THE SENATE	S.C.R. NO.	39
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT HEEIA, KOOLAUPOKO, OAHU, 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, Heeia, Koolaupoko, Oahu, 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 that abutting property to Clayton Honbo; and

WHEREAS, in August 2014, 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 fifty-five-year non-exclusive easement to resolve the encroachments; and

WHEREAS, the subject area is about 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 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 2018, 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 identified as Tax Map Key: (1) 4-6-001: seaward of 019, Heeia, Koolaupoko, Oahu, 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.

OFFERED BY:

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Report Title:

TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT HEEIA, KOOLAUPOKO, OAHU