THE SENATE	S.C.R. NO.	69
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

AUTHORIZING THE SALE OF STATE RECLAIMED LAND AT KAALAEA, KOOLAUPOKO, OAHU, FOR PRIVATE PROPERTY PURPOSES.

WHEREAS, Joseph J. Phillips Jr., Trustee of the Joseph J. Phillips Jr. Living Trust under an unrecorded trust instrument dated October 5, 1987, and Stephanie J. Phillips, Trustee of the Stephanie J. Phillips Living Trust under an unrecorded trust instrument dated October 5, 1987 are the owners of the private property abutting state reclaimed lands identified as Tax Map Key: (1) 4-7-24: seaward of 29, Kaalaea, Koolaupoko, Oahu; and

WHEREAS, during the implementation of the Kaneohe Bay Piers Amnesty Program in 2001, Joseph and Stephanie Phillips, Jr. obtained a pier lease from the Department of Land and Natural Resources; and

WHEREAS, a field survey discovered approximately 156 square feet of state reclaimed land abutting their private property; and

WHEREAS, subsequently, Joseph and Stephanie Phillips, Jr. obtained from the Board of Land and Natural Resources a 55-year term non-exclusive easement, issued as Grant of Non-Exclusive Easement S-5175, effective July 13, 2001, and with a one-time payment was $4,700, for the use of subject state reclaimed land,; and

WHEREAS, in or around 2007, Joseph and Stephanie Phillips, Jr. requested the opportunity to purchase the fee title of subject state reclaimed land; and

WHEREAS, on June 8, 2007, under agenda Item D-4, the Board of Land and Natural Resources approved the sale of subject state reclaimed land to Joseph J. Phillips Jr., Trustee of the Joseph J. Phillips Jr. Living Trust under an unrecorded trust instrument dated October 5, 1987, and Stephanie J. Phillips, Trustee of the Stephanie J. Phillips Living Trust under an unrecorded trust instrument dated October 5, 1987; and

WHEREAS, the appraised value of subject state reclaimed land is $11,550; and

WHEREAS, the appraisal report was prepared by Curtis Nishimura of Yamaguchi & Yamaguchi, Inc.; and

WHEREAS, the date of the appraisal valuation was June 8, 2007; and

WHEREAS, the proposed sale will facilitate Joseph and Stephanie Phillips, Jr. to be responsible for maintenance of subject state reclaimed land in perpetuity; and

WHEREAS, Joseph and Stephanie Phillips, Jr. do not have plans to develop subject state reclaimed land other than keeping it well maintained as an extension of their backyard; and

WHEREAS, an informational briefing on the proposed sale of subject state reclaimed land was held on November 30, 2009 at Windward Community College in Kaneohe, Oahu; and

WHEREAS, section 171-64.7, Hawaii Revised Statutes, requires the state department or agency proposing to sell or gift state lands shall submit for introduction to the legislature a concurrent resolution for review of the proposed sale or gift of state lands; and

WHEREAS, a copy of the subject concurrent resolution is submitted to the Office of Hawaiian Affairs; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the House of Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to sell state reclaimed land fronting the property identified as Tax Map Key: (1) 4-7-24: seaward of 29, Kaalaea, Koolaupoko, Oahu, to Joseph J. Phillips Jr., Trustee of the Joseph J. Phillips Jr. Living Trust under an unrecorded trust instrument dated October 5, 1987, and Stephanie J. Phillips, Trustee of the Stephanie J. Phillips Living Trust under an unrecorded trust instrument dated October 5, 1987, for private property purposes pursuant to section 171-64.7, 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 Sale Of State Reclaimed Land At Kaalaea, Koolaupoko, Oahu, For Private Property Purposes