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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
7 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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HOUSE CONCURRENT
RESOLUTION
AUTHORIZING THE ISSUANCE OF A TWENTY-FIVE YEAR TERM, NON- EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT LAIE, KOOLAULOA, OAHU, FOR A ROCK REVETMENT THAT INCLUDES STAIRS, AND FOR USE, REPAIR, AND MAINTENANCE OF THE IMPROVEMENTS CONSTRUCTED THEREON.
WHEREAS, a rock revetment, which includes stairs, seaward of the residential real property identified as Tax Map Key: (1) 5-5-002:032, Laie, Koolauloa, Oahu, was constructed on state submerged land in the early 1960s; and
WHEREAS, in 2022, Western Community Crossroads, LC, a Utah limited liability company, purchased the residential real property identified as Tax Map Key: (1) 5-5-002:032, which abuts the portion of state submerged land containing the rock revetment; and
WHEREAS, it is estimated that the rock revetment and its stairs were constructed by a prior owner of the abutting residential real property in approximately 1962 or 1963, before the enactment of statutes and rules that regulate the placement of structures on the shoreline; and
WHEREAS, the rock revetment and its stairs constitute an encroachment onto state submerged lands; and
WHEREAS, the Office of Conservation and Coastal Lands has no objection to a non-exclusive easement to resolve the encroachment; and
WHEREAS, the total encroachment area was determined to be seven hundred ten square feet, as reviewed and approved by the Department of Accounting and General Services' Survey Division and
WHEREAS, at its meeting on March 8, 2024, under agenda item D-2, the Board of Land and Natural Resources approved the grant of a twenty-five-year term, non-exclusive easement to Western Community Crossroads, LC, for the rock revetment and stairs, to run with the land and to inure to the benefit of the abutting residential real property identified by the Tax Map Key: (1) 5-5-002:032; and
WHEREAS, at the same meeting, the Board approved an immediate right of entry permit and revocable permit to allow the property owners to maintain the structure during the pendency of the easement process subject to payment of $66 monthly rent, posting of a removal bond, and provision of liability insurance for the structure; and
WHEREAS, the right of entry permit and revocable permit will be executed once the shoreline is certified pursuant to an open application which is being processed by Land Division as of August 2024; and
WHEREAS, Western Community Crossroads, LC, shall pay the State the fair market value of the non-exclusive easement as consideration for the use of state submerged lands, to be determined by an independent appraisal; and
WHEREAS, section 171-53(c), Hawaii Revised Statutes, requires the prior approval of the Governor and the prior authorization of the Legislature by concurrent resolution to lease state submerged land; now, therefore,
BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to issue a twenty-five-year term, non-exclusive easement covering a portion of state submerged land seaward of the property identified as Tax Map Key: (1) 5-5-002:032, Laie, Koolauloa, Oahu, to Western Community Crossroads, LC, for the rock revetment and stairs, and for the use, repair, and maintenance of the improvements constructed thereon pursuant to section 171-53(c), 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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Authorizing the Issuance of a Twenty-Five Year Term, Non-Exclusive Easement Covering a Portion of State Submerged Lands at Laie, Koolauloa, Oahu, for a Rock Revetment that Includes Stairs, and for Use, Repair, and Maintenance of the Improvements Constructed Thereon