HCR58.DOC

WHEREAS, on February 23, 1990, the Board of Land and Natural Resources authorized the direct sale of a non-exclusive, perpetual easement to the Trustees of the Papakea Seawall Easement Trust, for and on behalf of the Papakea Association of Apartment Owners (Papakea AOAO), for maintenance and repair of an existing seawall and for landscaping purposes; and

WHEREAS, subsequent to the Board's action, Land Office Deed (LOD) No. 27836, was recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 91-002182 and was issued on December 27, 1990, for Tax Map Key: (2) 4-4-001: Seaward of 55, granting the easement; and

WHEREAS, in connection with a shoreline certification survey conducted on the abutting private property owned by the Papakea AOAO, a previously unexposed section of the seawall's footing, consisting of approximately nine hundred forty-three square feet, was discovered on the makai side of the subject private property; and

WHEREAS, this previously unexposed section of the seawall was not visible at the time the original survey of the seawall was done by the State in 1990 and, therefore, was not included in the legal description of the easement in LOD No. 27836; and

WHEREAS, the Papakea AOAO desires to include this nine hundred forty-three square foot section, more or less, as described as part of the easement granted pursuant to LOD No. 27836; and

WHEREAS, on August 9, 2013, the Board of Land and Natural Resources authorized the amendment of LOD No. 27836 to include the additional nine hundred forty-three square foot area, more or less, as described in a survey and legal description prepared by Valencia Land Surveying dated September 18, 2012, and approved by the Board of Land and Natural Resources at its August 9, 2013, meeting, within the coverage of easement, subject to the following conditions:

(1) A one-time payment of $12,070.40 for the additional area;

(2) The standard terms and conditions of the most current amendment of shoreline encroachment document form; and

(3) The easement shall be amended to run with the land and shall inure to the benefit of the real property described as Tax Map Key: (2) 4-4-001: 055; provided, however:

(A) It is specifically understood and agreed that the easement shall immediately cease to run with the land upon the expiration or other termination or abandonment of the easement; and

(B) If and when the easement is sold, assigned, conveyed, or otherwise transferred, the grantee shall notify the grantor of such transaction in writing, and shall notify the grantee's successors and assigns of the insurance requirement in writing, separate and apart from the easement document; and

WHEREAS, the Papakea AOAO has satisfied the Board's condition requiring a one-time payment; and

WHEREAS, pursuant to section 171-53(c), Hawaii Revised Statutes, the Board of Land and Natural Resources, with the prior approval of the Governor and the prior authorization of the Legislature by concurrent resolution, may lease state submerged lands and lands beneath tidal waters under the terms, conditions, and restrictions provided in chapter 171, Hawaii Revised Statutes; 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 authorized to amend Land Office Deed No. 27836, granting a non-exclusive perpetual easement for seawall maintenance and repair purposes, and for landscaping purposes, to include an additional area of nine hundred forty-three square feet, more or less, within the scope of coverage under the easement, subject to the following conditions:

(1) The standard terms and conditions of the most current amendment of shoreline encroachment easement document form; and

(2) The easement shall be amended to run with the land and shall inure to the benefit of the real property described as Tax Map Key: (2) 4-4-001: 055; provided, however:

(A) It is specifically understood and agreed that the easement shall immediately cease to run with the land upon the expiration or other termination or abandonment of the easement; 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 and the President of the Papakea Association of Apartment Owners.

	OFFERED BY:	_____________________________

Report Title:

Seawall Easement; Papakea AOAO; Board of Land and Natural Resources; Lahaina

HOUSE OF REPRESENTATIVES	H.C.R. NO.	58
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII