS, a portion of the existing seawall and rock revetment fronting the property identified as Tax Map Key: (2) 3-8-014:seaward of 022, Maalaea Beach Lots, Waikapu, Wailuku, Maui, is on state submerged lands; and
WHEREAS, around August 2015, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands worked with the property owners, the Association of Apartment Owners of Milowai-Maalaea, to resolve the encroachment; and
WHEREAS, the Office of Conservation and Coastal Lands indicated they would support a long-term easement to resolve the encroachment because the seawall has no discernable effect on beach and recreational resources, and does not act as a detriment to public access; and
WHEREAS, the Office of Conservation and Coastal Lands has determined that no improvement would be gained by removing the encroaching seawall because there are similar seawalls neighboring the property and to the east stretching along the shoreline of Maalaea Bay; and
WHEREAS, the Office of Conservation and Coastal Lands has determined the encroachment serves as primary erosion control for potentially threatened structures, but that impacts to the adjacent and upland developments must also be considered; and
WHEREAS, at its meeting of October 9, 2015, under agenda item D-6, the Board of Land and Natural Resources approved a grant of a fifty-five year term, non-exclusive easement to resolve the seawall and rock revetment encroachment, and authorized the easement to run with the land and inure to the benefit of the abutting real property; and
WHEREAS, at its meeting of January 8, 2021, under agenda item D-5, the Board of Land and Natural Resources approved an amendment to the Board action of October 9, 2015, item D-6, to shorten the term of the easement from fifty-five to twenty-five years, or in the event the applicant is not successful in acquiring the fee or obtaining an extension of the ground lease of the abutting apartment property, to end on December 31, 2038, concurrent with the expiration of the ground lease for the abutting apartment property; and
WHEREAS, the total encroachment area was determined to be 1,737 square feet as reviewed and approved by the Department of Accounting and General Services' Survey Division; 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-second Legislature of the State of Hawaii, Regular Session of 2023, that the Board of Land and Natural Resources is hereby authorized to issue a term, non-exclusive easement covering a portion of state submerged lands fronting the property identified as Tax Map Key: (2) 3-8-014:seaward of 022, Maalaea Beach Lots, Waikapu, Wailuku, Maui, for the existing seawall and rock revetment, and for use, maintenance, repair, replacement, and removal 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 Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.
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OFFERED BY: |
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Maalaea Beach Lots; Easement; State Submerged Lands; Seawall; Rock Revetment