THE SENATE

S.C.R. NO.

19

TWENTY-EIGHTH LEGISLATURE, 2015

S.D. 1

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIMANALO, KOOLAUPOKO, OAHU, FOR THE USE, MAINTENANCE, AND REPAIR OF THE EXISTING SEAWALL AND STEPS.

 

 


     WHEREAS, the Eve G. Anderson Trust owns the property located in Waimanalo, Koolaupoko, Oahu, identified as Tax Map Key Number (1)4-1-002:007; and

 

     WHEREAS, in 2014, it was determined that the existing seawall and steps fronting the property identified as Tax Map Key Number (1)4-1-002:007, encumber a total of 4,539 square feet of state submerged lands; and

 

     WHEREAS, the existing seawall appears to have been constructed during the 1930s, as supported by Map 1 of Land Court Application 977 and the letter dated January 23, 1931, by the Chairperson of the Board of Harbor Commissioners approving the owner's predecessor-in-interest's request to construct a concrete facing to the present seawall; and

 

     WHEREAS, on September 3, 2014, the Office of Conservation and Coastal Lands of the Department of Land and Natural Resources determined that the seawall was constructed prior to the establishment of the Conservation District in 1964 and indicated its support of an issuance of an easement to resolve the encroachments; and

 

     WHEREAS, on November 14, 2014, under agenda item D-21, the Board of Land and Natural Resources approved a grant of a 55‑year non-exclusive easement to resolve the encroachments; and

 

     WHEREAS, as consideration for the easement, the owner agreed to pay to the State a one-time payment to be determined by an independent appraisal establishing a fair market value, subject to review and approval by the Chairperson of the Board of Land and Natural Resources; and

 

     WHEREAS, section 171-53, Hawaii Revised Statutes, requires prior approval of the Governor and prior authorization of the Legislature by concurrent resolution for the disposition of state submerged lands; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2015, the House of Representatives concurring, that the Board of Land and Natural Resources is authorized to issue a term, non-exclusive easement covering a portion of state submerged lands fronting the property identified as Tax Map Key Number (1)4-1-002:007, Waimanalo, Koolaupoko, Oahu, for the use, maintenance, and repair of a seawall and steps, pursuant to section 171-53, Hawaii Revised Statutes; and

 

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

Report Title: 

State submerged lands; Tax Map Key Number (1)4-1-002:007