THE SENATE

S.C.R. NO.

17

TWENTY-EIGHTH LEGISLATURE, 2016

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 MAKAHA, WAIANAE, OAHU, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING SEAWALL, AND FOR THE USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.

 

 


     WHEREAS, the existing seawall fronting the property identified as Tax Map Key: (1) 8-4-005: seaward of 002, Makaha, Waianae, Oahu, was placed upon state submerged lands; and

 

     WHEREAS, around July 2012, the Department of Land and Natural Resources worked with the owner, West Coast Roofing, Inc., to resolve the encroachment; and

 

     WHEREAS, on January 11, 2013, under agenda item D-14, the Board of Land and Natural Resources approved a grant of a 55-year non-exclusive easement to resolve the encroachment; and

 

     WHEREAS, pursuant to section 171-53, Hawaii Revised Statutes, Senate Concurrent Resolution No. 105 was adopted by the Twenty-seventh Legislature in May 2013; and

 

     WHEREAS, the subject area was about 131 square feet, as reviewed and approved by the Department of Accounting and General Services' Survey Division; and

 

     WHEREAS, fair market value of the 131 square feet was appraised at $3,000; and

 

     WHEREAS, other portions of the same seawall were exposed pursuant to a subsequent shoreline certification application process; and

 

     WHEREAS, the total encroaching area was then determined to be 321 square feet as reviewed and approved by the Department of Accounting and General Services' Survey Division; and

 

     WHEREAS, the Department of the Attorney General advised that another concurrent resolution pursuant to section 171-53, Hawaii Revised Statutes, is required for the additional encroaching area; and

 

     WHEREAS, the grantee is required to pay the State the fair market value of $7,351, covering the total encroachment area of 321 square feet, as consideration of the use of public lands; 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-eighth Legislature of the State of Hawaii, Regular Session of 2016, 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: (1) 8-4-005: seaward of 002, Makaha, Waianae, Oahu, for the maintenance and repair of the existing seawall, and for the 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 Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.

 

 

 

Report Title: 

State Submerged Lands; Term, Non-exclusive Easement; Repair and Maintenance; BLNR; Makaha