THE SENATE	S.C.R. NO.	19
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT MAUNALUA, 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) 3-9-016:036, Maunalua, Honolulu, Oahu, were placed on state submerged lands; and

 

        WHEREAS, around December 2019, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands worked with the property owner, Daisho Company, Ltd. dba Daishohouse, 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 July 10, 2020, under agenda item D-5, the Board of Land and Natural Resources approved a grant of a 25-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 138 square feet, more or less, subject to the review and approval by the Department of Accounting and General Services' Survey Division; 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 Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, 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   9   016:036, Maunalua, 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.

 

 

 

	OFFERED BY:	_____________________________
		BY REQUEST

Report Title:

BLNR; Tax Map Key: (1) 3   9   016:036