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THE SENATE |
S.C.R. NO. |
41 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
AUTHORIZING THE ISSUANCE OF A SIXTY-FIVE YEAR TERM, NON-EXCLUSIVE EASEMENT FOR REPAIR AND MAINTENANCE OF the EXISTING SEAWALL SEAWARD OF AND FRONTING TAX MAP KEY number: (2) 3-9-11:7; WAIOHULU-KEOKEA HOMESTEADS AND BEACH LOTS, WAIOHULU-KEOKEA (KIHEI), WAILUKU, MAUI, HAWAII.
WHEREAS, in or around May 1990, staff of the Department of Land and Natural Resources investigated and found that portions of a seawall were built on government beach reserve lands in Kihei, Maui, without proper state authorization; and
WHEREAS, in August of 1990, under agenda item F-7, the Board of Land and Natural Resources approved the assessment of a $500 fine and a direct sale of a perpetual, non-exclusive easement to the Charles E. Hickman Trust and Virginia S. Hickman Trust for the repair and maintenance of the existing seawall seaward of and fronting tax map key numbers: (2) 3-9-11:7 (Parcel 7) and 8 (Parcel 8); and
WHEREAS, in 1990, pursuant to the terms of the approval, the Hickman Trusts paid the consideration required by the perpetual easement as well as the document and mapping fees assessed by the Department of Land and Natural Resources' Land Division; and
WHEREAS, for reasons which remain unknown, the formal easement document was not finalized despite administrative approval and payment of all required fees; and
WHEREAS, through conveyancing, Garry A. Weber is the current owner of Parcel 7; and
WHEREAS, Parcel 8 was developed into a residential condominium project identified as 1688 Halama Street Condominium and in 2015 the owners of Parcel 8 were granted a sixty-five year easement for the repair and maintenance of their portion of the existing seawall; and
WHEREAS, on April 22, 2016, under agenda item D-5, the Board of Land and Natural Resources, subject to certain conditions, approved the amendment of the prior action with respect to Parcel 7 by changing the term of the easement from perpetual to a term, non-exclusive easement of sixty-five years, commencing August 10, 1990, for repair and maintenance of the existing seawall seaward of Parcel 7, belonging to Garry A. Weber; and
WHEREAS, one of the conditions of the Board relates to section 171-53, Hawaii Revised Statutes, which 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 2017, the House of Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to issue a term, nonexclusive easement of sixty-five years, commencing on August 10, 1990, covering a portion of state submerged lands, fronting the property identified as tax map key number: (2)3-9-11:7, seaward of lot 7, Waiohuli-Keokea Homesteads and Beach Lots, Waiohuli-Keokea (Kihei) Wailuku, Maui, Hawaii for the maintenance and repair of the existing seawall constructed thereon, pursuant to section 171-53(c), 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.
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OFFERED BY: |
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65 year term, non-exclusive easement; Tax Map Key Numbers (2) 3-9-11:7 and 8