Hawaii 2024 Regular Session

Hawaii Senate Bill SCR11 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.C.R. NO. 11 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII SENATE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT HAUULA, KOOLAULOA, OAHU, FOR THE EXISTING RIPRAP REVETMENT, RAMP, AND ROCK GROIN, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.
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3	3	THE SENATE S.C.R. NO. 11
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.C.R. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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29	29	SENATE CONCURRENT
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31	31	RESOLUTION
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37	37	AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT HAUULA, KOOLAULOA, OAHU, FOR THE EXISTING RIPRAP REVETMENT, RAMP, AND ROCK GROIN, AND FOR USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON.
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43	43	WHEREAS, portions of the existing riprap revetment, ramp, and rock groin seaward of the property identified as Tax Map Key: (1) 5-3-008:012, Hauula, Koolauloa, Oahu (subject property), were placed on state submerged lands; and WHEREAS, the riprap revetment and rock groin were first placed along several adjacent properties, known as the Kaluanui Beach Lots, in 1947; and WHEREAS, in October 1961, the riprap revetment wall and rock groins were repaired and improved by a contractor engaged by Bishop Estate, the then-owner of the Kaluanui Beach Lots; and WHEREAS, in 1983 and 1984, during the process of shoreline certification, it was discovered that the riprap revetment, ramp, and rock groin were encroachments on state submerged land and there was an attempt to resolve the encroachments with the then-owner of the abutting residential parcel, however, there is no record of any issuance of a land disposition or removal of the encroachments; and WHEREAS, in 2017, Steven Ernest MacBride and Valerie Jean MacBride purchased the residential subject property, which abuts the portion of state submerged land that contains the encroaching riprap revetment, ramp, and rock groin; and WHEREAS, around November 2018, title to the residential subject property, which abuts the encroaching riprap revetment, ramp, and rock groin was conveyed to Steven Ernest MacBride and Valerie Jean MacBride, as Trustees under that certain unrecorded Steven and Valerie MacBride Revocable Trust dated October 30, 2018; and WHEREAS, the riprap revetment, ramp, and rock groin was constructed seaward of the private property record boundary without prior authorization, and a portion of the riprap revetment, ramp, and rock groin previously located on private property but is now seaward of the current shoreline on state submerged lands; and WHEREAS, around April 2022, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands worked with Steven Ernest MacBride and Valerie Jean MacBride, as Trustees under that certain unrecorded Steven and Valerie MacBride Revocable Trust dated October 30, 2018, to resolve the encroachments; and WHEREAS, the Office of Conservation and Coastal Lands indicated that it supported a non-exclusive easement to resolve the encroachments; and WHEREAS, at its meeting of August 26, 2022, under agenda item D-5, the Board of Land and Natural Resources approved a grant of a 25-year non-exclusive easement to resolve the riprap revetment, ramp, and rock groin 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 encroachment area was determined to be 2,297 square feet, more or less, as reviewed and approved by the Department of Accounting and General Services' Survey Division; and WHEREAS, on October 14, 2022, Steven Ernest MacBride and Valerie Jean MacBride, as Trustees under that certain unrecorded Steven and Valerie MacBride Revocable Trust dated October 30, 2018, executed a removal bond in the amount of $79,860 with SureTec Insurance Company as surety and the State of Hawaii as oblige, to insure the State against the cost of removing the encroachments in the event that the Legislature and the Governor do not approve the issuance of the easement approved by the Board of Land and Natural Resources; and WHEREAS, the Board of Land and Natural Resources executed Revocable Permit No. S-7945 on January 17, 2023, granting Steven Ernest MacBride and Valerie Jean MacBride the right to enter and occupy the subject parcel of state submerged land, subject to terms including the payment of $306 monthly rental amount; and WHEREAS, the grantee shall pay the State the fair market value of the non-exclusive easement as consideration of the use of 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 Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, 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 seaward of the subject property, Hauula, Koolauloa, Oahu, for the existing riprap revetment, ramp, and rock groin, 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 certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources and the Governor. OFFERED BY: _____________________________ BY REQUEST Report Title: BLNR; Term, Non-Exclusive Easement; Lease State Submerged Lands
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45	45	WHEREAS, portions of the existing riprap revetment, ramp, and rock groin seaward of the property identified as Tax Map Key: (1) 5-3-008:012, Hauula, Koolauloa, Oahu (subject property), were placed on state submerged lands; and
