|
THE SENATE |
S.C.R. NO. |
74 |
|
TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
SENATE CONCURRENT
RESOLUTION
AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT LAHAINA, MAUI, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING CONCRETE SEAWALL, AND FOR THE USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.
WHEREAS, portions of the existing concrete seawall fronting the property identified as Tax Map Key: (2) 4-6-003: seaward of 007, Lahaina, Maui, was placed upon state submerged lands; and
WHEREAS, in mid-2016, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands worked with the property owner, Campbell Family Trust, to resolve the encroachment; and
WHEREAS, on October 14, 2016, under agenda item D-9, the Board of Land and Natural Resources approved a grant of a fifty-five-year non-exclusive easement to resolve the encroachment; and
WHEREAS, the subject area as described in the October 14, 2016, submittal is about 71 square feet, however a subsequent easement survey shows the area to be approximately 65 square feet, which will be reviewed and approved by the Department of Accounting and General Services' Survey Division; and
WHEREAS, the grantees are required to pay the State the fair market value of the easement, to be determined by an independent appraisal, as consideration for the use of public lands; 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-ninth Legislature of the State of Hawaii, Regular Session of 2017, the House of Representatives 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) 4-6-003: seaward of 007, Lahaina, Maui, for the maintenance and repair of the existing concrete seawall, and for the 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.
BLNR; Issuance of a Term, Non-Exclusive Easement; State Submerged Lands at Lahaina, Maui; Concrete Seawall