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THE SENATE |
S.C.R. NO. |
27 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KAALAWAI, HONOLULU, OAHU, FOR THE EXISTING SEAWALL, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.
WHEREAS, portions of the existing
seawall fronting the property identified as Tax Map Key: (1) 3-1-041:seaward
of 025, Kaalawai, Honolulu, Oahu,
were placed on state submerged lands; and
WHEREAS, around October 2017, the
Department of Land and Natural Resources' Office of Conservation and Coastal
Lands worked with the property owner, Ashley Wu-Fang Chen, to resolve the
encroachment; and
WHEREAS, the Office of Conservation and
Coastal Lands indicated they had no objection to a non-exclusive easement to
resolve the encroachment; and
WHEREAS, at its meeting of April 13, 2018,
under agenda item D-7, the Board of Land and Natural Resources approved a grant
of a 55-year non-exclusive easement to resolve the seawall encroachment, and
such non-exclusive easement shall run with the land and shall inure to the
benefit of the abutting real property; and
WHEREAS, the total
encroachment area was determined to be 214 square feet as reviewed and approved
by the Department of Accounting and General Services' Survey Division; and
WHEREAS, the grantee has paid the fair market value of the 214 square feet non-exclusive easement area of $30,300, as 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 Thirtieth Legislature of the State of Hawaii, Regular Session of 2020, 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: (1) 3-1-041:seaward of 025, Kaalawai, Honolulu, Oahu, for the existing seawall, 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) 3-1-041