THE SENATE	S.C.R. NO.	16
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF TERM, NON-EXCLUSIVE EASEMENTS COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIOHULI-KEOKEA (KIHEI), WAILUKU, MAUI, for the EXISTING seawall, AND FOR USE, MAINTENANCE, AND REPAIR OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.

 

 

        WHEREAS, portions of an existing seawall fronting the property identified as Tax Map Key: (2) 3-9-011:008,

Waiohuli-Keokea (Kihei), Wailuku, Maui, were placed on state submerged lands; and

 

        WHEREAS, the property is a condominium consisting of CPR 0001 owned by Rand 2013 Living Trust, Dated November 25, 2013 and CPR 0002 formerly owned by Reconstruct Holdings USA, Inc.; and

 

        WHEREAS, at its meeting of May 8, 2015, under agenda item D-8, the Board of Land and Natural Resources approved a grant of a 65-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, Senate Concurrent Resolution No. 7, adopted in the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2016, cited the purpose of the requested non-exclusive easement for seawall purposes; and

 

        WHEREAS, it was later discovered that there were additional portions of the seawall which were not covered by the non-exclusive easement which were encroaching on state submerged lands; and

 

        WHEREAS, the additional total encroachment area was determined to be approximately 928 square feet, more or less, subject to review and approval by the Department of Accounting and General Services' Survey Division; and

 

        WHEREAS, Reconstruct Holdings USA, Inc., the former owner of CPR 0002, requested that the non-exclusive easement that was granted by the Board of Land and Natural Resources on May 8, 2015 be divided into two separate easements; and

 

        WHEREAS, at its meeting of August 25, 2017, under agenda item D-9 as amended, and October 12, 2018, under agenda item D-5, the Board of Land and Natural Resources approved the grant of sixty-five (65) year, non-exclusive easements for the additional portions of the seawall on state submerged lands, to run with the land and inure to the benefit of CPR 0001 and CPR 0002, Waiohuli-Keokea (Kihei), Wailuku, Maui, of the abutting real property, to resolve the encroachments; and

 

        WHEREAS, Reconstruct Holdings USA, Inc. conveyed its interest in CPR 0002 to Timothy Vaugon Isted by Apartment Deed A72910038 dated December 3, 2019; and

 

        WHEREAS, the grantees shall pay the fair market value of the easements as 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 Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, the House of Representatives concurring, that, pursuant to section 171-53, Hawaii Revised Statutes, the Board of Land and Natural Resources is hereby authorized to grant term, non-exclusive easements covering portions of state submerged lands fronting the property identified as Tax Map Keys (2) 3-9-011:008 CPR 0001 and CPR 0002, Waiohuli-Keokea (Kihei), Wailuku, Maui, for the existing seawall, and for use, maintenance, and repair of the existing improvements constructed thereon; 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:	_____________________________
		BY REQUEST

Report Title:

BLNR; Tax Map Keys: (2) 3-9-011:008