THE SENATE

S.C.R. NO.

17

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 Waiohuli-Keokea Homesteads, Kihei, Maui, for the EXISTING seawall, rock revetment, and CONCRETE steps, and for use, repair, and maintenance of the existing improvements constructed thereon.

 

 


     WHEREAS, a portion of the existing seawall and rock revetment fronting the property identified as Tax Map Key: (2) 3-9-012:003, Waiohuli-Keokea Homesteads, Kihei, Maui, was placed upon state submerged lands; and

 

     WHEREAS, around June 2017, the previous owners, Robin M. Kean and Jennifer Downs Kean, Trustees of the Robin M. Kean Revocable Living Trust dated October 1, 2015, and Jennifer Downs Kean and Robin M. Kean, Trustees of the Jennifer Downs Kean Revocable Living Trust dated October 1, 2015, worked with the Department of Land and Natural Resources to resolve the existing seawall and rock revetment encroachment; and

 

     WHEREAS, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands recommended disposition of the proposed shoreline easement in order to resolve the existing encroachment; and

 

     WHEREAS, on June 9, 2017, under agenda item D-9, the Board of Land and Natural Resources approved a grant of a 55-year

non-exclusive easement to resolve the seawall and rock revetment encroachment for an area of approximately 611 to 650 square feet, pending review and approval by the Department of Accounting and General Services' Survey Division, and such easement shall run with the land and inure to the benefit of the abutting real property; and

 

     WHEREAS, an easement survey conducted on December 12, 2018, subsequent to the June 9, 2017, Board of Land and Natural Resources meeting, identified a total encroaching area of 668 square feet, more or less, which now included portions of an existing concrete steps; and

 

     WHEREAS, on April 26, 2019, under agenda item D-6, the Board of Land and Natural Resources approved amending the June 9, 2017 authorization to grant a 55-year non-exclusive easement to resolve the seawall and rock revetment encroachment, by adding a portion of the concrete steps as an additional encroachment to be resolved by way of the easement, and increasing the easement area from 650 square feet, more or less, to 668 square feet, more or less; and

 

     WHEREAS, the total encroachment area was subsequently determined to be 668 square feet as reviewed and approved by the Department of Accounting and General Services' Survey Division; and

 

     WHEREAS, the previous owners have paid the fair market value of the 668 square feet non-exclusive easement area of $27,700, as determined by an independent appraisal; and

 

     WHEREAS, the previous owners have since sold the abutting real property to Andrew J. Guzzo and Paisly Hannah Bender; and

 

     WHEREAS, section 171-53, Hawaii Revised Statutes, requires 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) 3‑9‑012:003, Waiohuli-Keokea Homesteads, Kihei, Maui, for the existing seawall, rock revetment, and concrete steps, 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:

BLNR; Tax Map Key: (2) 3‑9‑012:003