THE SENATE	S.C.R. NO.	4
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

AUTHORIZING THE ISSUANCE OF NON-EXCLUSIVE EASEMENT COVERING PORTION OF STATE SUBMERGED LANDS AT LAHAINA, MAUI, FOR MAINTENANCE AND REPAIR OF EXISTING CONCRETE PILLARS AND IMPROVEMENTS PURPOSES.

     WHEREAS, the original decks makai of Lahaina Front Street were constructed in the 1920s, sometime in 1966 or 1967 when Lahaina Yacht Club acquired the Front Street property, the building was restored, and the open deck and some of the piers were replaced, and subsequently, in 1982 or 1983, Lahaina Yacht Club replaced some piers; and

     WHEREAS, in 1987, Lahaina Yacht Club filed a conservation district use application with the Department of Land and Natural Resources (Department) to bring the existing deck into conformance with the law; and

     WHEREAS, on September 25, 1987, under agenda item H-5, the Board of Land and Natural Resources (Board) granted an after-the-fact conservation district use permit for the clubhouse deck and proposed roof construction over state submerged lands, and, furthermore, the Board assessed Lahaina Yacht Club a $1,000 fine for unauthorized use and occupancy of state submerged lands; and

     WHEREAS, on February 12, 1988, under agenda item F-7, the Board approved the direct issuance of a term, non-exclusive easement to Lahaina Yacht Club for the maintenance and repair of existing concrete pillars and for the use and maintenance of the existing improvements constructed thereon including the proposed roof construction over the clubhouse wood deck subject to certain terms and conditions; and

     WHEREAS, on August 2, 1989, the Department issued Grant of Easement No. S-5182 to Lahaina Yacht Club for a term of twenty years, commencing February 12, 1988, and expiring on February 11, 2008, with the annual rent for the first ten years having been $3,000 and the remaining ten years having been $5,661; 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 Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the House of Representative 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) 4-5-1:5 at Lahaina, Maui, for maintenance and repair of existing concrete pillars and improvements purposes pursuant to section 171-53, Hawaii Revised Statutes; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.

OFFERED BY:

_____________________________

Report Title: 

AUTHORIZING THE ISSUANCE OF NON-EXCLUSIVE EASEMENT COVERING PORTION OF STATE SUBMERGED LANDS AT LAHAINA, MAUI, FOR MAINTENANCE AND REPAIR OF EXISTING CONCRETE PILLARS AND IMPROVEMENTS PURPOSES