THE SENATE

S.C.R. NO.

7

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

AUTHORIZING THE ISSUANCE OF NON-EXCLUSIVE EASEMENT COVERING PORTION OF SUBMERGED LANDS AT SPRECKELSVILLE, WAILUKU, MAUI, HAWAII, FOR MAINTENANCE OF ROCK GROIN PURPOSES.

 

WHEREAS, during the 1920s, the Baldwin family constructed three rock groins (groins) on fast and submerged lands in Spreckelsville, Wailuku, Maui, Hawaii, at the same time they built their main beach house; and

WHEREAS, the groins were built on state-owned fast and submerged lands; and

WHEREAS, the current owners of the former Baldwin property, identified as Tax Map Key: (2) 3-8-02:25, Arapahoe Financial Plaza, LLC (Arapahoe), acquired the property in November 1999; and

WHEREAS, on October 15, 2001, Arapahoe submitted a request to the Department of Land and Natural Resources (Department) for an easement to maintain the groins in order to obtain a shoreline certification as required by the County of Maui for future improvements on their parcel; and

WHEREAS, a University of Hawaii Sea Grant Coastal Processes Extension Service Specialist visited the site and, on December 24, 2001, recommended that the groins remain in place as the removal of the structures may likely lead to erosion in the subject area and could potentially affect the historic residence; and

WHEREAS, on January 15, 2002, the Departmentís Coastal Lands Program staff visited the site and determined that the removal of the groins could lead to erosion and reduce the publicís recreational opportunities, and the issuance of the easement for the groins would have no adverse impact on natural resources, including beach resources; and

WHEREAS, on August 23, 2002, under agenda item D-2, the Board of Land and Natural Resources approved the direct issuance of a term, non-exclusive easement to Arapahoe for the use of submerged public lands to maintain the rock groin structures, 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 to lease submerged public lands; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2004, the House of Representatives concurring, 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) 3-8-02:25 at Spreckelsville, Wailuku, Maui, Hawaii, for maintenance of rock groin 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:

_____________________________

BY REQUEST

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