THE SENATE

S.C.R. NO.

18

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 and Beach lots, Kihei, Maui, for the EXISTING seawalL AND ROCK revetment, 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) 3-9-010:006, Waiohuli-Keokea Homesteads and Beach Lots, Kihei, Maui, was placed upon state submerged lands; and

 

     WHEREAS, around February 2013, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands worked with the previous property owners, Wesley John Hickey and Diane Marie Hickey, to resolve the encroachment; and

 

     WHEREAS, the Office of Conservation and Coastal Lands indicated they had no objection to a long-term easement to resolve the encroachment; and

 

     WHEREAS, at its meeting of July 11, 2014, under agenda item D-3, 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, and such easement shall run with the land and to inure to the benefit of the abutting real property; and

 

     WHEREAS, the total encroachment area was determined to be 1,260 square feet as reviewed and approved by the Department of Accounting and General Services' Survey Division; and

 

     WHEREAS, the previous owners paid the fair market value of the 1,260 square feet non-exclusive easement area of $71,100, as determined by an independent appraisal; and

WHEREAS, the previous owners have since sold the abutting real property to Ui Nalu, LLC; 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) 3‑9‑10:006, Waiohuli-Keokea Homesteads and Beach Lots, Kihei, Maui, for the existing seawall and rock revetment, 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) 3‑9-10:006