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THE SENATE |
S.C.R. NO. |
103 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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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 pursuant to section 171-53, hawaii revised statutes, relating to reclamation and disposition of submerged or reclaimed public land.
WHEREAS, a rock and concrete seawall was placed on lands in Kawailoa, Waialua, Oahu, sometime prior to 1949; and
WHEREAS, Douglas and Kathleen Giannetti, the current owners of private property located at Kawailoa, District of Waialua, City and County of Honolulu, Hawaii, identified by tax map key: (1) 6-1-003:024-0001, purchased their property in 2012 and sought to construct a new home on said property; and
WHEREAS, in 2012, the Department of Land and Natural Resources informed the owners that the seawall comprising approximately 110 feet has encroached on state owned submerged land; and
WHEREAS, Douglas and Kathleen Giannetti applied to the Land Division of the Department of Land and Natural Resources to request a grant of a fifty-five year term for a non-exclusive easement for seawall purposes; and
WHEREAS, on January 11, 2013, under agenda item D-13, the Board of Land and Natural Resources approved the request for the term, non-exclusive easement for seawall purposes to Douglas and Kathleen Giannetti; and
WHEREAS, on January 11, 2013, under agenda item D-13, the Board of Land and Natural Resources declared that, after considering the potential effects of the proposed disposition as provided by chapter 343, Hawaii Revised Statutes, and chapter 11-200, Hawaii Administrative Rules, this project will probably have minimal or no significant impact on the environment and is therefore exempt from the preparation of an environmental assessment; and
WHEREAS, on January 11, 2013, under agenda item D-13, the Board of Land and Natural Resources authorized the easement request to be applicable in the event of a change of ownership of the abutting parcel described as tax map key: (1) 6-1-003:024-0001; provided the succeeding owner has not had a lease, permit, easement, or other disposition of state lands terminated within the last five years due to noncompliance with such terms or provisions; and
WHEREAS, the character of the use of the easement is the right, privilege, and authority to use, maintain, repair, replace, and remove the existing seawall over, under, and across state-owned land; and
WHEREAS, the easement term is for fifty-five years in consideration for a one-time payment to be determined by independent or staff appraisal establishing a fair market rent, subject to review and approval by the Chairperson of the Board of Land and Natural Resources; and
WHEREAS, pursuant to section 171-53(c), Hawaii Revised Statutes, the Board of Land and Natural Resources, with the approval of the Governor and the prior authorization of the Legislature by concurrent resolution, may lease state submerged lands and lands beneath tidal waves; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the House of Representatives concurring, that the fifty-five year term for a non-exclusive easement to Douglas and Kathleen Giannetti, owners of the abutting property identified by tax map key: (1) 6-1-003:0024-0001 seaward, is hereby authorized by the Legislature according to the terms and conditions approved by the Board of Land and Natural Resources on January 11, 2013; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor and Chairperson of the Board of Land and Natural Resources.
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OFFERED BY: |
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Non-exclusive Easement; Submerged Lands