STAND. COM. REP. NO. 1658

 

Honolulu, Hawaii

                  

 

RE:    H.C.R. No. 26

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

 

Sir:

 

     Your Committee on Water and Land, to which was referred H.C.R. No. 26 entitled:

 

"HOUSE CONCURRENT RESOLUTION AUTHORIZING THE AMENDMENT OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KAILUA, KOOLAUPOKO, OAHU, FOR THE SEAWALL AND BOAT RAMP, AND FOR THE USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to authorize the amendment of a term, non-exclusive easement for the portion of state submerged lands fronting the property identified as tax map key:  (1) 4-3-005: seaward of 094, Kailua, Koolaupoko, Oahu, for the maintenance and repair of the existing seawall and boat ramp, and for the use, repair, and maintenance of the existing improvements constructed thereon, pursuant to section 171-53, Hawaii Revised Statutes.

 

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources.

 

     Your Committee finds that, pursuant to section 171-53, Hawaii Revised Statutes, the Board of Land and Natural Resources (Board) may lease submerged lands with the prior approval of the Governor and the prior authorization of the Legislature by concurrent resolution.  Your Committee further finds that on June 4, 2004, under agenda item D-6, the Board approved a grant of a fifty-five-year non-exclusive easement to resolve the encroachments of the seawall and boat ramp identified in this measure.  Since the issuance of the easement, a subsequent survey has shown the shoreline boundary to be further mauka, which resulted in an additional encroachment area of 328 square feet.  On May 27, 2016, under agenda item D-13, the Board authorized the amendment of the easement by incorporating the additional encroachment area subject to an additional payment of $33,584, based on the pro-rated value of the easement.  Your Committee concludes that the amendment to the easement is necessary for the maintenance and repair of the existing seawall and boat ramp, and for the use, repair, and maintenance of the existing improvements constructed thereon.

 

     Your Committee has amended this measure by:

 

     (1)  Clarifying that the owner of the property is the Elizabeth Rice Grossman Family Trust;

 

     (2)  Making a technical, nonsubstantive amendment to the title for the purposes of clarity and consistency; and

 

     (3)  Making other technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 26, as amended herein, and recommends that it be referred to your Committee on Ways and Means, in the form attached hereto as H.C.R. No. 26, S.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Water and Land,

 

 

 

________________________________

KARL RHOADS, Chair