THE SENATE

S.C.R. NO.

87

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 kuau, hamakUApoko, maui, for the existing seawall and concrete steps, and for use, repair, and maintenance of the existing improvements constructed thereon.

 

 


     WHEREAS, portions of the existing seawall and concrete steps fronting the property identified as Tax Map Key: (2) 2-6-010:017, Kuau, Hamakuapoko, Maui, are located on state submerged lands; and

 

     WHEREAS, around July 2017, the previous owners of the property, Kahanu Family Limited Partnership, in performance of standard due diligence in preparation for the sale of the premises, discovered the existing seawall and concrete steps encroached on state submerged lands; and

 

     WHEREAS, around 2007, subsequent to the discovery of the encroachment, Kahanu Family Limited Partnership worked with the Department of Land and Natural Resources to resolve the existing seawall and concrete steps encroachment; and

 

     WHEREAS, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands supported a disposition of a proposed shoreline easement to resolve the existing encroachments; and

 

     WHEREAS, at its meeting on August 25, 2017, under agenda item D-10, the Board of Land and Natural Resources approved the grant of a fifty-five-year non-exclusive easement to resolve the seawall encroachments for two easement areas encompassing approximately 1,600 square feet, pending review and approval by the Department of Accounting and General Services' Survey Division, with the easement to run with the land and inure to the benefit of the abutting real property; and

 

     WHEREAS, subsequent to the August 25, 2017, Board of Land and Natural Resources meeting, an easement survey was conducted on April 30, 2018, to verify the easement area and identified a total encroaching area of 1,390 square feet, more or less, that included three easement areas, one of which consisted of existing concrete steps; and

 

     WHEREAS, on July 13, 2018, under agenda item D-6, the Board of Land and Natural Resources approved amending the August 25, 2017, authorization to grant a fifty-five-year non-exclusive easement to resolve the seawall and concrete steps encroachment by adding a third encroachment area to the easement and by decreasing the previously approved 1,600 square feet (estimated easement area) to 1,390 square feet (surveyed easement area); and

 

     WHEREAS, subsequent to the July 13, 2018, Board of Land and Natural Resources meeting, a new easement survey was conducted and identified a total encroachment area of 1,613 square feet, more or less, that include portions of a L-shaped wing wall at the northwest corner of the property; and

 

     WHEREAS, the final total encroachment area was determined to be 1,613 square feet as reviewed and approved by the Department of Accounting and General Services' Survey Division; and

 

     WHEREAS, on September 11, 2020, under agenda item D-4, the Board of Land and Natural Resources approved amending the July 13, 2018, authorization to grant a fifty-five-year non-exclusive easement to resolve the seawall and concrete steps encroachment, by adding the L-shaped wing wall area and making minor adjustments to the areas of easements two and three, from 1,390 square feet, more or less, to 1,613 square feet, more or less; and

 

     WHEREAS, the previous owners, Kahanu Family Limited Partnership, have since sold the abutting real property to Sea & Believe LLC; and

 

     WHEREAS, Sea & Believe LLC is required to pay the fair market value of the 1,613 square feet of non-exclusive easement areas, with such value to be determined by an 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) 2-6-010:017, Kuau, Hamakuapoko, Maui, for the existing seawall 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:

_____________________________

 

 

Report Title: 

DLNR; Submerged Lands; Easement; Seawall