HOUSE OF REPRESENTATIVES

H.C.R. NO.

10

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

HOUSE 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, SEAWALL, AND EAVE, 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 resolve the pier encroachment of about 284 square feet; 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 existing 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, to run with the land and to inure to the benefit of the abutting real property; and

 

     WHEREAS, an easement survey conducted subsequent to the December 9, 2016, Board of Land and Natural Resources meeting showed additional areas of encroachment, including a portion of the existing seawall and eave fronting the property identified as Tax Map Key: (1) 4-5-058: seaward of 033, Kaneohe, Koolaupoko, Oahu, whereby the total encroachment area was determined to be 538 square feet as reviewed and approved by the Department of Accounting and General Services' Survey Division; and

 

     WHEREAS, House Concurrent Resolution No. 78, House Draft 1, Senate Draft 1, adopted in the Twenty-Ninth Legislature 2017, cited the purpose of the requested easement only for pier purposes; and

 

     WHEREAS, on June 8, 2018, under agenda item D-8, the Board of Land and Natural Resources approved to amend the total encroachment area to 538 square feet and to add seawall and eave purposes to the easement; and

 

     WHEREAS, the grantee shall pay the State the fair market value of the easement as consideration of the use of state submerged lands to be determined by 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 Thirtieth Legislature of the State of Hawaii, Regular Session of 2019, the Senate concurring, that the Board of Land and Natural Resources is hereby authorized to issue a term, non-exclusive easement covering portions of state submerged lands identified as Tax Map Key: (1) 4-5-058:121, Kaneohe, Koolaupoko, Oahu, and Tax Map Key: (1) 4-5-058: seaward of 033, Kaneohe, Koolaupoko, Oahu, for the existing pier, seawall, and eave, 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:

_____________________________

 

 

BY REQUEST

Report Title: 

DLNR; Tax Map Key: (1) 4-5-058:121 and (1) 4-5-058