Bill Text: HI HCR5 | 2015 | Regular Session | Amended

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Bill Title: Pier Pilings Encroachment, BLNR Authorization; Pulama Lanai

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2015-04-10 - Referred to WTL, WAM. [HCR5 Detail]

Download: Hawaii-2015-HCR5-Amended.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	5
TWENTY-EIGHTH LEGISLATURE, 2015		H.D. 1
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TERM LEASE AND NON-EXCLUSIVE EASEMENT FOR PIER PILINGS ENCROACHMENT PURPOSES AT PULAWAI, ON THE ISLAND OF LANAI.

 

 

 

WHEREAS, pier pilings, which are the remnants of a cattle chute constructed in the early 1900s to load cattle onto ships during the period when a cattle industry existed on the island of Lanai, occupy approximately 585 square feet, more or less, subject to confirmation by the Department of Accounting and General Services, of parcel 002, Pulawai, Lanai, identified by Tax Map Key: (2) 4-9-17; and

 

WHEREAS, the Office of Conservation and Coastal Lands determined that the pier pilings are the remnants of a nonconforming use and that a conservation district use permit is not required; and

 

WHEREAS, the Office of Conservation and Coastal Lands also found that the pier pilings are noted as Site 50-40-98-1522 on the State Inventory of Historic Properties and recommended that Pulama Lanai enter into discussions with the Maui District Land Office and the Historic Preservation Division of the Department of Land and Natural Resources; and

 

WHEREAS, Lāna‘i Resorts, LLC dba Pulama Lanai is interested in maintaining the historic site and asked for an easement for the encroachment; and

 

WHEREAS, Pulama Lanai agreed to a security deposit of $250,000 for the pier pilings, to be applied to any future consideration or other applicable charges and has provided to the Department of Land and Natural Resources a CAD map with the metes and bounds of the leased area, prepared by a licensed surveyor; and

WHEREAS, on June 13, 2014, the Board of Land and Natural Resources approved Pulama Lanai's request for a 55-year term lease and non-exclusive easement for pier pilings encroachment purposes; and

 

WHEREAS, section 171-53(c), Hawaii Revised Statutes, requires the approval of the Governor and prior authorization of the Legislature by concurrent resolution for the leasing of state submerged lands and lands beneath tidal waters; now, therefore,

 

BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2015, the Senate concurring, pursuant to section 171-53, Hawaii Revised Statutes, that the Board of Land and Natural Resources is authorized to issue a term lease of fifty-five years and non-exclusive easement for approximately 585 square feet, more or less, subject to confirmation by the Department of Accounting and General Services, seaward of parcel 002, Pulawai, Lanai, identified by Tax Map Key: (2) 4-9-17 for pier pilings encroachment purposes; and

 

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.

Report Title: 

Pier Pilings Encroachment, BLNR Authorization; Pulama Lanai