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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
25 |
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THIRTIETH LEGISLATURE, 2020 |
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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 WAIMANALO, KOOLAUPOKO, OAHU, FOR THE EXISTING PIER, SEAWALL, AND STEPS, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.
WHEREAS, the existing pier
identified as Tax Map Key: (1) 4-1-001:seaward of 011, Waimanalo, Koolaupoko,
Oahu, was placed upon state
submerged lands; and
WHEREAS, since 1977, the abutting property
owner, C. Michael Muller, possessed a month-to-month revocable permit issued by
the Board of Land and Natural Resources to resolve the pier encroachment of 716
square feet; and
WHEREAS, in 2016, Mr. Muller expressed an
interest in converting the revocable permit to a non-exclusive easement; and
WHEREAS, the Department of Land and Natural
Resources' Office of Conservation and Coastal Lands did not indicate any
objections to the conversion into a non-exclusive easement regarding the pier;
and
WHEREAS, at
its meeting of January 13, 2017, under agenda item D-14, the Board of Land and
Natural Resources approved a grant of a 55-year non-exclusive easement to
resolve the encroachment, to run with the land and to inure to the benefit of
the abutting real property;
and
WHEREAS, House Concurrent Resolution No. 27, Senate Draft 1, adopted in the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2017, cited the purpose of the requested non-exclusive easement only for pier purposes; and
WHEREAS, at its meeting of April 12, 2019, under agenda item D-8, the Board of Land and Natural Resources approved to amend the total encroachment area to 2,818 square feet, subject to the review and approval by the Department of Accounting and General Services' Survey Division, and to add seawall and steps purposes to the non-exclusive easement; and
WHEREAS, the grantee shall pay the State the fair market value of the non-exclusive 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 House of Representatives of the Thirtieth Legislature of the State of Hawaii, Regular Session of 2020, 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) 4-1-001:seaward of 011, Waimanalo, Koolaupoko, Oahu, for the existing pier, seawall, and steps, 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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BY REQUEST |
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BLNR; Tax Map Key: (1) 4-1-001