HOUSE OF REPRESENTATIVES

H.C.R. NO.

9

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KANEOHE, KOOLAUPOKO, OAHU, FOR THE EXISTING PIER AND SEAWALL, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.

 

 


     WHEREAS, a portion of the existing pier fronting the property identified as Tax Map Key: (1) 4-5-058: seaward of 030, Kaneohe, Koolaupoko, Oahu, was placed upon state submerged lands; and

 

     WHEREAS, around June 2017, the previous owners, Nicholas and Amy Denzer, worked with the Department of Land and Natural Resources to resolve the pier encroachment; and

 

     WHEREAS, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands indicated the pier is a non-conforming structure and had no objection to a long-term easement to resolve the encroachment; and

 

     WHEREAS, on June 13, 2017, during a site inspection, a portion of the existing seawall fronting the property identified as Tax Map Key: (1) 4-5-058: seaward of 030, Kaneohe, Koolaupoko, Oahu, was also determined to be placed upon state submerged lands; and

 

     WHEREAS, in July 2017, the previous owners transferred the abutting property to Shea Alan Sutton; and

 

     WHEREAS, on April 27, 2018, under agenda item D-6, the Board of Land and Natural Resources approved a grant of a 55-year non-exclusive easement to resolve the pier and seawall encroachments, to run with the land and to inure to the benefit of the abutting real property; and

 

     WHEREAS, an easement survey conducted subsequent to the April 27, 2018, Board of Land and Natural Resources meeting showed the total area of encroachments to be 351 square feet, which has been reviewed and approved by the Department of Accounting and General Services' Survey Division; and

 

     WHEREAS, the grantee shall pay the State the fair market value of the easement as consideration of the use of state submerged lands to be determined by independent appraisal; 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 House of Representatives of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, the House of the 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) 4-5-058: seaward of 030, Kaneohe, Koolaupoko, Oahu, for the existing pier and seawall, and for 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.

 

 

 

 

OFFERED BY:

_____________________________

 

 

BY REQUEST

Report Title: 

DLNR; Tax Map Key: (1) 4-5-058: seaward of 030