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THE SENATE |
S.R. NO. |
22 |
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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 HAUULA, KOOLAULOA, OAHU, FOR THE EXISTING RIPRAP REVETMENT, RAMP, AND ROCK GROIN, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.
WHEREAS, portions of the existing riprap revetment, ramp, and rock groin fronting the property identified as Tax Map Key: (1) 5-3-008:seaward of 012, Hauula, Koolauloa, Oahu, were placed on state submerged lands; and
WHEREAS, around April 2022, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands worked with the property owners, Steven Ernest MacBride and Valerie Jean MacBride, trustees of the Steven and Valerie MacBride Revocable Trust dated October 30, 2018, to resolve the encroachment; and
WHEREAS, the Office of Conservation and Coastal Lands indicated they had no objection to a non-exclusive easement to resolve the encroachment; and
WHEREAS, at its meeting of August 26, 2022, under agenda item D-5, the Board of Land and Natural Resources approved a grant of a 25-year non-exclusive easement to resolve the riprap revetment, ramp, and rock groin encroachment, and a non‑exclusive easement to run with the land and inure to the benefit of the abutting real property; and
WHEREAS, the total encroachment area was determined to be 1,900 square feet, more or less, subject to review and approval by the Department of Accounting and General Services, Survey Division; and
WHEREAS, the grantee has agreed to pay the State the fair market value of the non-exclusive easement as consideration of the use of public lands to be determined by an independent appraisal; 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, nonexclusive easement covering a portion of state submerged lands fronting the property identified as Tax Map Key: (1) 5‑3‑008:seaward of 012, Hauula, Koolauloa, Oahu, for the existing riprap revetment, ramp, and rock groin, and for use, repair, and maintenance 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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State Submerged Lands; Legislative Approval