THE SENATE

S.C.R. NO.

24

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

AUTHORIZING THE LEASE OF EASEMENT COVERING PORTION OF SUBMERGED LANDS AT MAUNALUA, HONOLULU, OAHU, FOR MAINTENANCE OF BREAKWATER PURPOSES.

 

WHEREAS, beginning in 1960, Mr. Henry J. Kaiser initiated the construction of a private marina on fast and submerged lands in Hawaii Kai, Maunalua, Oahu; and

WHEREAS, the Territory of Hawaii and, later, the State of Hawaii issued shore water construction permits for the construction of the private marina; and

WHEREAS, part of the marina was built on Bishop Estate land (boat ramp, staircase, and footbridge) and other facilities (breakwater and dredged channels) were built on State-owned submerged land; and

WHEREAS, in March 2000, Bishop Estate sold the land originally leased to Mr. Kaiser to Evershine VIII (Evershine), a limited partnership, the current owner; and

WHEREAS, the dredged channels serve only as an entrance to Evershine's shore bound marina and the concrete surge break protects only the Evershine property; and

WHEREAS, the breakwater is used by the general public for fishing and other recreational purposes; and

WHEREAS, on October 29, 1998, Evershine submitted a request to the Department of Land and Natural Resources (Department) to repair the breakwater and dredge the harbor and channel to enable passage; and

WHEREAS, extensive discussion between the Department and Evershine transpired over the issues of long-term maintenance and liability; and

WHEREAS, the Department of the Attorney General opined that the shore water permits issued to Mr. Kaiser no longer apply and that Evershine cannot use or repair the breakwater without the State's permission; and

WHEREAS, it is the State's best interests to negotiate a long-term lease with Evershine requiring it to repair and maintain the breakwater and to indemnify the State; and

WHEREAS, Evershine agreed to enter into a long-term lease of non-exclusive easement over the submerged lands thus accepting maintenance and liability responsibilities; and

WHEREAS, the Department determined that a Conservation District Use Permit was not required because the breakwater is a legal non-conforming use and that an Environmental Assessment was not required because the project entails repairs of existing structures involving negligible or no expansion or change of use beyond that previously existing; and

WHEREAS, on November 16, 2001, under agenda item D-13, the Board authorized the direct issuance of a term, non-exclusive easement for the use of state submerged lands, subject to certain terms and conditions; and

WHEREAS, section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution, before submerged public lands may be leased; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2002, the House of Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to lease an easement covering a portion of submerged lands at Maunalua, Honolulu, Oahu, for breakwater purposes pursuant to section 171-53, Hawaii Revised Statutes; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.

 

 

OFFERED BY:

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