HOUSE OF REPRESENTATIVES	H.C.R. NO.	55
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

AUTHORIZING THE LEASE OF EASEMENT COVERING PORTION OF SUBMERGED LANDS AT HONOULIULI, EWA, OAHU, FOR DRAINAGE CHANNEL PURPOSES.

     WHEREAS, Haseko (Ewa), Inc. is requesting permission to excavate a drainage channel as part of the Papipi Road drainage improvements to primarily benefit the existing Ewa Beach community along Papipi Drive and Papipi Road and to also address some of Haseko's Ocean Pointe project runoff; and

     WHEREAS, the Board of Land and Natural Resources on May 11, 2007, issued its Findings of Fact, Conclusions of Law, and Decision and Order granting Haseko’s Conservation District Use Permit request for drainage channel improvements; and

     WHEREAS, the Board of Land and Natural Resources on July 13, 2007, under agenda item D-3, authorized the direct issuance of a perpetual, non-exclusive easement, land license, and construction right-of-entry for the use of 2,320 square feet of state submerged lands, subject to certain terms and conditions; and

     WHEREAS, Haseko is requesting an early construction commencement date for the drainage channel improvements to provide relief from potential flooding for the Ewa community, including the Ewa Beach Elementary School, before the next rainy season; and

     WHEREAS, Haseko is willing to provide a deposit to cover the estimated consideration, fees, and other costs prior to the execution of a land document to ensure the completion of the documents; and

     WHEREAS, Mr. Michael Lee, Intervenor, has appealed the Board of Land and Natural Resources' decision on Haseko's Conservation District Use Permit request to the First Circuit Court; and

     WHEREAS, Haseko has expressed its willingness to restore the state submerged land in the event the Board of Land and Natural Resources' decision is overturned; and

     WHEREAS, Haseko on July 19, 2007 signed the construction right-of-entry letter and on July 23, 2007 paid $17,775 deposit for the easement consideration and document fees; and

     WHEREAS, section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution before submerged public lands may be granted an easement; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to grant an easement covering a portion of submerged lands at Honouliuli, Ewa, Oahu, for drainage channel purposes 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: 

AUTHORIZING THE LEASE OF EASEMENT COVERING PORTION OF SUBMERGED LANDS AT HONOULIULI, EWA, OAHU, FOR DRAINAGE CHANNEL PURPOSES