| 43 | | - | WHEREAS, portions of the existing seawall, steps, and filled land fronting the property identified as Tax Map Key: (1) 4-7-001:006, Kahaluu, Koolaupoko, Oahu, were placed on state submerged lands; and WHEREAS, in July 1964, Mr. and Mrs. John Akima, Jr. (initial owners), purchased 1,426 square feet of reclaimed land seaward of the property that included an existing seawall, steps, and filled land, and paid a lump sum consideration amount of $1,521 for the reclaimed land; and WHEREAS, in June 2018, Bryan Spicer, the subsequent owner, sold the property to Lynnette Mau, Trustee of the Lynnette Mau Revocable Living Trust dated May 18, 1977, as amended and restated; and WHEREAS, in July 2018, a shoreline survey showed additional areas of the existing seawall and filled land are located makai of the shoreline and encroaching on state submerged lands; and WHEREAS, the survey also showed that portions of the steps that were included in the 1964 reclaimed land purchase are now located makai of shoreline and encroaching on state submerged lands as well; and WHEREAS, around October 2018, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands worked with Lynnette Mau to resolve the encroachments; and WHEREAS, the Office of Conservation and Coastal Lands indicated it had no objection to a non-exclusive easement to resolve the encroachments; and WHEREAS, at its meeting of February 8, 2019, under agenda item D-8, the Board of Land and Natural Resources approved a grant of a twenty-five-year non-exclusive easement to resolve the existing seawall, steps, and filled land 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 encroaching area was determined to be eight hundred forty-two square feet, as reviewed and approved by the Department of Accounting and General Services' Survey Division; and WHEREAS, the grantee paid the State the fair market value of the eight hundred forty-two square feet non-exclusive easement area of $32,000, as determined by an independent appraisal; and WHEREAS, in May 2021, Lynnette Mau sold the property to Martin Wade Cornett and Annette Pauline Cornett; 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) 4-7-001:006, Kahaluu, Koolaupoko, Oahu, for the existing seawall, steps, and filled land, 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. Report Title: Department of Land and Natural Resources; Kahaluu, Koolaupoko, Oahu |
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| 43 | + | WHEREAS, portions of the existing seawall, steps, and filled land fronting the property identified as Tax Map Key: (1) 4-7-001:006, Kahaluu, Koolaupoko, Oahu, were placed on state submerged lands; and WHEREAS, in July 1964, Mr. and Mrs. John Akima, Jr. (initial owners), purchased 1,426 square feet of reclaimed land seaward of the property that included an existing seawall, steps, and filled land, and paid a lump sum consideration amount of $1,521 for the reclaimed land; and WHEREAS, in June 2018, Bryan Spicer, the subsequent owner, sold the property to Lynnette Mau, Trustee of the Lynnette Mau Revocable Living Trust dated May 18, 1977, as amended and restated; and WHEREAS, in July 2018, a shoreline survey showed additional areas of the existing seawall and filled land are located makai of the shoreline and encroaching on state submerged lands; and WHEREAS, the survey also showed that portions of the steps that were included in the 1964 reclaimed land purchase are now located makai of shoreline and encroaching on state submerged lands as well; and WHEREAS, around October 2018, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands worked with Lynnette Mau to resolve the encroachments; and WHEREAS, the Office of Conservation and Coastal Lands indicated it had no objection to a non-exclusive easement to resolve the encroachments; and WHEREAS, at its meeting of February 8, 2019, under agenda item D-8, the Board of Land and Natural Resources approved a grant of a 25-year non-exclusive easement to resolve the existing seawall, steps, and filled land 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 encroaching area was determined to be 842 square feet, as reviewed and approved by the Department of Accounting and General Services' Survey Division; and WHEREAS, the grantee paid the State the fair market value of the 842 square feet non-exclusive easement area of $32,000, as determined by an independent appraisal; and WHEREAS, in May 2021, Lynnette Mau sold the property to Martin Wade Cornett and Annette Pauline Cornett; 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) 4-7-001:006, Kahaluu, Koolaupoko, Oahu, for the existing seawall, steps, and filled land, 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; Kahaluu, Koolaupoko, Oahu |
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