HOUSE OF REPRESENTATIVES

H.C.R. NO.

27

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING PORTION OF STATE SUBMERGED LANDS AT KAALAEA, KOOLAUPOKO, OAHU, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING SEAWALL, AND FOR USE, MAINTENANCE, AND REPAIR OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.

 

 


     WHEREAS, the seawall at Kaalaea, Koolaupoko, Oahu, identified as Tax Map Key: (1) 4-7-024: seaward of 022, was believed to be placed on state submerged lands when the abutting subdivision was developed in the 1940s; and

 

     WHEREAS, Mr. Bruce H. S. Kim purchased the adjacent private property in 2011; Mr. Kim could not locate the copies for any approval for the portions of seawall over state submerged lands; and, around June 2012, Mr. Kim, through his agent, requested to resolve the encroachment, which is about 117 square feet; and

 

     WHEREAS, on July 2, 2012, the Office of Conservation and Coastal Lands of the Department of Land and Natural Resources determined the non-conforming status of encroaching structures has been sufficiently established by the information provided by Mr. Kim; and

 

     WHEREAS, at its meeting of September 14, 2012, under agenda item D-15, the Board of Land and Natural Resources approved the grant of a fifty-five-year non-exclusive easement to resolve the encroachment; 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 House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the Senate 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) 4-7-024: seaward of 022, Kaalaea, Koolaupoko, 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: 

Kaalaea, Koolaupoko, Oahu; Maintenance and Repair of Existing Seawall