THE SENATE

S.R. NO.

78

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

SENATE RESOLUTION

 

 

aUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS seaward of tax map key: (2) 4-3-2: 27, AT KAANAPALI, MAUI, FOR CONCRETE PIER BLOCK REMNANTS PURPOSES.

 

 

 


     WHEREAS, as part of a shoreline certification to allow Napili Kai, Ltd., that owns a condominium at 5900 Lower Honoapiilani Road, Lahaina, Maui, to make improvements to its existing swimming pool, the State land surveyor discovered several encroachments upon public lands, including state submerged lands;

 

     WHEREAS, the encroachments on state submerged lands include concrete pier block remnants located seaward of that certain parcel of land identified on the tax maps of the State of Hawaii as tax map key: (2) 4-3-2: 27; and

 

     WHEREAS, Napili Kai, Ltd., proposes to keep the area containing the pier block remnants in its existing state and requested that the Board of Land and Natural Resources grant a non-exclusive easement over the state submerged land area containing the pier block remnants, measuring 1,262 square feet, more or less; and

 

     WHEREAS, as part of its submittal to the Board on September 26, 2008, under agenda item D-7, the Department of Land and Natural Resources recommended and the Board approved the issuance of a non-exclusive easement over the area containing the pier block remnants located on 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 to lease state submerged lands; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, 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 contiguous to and seaward of that certain parcel of land identified on the tax maps of the State of Hawaii as tax map key: (2) 4-3-2: 27, comprising 1,262 square feet, more or less; 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.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Submerged state lands; Napili Kai, Ltd.; Kaanapali, Maui