Bill Text: HI SCR22 | 2014 | Regular Session | Introduced


Bill Title: Non-Exclusive Easement Covering Portion of State Submerged Lands at Haleaha, Koolauloa, Oahu

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-06-05 - Certified copies of resolutions sent, 06-04-14. [SCR22 Detail]

Download: Hawaii-2014-SCR22-Introduced.html

THE SENATE

S.C.R. NO.

22

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING PORTION OF STATE SUBMERGED LANDS AT HALEAHA, KOOLAULOA, OAHU, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING SEAWALL, and for use, maintenance, and repair of the existing improvements constructed thereon.

 

 


WHEREAS, the existing seawall was placed on state submerged lands fronting the property identified as Tax Map Key: (1) 5-3-006: seaward of 021, Haleaha, Koolauloa, Oahu, and appears to be long established as indicated on a survey map dated December 23, 1958; and

 

WHEREAS, around 2003, the Department of Land and Natural Resources (Department) worked with the previous owner of the abutting property, Cho Gilger, to resolve the encroachment; and

 

WHEREAS, on June 25, 2003, the Department's Office of Conservation and Coastal Lands determined the seawall was constructed prior to the establishment of the Conservation District in 1964; and

 

WHEREAS, on July 25, 2003, under agenda item D-12, the Board of Land and Natural Resources approved a grant of a 55-year non-exclusive easement to resolve the encroachment; and

 

WHEREAS, around September 2007, Cho Gilger conveyed the abutting property to the current owners, Phillip T. Spencer, Trustee of the Phillip T. Spencer Revocable Trust and Lisa T. Spencer, Trustee of the Lisa T. Spencer Revocable Trust; and

 

WHEREAS, section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution for this disposition of state submerged lands; now, therefore,

 

BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2014, 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) 5-3-006: seaward of 021, Haleaha, Koolauloa, Oahu, for the maintenance and repair of the existing seawall, and for use, maintenance, and repair 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: 

Non-Exclusive Easement Covering Portion of State Submerged Lands at Haleaha, Koolauloa, Oahu

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