HOUSE OF REPRESENTATIVES

H.C.R. NO.

110

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT KAWAILOA, WAIALUA, OAHU, FOR MAINTENANCE AND REPAIR OF EXISTING ROCK AND CONCRETE SEAWALL AND IMPROVEMENTS.

 

 

 


     WHEREAS, a rock and concrete seawall was placed on lands at Kawailoa, Waialua, Oahu, identified by Tax Map Key: (1)6-1-003:024-0001 seaward, sometime prior to 1949; and

 

     WHEREAS, Douglas and Kathleen Giannetti purchased the abutting private property in 2012, and sought to construct a new home on the property; and

 

     WHEREAS, in 2012, the Department of Land and Natural Resources informed Mr. and Mrs. Giannetti that the seawall is now encroaching over 110 feet of state land; and

 

     WHEREAS, on January 11, 2013, under agenda item D-13, the Board of Land and Natural Resources approved the grant of a fifty-five-year term non-exclusive easement to resolve the encroachment; and

 

     WHEREAS, the character of use of the term, non-exclusive easement is the right, privilege, and authority to maintain and repair the existing seawall subject to certain terms and conditions; 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) 6-1-003:024-0001 seaward, at Kawailoa, Waialua, Oahu, 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:

_____________________________

 

(BY REQUEST)

Report Title: 

Term Non-Exclusive Easement; Seawall