HOUSE OF REPRESENTATIVES

H.C.R. NO.

78

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

authorizing the issuance of a term, non-exclusive easement covering portion of state submerged lands at kaneohe, koolaupoko, oahu, for the maintenance and repair of the existing pier, and for use, repair, and maintenance of the existing IMPROVEMENTS constructed thereon.

 

 


     WHEREAS, the existing pier identified as Tax Map Key: (1) 4-5-058:121, Kaneohe, Koolaupoko, Oahu, was placed upon state submerged lands; and

 

     WHEREAS, since 1987, the abutting property owner, Conrad Bryson Bush, possessed a month-to-month revocable permit issued by the Board of Land and Natural Resources to cover the encroachment; and

 

     WHEREAS, in 2016, Mr. Bush passed away and Mrs. Martha K. Bush became the sole property owner and, subsequently, was interested in converting the revocable permit to a long-term easement; and

 

     WHEREAS, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands did not indicate any objections to the conversion into a long-term easement regarding the pier; and

 

     WHEREAS, on December 9, 2016, under agenda item D-20, the Board of Land and Natural Resources approved a grant of a 55-year non-exclusive easement to resolve the encroachment; and

 

     WHEREAS, the subject area is about 284 square feet, which will be reviewed and approved by the Department of Accounting and General Services' Survey Division; and

     WHEREAS, the grantee shall pay the State the fair market value of the easement as consideration of the use of the public lands to be 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 House of Representatives of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2017, 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 land identified as Tax Map Key: (1) 4-5-058:121, Kaneohe, Koolaupoko, Oahu, for the maintenance and repair of the existing pier, 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.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Easement; State submerged lands.