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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
31 |
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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 WAIOHULI-KEOKEA HOMESTEADS, KIHEI, MAUI, FOR THE EXISTING SEAWALL, ROCK REVETMENT, AND CONCRETE STEPS, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.
WHEREAS, a portion of the existing
seawall and rock revetment fronting the property identified as Tax Map
Key: (2) 3-9-012:seaward of 003, Waiohuli-Keokea Homesteads, Kihei, Maui, was placed upon state submerged
lands; and
WHEREAS, around June 2017, the current
owners, Robin M. Kean and Jennifer Downs Kean, Trustees of the Robin M. Kean Revocable
Living Trust dated October 1, 2015, and Jennifer Downs Kean and Robin M. Kean,
Trustees of the Jennifer Downs Kean Revocable Living Trust dated October 1,
2015, worked with the Department of Land and Natural Resources to resolve the
existing seawall and rock revetment encroachment; and
WHEREAS, the Department of Land and Natural
Resources' Office of Conservation and Coastal Lands recommended disposition of
the proposed shoreline easement in order to resolve the existing encroachment;
and
WHEREAS, on June 9, 2017, under agenda item
D-9, the Board of Land and Natural Resources approved a grant of a 55-year
non-exclusive easement to resolve the seawall and rock revetment encroachment
for an area of approximately 611 to 650 square feet, pending review and approval
by the Department of Accounting and General Services' Survey Division, and such
easement shall run with the land and inure to the benefit of the abutting real
property; and
WHEREAS, an easement survey conducted on December 12, 2018, subsequent to the June 9, 2017, Board of Land and Natural Resources meeting, showed an additional area of encroachment, being a portion of the existing concrete steps, and a total easement area of 668 feet, more or less; and
WHEREAS, on April
26, 2019, under agenda item D-6, the Board of Land and Natural Resources
approved amending the June 9, 2017 authorization to grant a 55-year non-exclusive easement to resolve the seawall
and rock revetment encroachment, by adding a portion of the concrete
steps as an additional encroachment to be resolved by way of the easement, and increasing the easement area from 650 square feet, more
or less, to 668 square feet, more or less; and
WHEREAS, the grantee shall pay the State the fair market value of the easement as consideration of the use of state submerged lands to be determined by 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 fronting the property identified as Tax Map Key: (2) 3-9-012:seaward of 003, Waiohuli-Keokea Homesteads, Kihei, Maui, for the existing seawall, rock revetment, and concrete 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: (2) 3-9-012