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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
27 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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HOUSE CONCURRENT
RESOLUTION
AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT HE‘EIA, KO‘OLAUPOKO, O‘AHU, FOR THE EXISTING SEAWALL AND LANDSCAPED AREA AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.
WHEREAS, the existing seawall and
landscaped area identified as Tax Map Key: (1) 4-6-001:seaward
of 019, He‘eia, Ko‘olaupoko,
O‘ahu,
were placed upon state submerged lands; and
WHEREAS, around September
1981, the previous owner, Richard Gessler, worked with the Department of Land
and Natural Resources to resolve the encroachments; and
WHEREAS, the previous
owner was not able to resolve the encroachments; and
WHEREAS,
in March 2007, the previous owner transferred the abutting property to Clayton
Honbo; and
WHEREAS, in August 2014,
the Mr. Honbo transferred the abutting property to his company, Nanaina ‘O
Pali Ku, LLC; and
WHEREAS, in 2014, Nanaina ‘O
Pali Ku, LLC worked with the Department of Land and Natural Resources to
resolve the encroachments; and
WHEREAS, on December 8,
2017, under agenda item D-11, the Board of Land and Natural Resources approved
a grant of a 55-year non-exclusive easement to resolve the encroachments; and
WHEREAS, the subject area
is approximately 1,379 square feet, which will be reviewed and approved by the
Department of Accounting and General Services' Survey Division; and
WHEREAS, the grantee shall
pay the State the fair market value of the easement as consideration of the use
of public lands to be determined by an independent appraisal; and
WHEREAS,
section 171-53, Hawaii Revised Statutes, requires prior approval by the
Governor and prior authorization by the Legislature by concurrent resolution to
lease state submerged lands; now, therefore,
BE IT RESOLVED by the
House of Representatives of the Twenty-ninth Legislature of the State of
Hawaii, Regular Session of 2018, the Senate 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 identified as Tax Map Key:
(1) 4-6-001:seaward of 019, He‘eia,
Ko‘olaupoko,
O‘ahu,
for the existing seawall and
landscaped area and for 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.
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OFFERED BY: |
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Term, Non-exclusive Easement; Submerged Lands at He‘eia, Ko‘olaupoko, O‘ahu