Bill Text: HI SCR5 | 2022 | Regular Session | Amended
Bill Title: Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands At Kaneohe, Koolaupoko, Oahu, For The Existing Pier, House, Rock Wall, And Landscape Area, And For Use, Repair, And Maintenance Of The Existing Improvements Constructed Thereon.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-03-30 - Referred to WAL, FIN, referral sheet 39 [SCR5 Detail]
Download: Hawaii-2022-SCR5-Amended.html
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THE SENATE |
S.C.R. NO. |
5 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 1 |
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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 AT KANEOHE, KOOLAUPOKO, OAHU, FOR THE EXISTING PIER, HOUSE, ROCK WALL, AND LANDSCAPE AREA, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.
WHEREAS, the existing pier, and portions of the existing house, rock wall, and landscape area fronting the property identified as Tax Map Key: (1) 4-4-016:016, Kaneohe, Koolaupoko, Oahu, were placed on state lands (a portion of which is submerged); and
WHEREAS, around February 2019, 20 Baldwin Partners LLC, a Hawaii Limited Liability Company, and Phillip K. Binney, also known as Philip K. Binney, Trustee of the Phillip K. Binney 2018 Irrevocable Gift Trust Agreement dated September 18, 2018, purchased the abutting property that included the encroaching existing pier and portions of the existing house; and
WHEREAS, around April 2019, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands worked with the property owners to resolve the encroachments; and
WHEREAS, in July 2019, a shoreline survey showed a portion of an existing rock wall was also encroaching in addition to the portions of the existing house and pier; and
WHEREAS, the shoreline survey also identified a portion of state land requested by the grantees for landscape purposes; and
WHEREAS, the Office of Conservation and Coastal Lands indicated it supported an easement to resolve the encroachments; and
WHEREAS, at its meeting of November 8, 2019, under agenda item D-14, the Board of Land and Natural Resources approved a grant of a twenty-five-year non-exclusive easement to resolve the subject encroachments, and such non-exclusive easement shall run with the land and shall inure to the benefit of the abutting real property; and
WHEREAS, the total encroachment area was determined to be 1,898 square feet as reviewed and approved by the Department of Accounting and General Services' Survey Division; and
WHEREAS, in September 2020, 20 Baldwin Partners LLC quitclaimed its interest in the abutting real property to Phillip K. Binney; and
WHEREAS, the grantee has paid the fair market value of the 1,898 square feet non-exclusive easement area of $77,000, as determined by an independent appraisal; 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 Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, 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) 4‑4‑016:016, Kaneohe, Koolaupoko, Oahu, for the existing pier, house, rock wall, and landscape area, 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.
Department of Land and Natural Resources; Kaneohe, Koolaupoko, Oahu