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49	49	WHEREAS, the riprap revetment and rock groin were first placed along several adjacent properties, known as the Kaluanui Beach Lots, in 1947; and
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53	53	WHEREAS, in October 1961, the riprap revetment wall and rock groins were repaired and improved by a contractor engaged by Bishop Estate, the then-owner of the Kaluanui Beach Lots; and
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57	57	WHEREAS, in 1983 and 1984, during the process of shoreline certification, it was discovered that the riprap revetment, ramp, and rock groin were encroachments on state submerged land and there was an attempt to resolve the encroachments with the then-owner of the abutting residential parcel, however, there is no record of any issuance of a land disposition or removal of the encroachments; and
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61	61	WHEREAS, in 2017, Steven Ernest MacBride and Valerie Jean MacBride purchased the residential subject property, which abuts the portion of state submerged land that contains the encroaching riprap revetment, ramp, and rock groin; and
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65	65	WHEREAS, around November 2018, title to the residential subject property, which abuts the encroaching riprap revetment, ramp, and rock groin was conveyed to Steven Ernest MacBride and Valerie Jean MacBride, as Trustees under that certain unrecorded Steven and Valerie MacBride Revocable Trust dated October 30, 2018; and
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69	69	WHEREAS, the riprap revetment, ramp, and rock groin was constructed seaward of the private property record boundary without prior authorization, and a portion of the riprap revetment, ramp, and rock groin previously located on private property but is now seaward of the current shoreline on state submerged lands; and
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73	73	WHEREAS, around April 2022, the Department of Land and Natural Resources' Office of Conservation and Coastal Lands worked with Steven Ernest MacBride and Valerie Jean MacBride, as Trustees under that certain unrecorded Steven and Valerie MacBride Revocable Trust dated October 30, 2018, to resolve the encroachments; and
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77	77	WHEREAS, the Office of Conservation and Coastal Lands indicated that it supported a non-exclusive easement to resolve the encroachments; and
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81	81	WHEREAS, at its meeting of August 26, 2022, under agenda item D-5, the Board of Land and Natural Resources approved a grant of a 25-year non-exclusive easement to resolve the riprap revetment, ramp, and rock groin encroachments, and such non-exclusive easement shall run with the land and shall inure to the benefit of the abutting real property; and
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85	85	WHEREAS, the total encroachment area was determined to be 2,297 square feet, more or less, as reviewed and approved by the Department of Accounting and General Services' Survey Division; and
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89	89	WHEREAS, on October 14, 2022, Steven Ernest MacBride and Valerie Jean MacBride, as Trustees under that certain unrecorded Steven and Valerie MacBride Revocable Trust dated October 30, 2018, executed a removal bond in the amount of $79,860 with SureTec Insurance Company as surety and the State of Hawaii as oblige, to insure the State against the cost of removing the encroachments in the event that the Legislature and the Governor do not approve the issuance of the easement approved by the Board of Land and Natural Resources; and
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93	93	WHEREAS, the Board of Land and Natural Resources executed Revocable Permit No. S-7945 on January 17, 2023, granting Steven Ernest MacBride and Valerie Jean MacBride the right to enter and occupy the subject parcel of state submerged land, subject to terms including the payment of $306 monthly rental amount; and
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97	97	WHEREAS, the grantee shall pay the State the fair market value of the non-exclusive easement as consideration of the use of public lands, to be determined by an independent appraisal; and
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101	101	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,
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105	105	BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, 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 seaward of the subject property, Hauula, Koolauloa, Oahu, for the existing riprap revetment, ramp, and rock groin, and for use, repair, and maintenance of the existing improvements constructed thereon pursuant to section 171-53, Hawaii Revised Statutes; and
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109	109	BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources and the Governor.
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117	117	OFFERED BY: _____________________________
118	118	BY REQUEST
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122	122	OFFERED BY:
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124	124	_____________________________
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130	130	BY REQUEST
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138	138	Report Title:
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140	140	BLNR; Term, Non-Exclusive Easement; Lease State Submerged Lands