THE SENATE

S.C.R. NO.

12

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KAMAOLE, KULA, MAUI, FOR THE EXISTING RUBBLE ROCK REVETMENT, ROCK WALL, AND TWO CONCRETE STAIRWAYS, AND FOR USE, MAINTENANCE, REPAIR, REPLACEMENT, AND REMOVAL OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.

 

 


     WHEREAS, portions of the existing rubble rock revetment, rock wall, and two concrete stairways identified as Tax Map Key: (2) 3-9-005:001, Kamaole Beach lots, Kamaole, Kula, Maui, were placed on state submerged lands; and

 

     WHEREAS, the subject encroachments were discovered during a routine site inspection of two revocable permits between the State and the Association of Apartment Owners of Hale Pau Hana (AOAO); and

 

     WHEREAS, one of the revocable permits authorized a rubble rock revetment on state submerged land (state lands makai of the certified shoreline) and the other revocable permit authorized landscaping on state fast land (state lands mauka of the certified shoreline); and

 

     WHEREAS, upon reviewing the existing revocable permits, the Department of Land and Natural Resources (Department) determined that the most appropriate disposition for the subject encroachments and fast lands (landscaped area) would be a fifty-five-year term non-exclusive easement; and

 

     WHEREAS, the Office of Conservation and Coastal Lands of the Department indicated they had no objection to the retention of the existing rubble rock revetment, rock wall, and two concrete stairways, and that no Conservation District violations existed with regard to the previously authorized structure; and

 

     WHEREAS, after discussion between the Department and the AOAO it was agreed by both parties to resolve the subject encroachments through the issuance of a term non-exclusive easement covering the use of state submerged lands by replacing two existing revocable permits; and

 

     WHEREAS, the subject rubble rock revetment, rock wall, two concrete stairways, and landscaped area encumber an area of 18,668 square feet, with roughly half that area being submerged lands and the other half of that area being fast lands, as reviewed and approved by the Department of Accounting and General Services' Survey Division; and

 

     WHEREAS, the Legislature's approval is only being requested for the submerged portion of the easement; and

 

     WHEREAS, on March 10, 2011, under agenda item D-4, the Board of Land and Natural Resources approved the issuance of a fifty-five-year term, non-exclusive easement to the AOAO; and

 

     WHEREAS, the grantee has paid the fair market value of the 18,668 square feet non-exclusive easement area of $291,000, as 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 Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, 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: (2) 3‑9‑005:001, for the existing rubble rock revetment, rock wall, and two concrete stairways, and for use, maintenance, repair, replacement, and removal 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:

BLNR; Tax Map Key: (2) 3‑9‑005:001