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THE SENATE |
S.C.R. NO. |
19 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
AUTHORIZING THE AMENDMENT OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KAHALA, HONOLULU, OAHU, FOR THE SEAWALL AND STEPS, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.
WHEREAS, portions of the seawall and steps fronting the property identified as Tax Map Key: (1) 3-5-001: seaward of 004, Kahala, Honolulu, Oahu, were placed on state submerged lands; and
WHEREAS, around May 2009, the Department of Land and Natural Resources' Land Division worked with the previous property owner, Kevin Fialko, to resolve the encroachments; and
WHEREAS, on July 22, 2009, under agenda item D-10, the Board of Land and Natural Resources approved a grant of a fifty-five-year non-exclusive easement to run with the land and to inure to the benefit of the abutting real property, to resolve the encroachments; and
WHEREAS, the term, non-exclusive easement covering 773 square feet, appraised at a fair market value of $83,020, was issued in 2010; and
WHEREAS, in April 2013, the previous owner transferred the abutting property to R&I Hawaii Inc.; and
WHEREAS, a subsequent survey showed the shoreline to be further mauka, which resulted in an additional encroachment area of 191 square feet and which has been reviewed and approved by the Department of Accounting and General Services, Survey Division; and
WHEREAS, on July 28, 2017, under agenda item D-5, the Board of Land and Natural Resources approved to amend the easement by incorporating the additional encroachment area subject to payment of additional consideration of $20,513, which is based on the prorated value of the easement; 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 Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, the House of the Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to amend a term, non-exclusive easement covering a portion of state submerged lands fronting the property identified as Tax Map Key: (1) 3-5-001: seaward of 004, Kahala, Honolulu, Oahu, for the seawall and steps, 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.
BLNR Tax Map Key: (1) 3-5-001: seaward of 004, Kahala, Honolulu, Oahu