HOUSE OF REPRESENTATIVES

H.C.R. NO.

19

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING PORTION OF STATE SUBMERGED LANDS AT WAIKIKI, HONOLULU, Oahu, for the maintenance and repair of the existing SEAWALL AND STEPS, and for use, repair, and maintenance of the existing improvements constructed thereon.

 

 


WHEREAS, portions of the existing seawall and steps fronting the property identified as Tax Map Key: (1) 3-6-001: seaward of 042, Waikiki, Honolulu, Oahu, were placed upon state submerged lands; and

 

WHEREAS, in January 2015, the previous owners, Christopher and Wanaao Eldridge, requested an easement for the encroachments discovered during the due diligence period for the sale of their property; and

 

WHEREAS, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands supports an easement to resolve the encroachment;

 

WHEREAS, in March 2015, the previous owners sold the abutting property to Dustin and Lisa Sellers;

 

WHEREAS, on April 10, 2015, under agenda item D-8, the Board of Land and Natural Resources approved a grant of a 55-year non-exclusive easement to resolve the encroachments; and

 

WHEREAS, the subject area is about 37 square feet, which will be reviewed and approved by the Department of Accounting and General Services' Survey Division; and

 

WHEREAS, the grantees shall pay the State the fair market value of the easement as consideration of the use of public lands 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 House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2016, the Senate 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) 3-6-001: seaward of 042, Waikiki, Honolulu, Oahu, for the maintenance and repair of the existing seawall and 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:

Authorized BLNR to issue a term, non-exclusive easement