THE SENATE S.R. NO. 64 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII SENATE RESOLUTION authorizing the issuance of a perpetual, non-exclusive easement covering a portion of state submerged lands at waialae, honolulu, oahu, for the existing drainage outlets, and for THE use, repair, and maintenance of the existing improvements constructed thereon.
THE SENATE S.R. NO. 64
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
THE SENATE
S.R. NO.
64
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
SENATE RESOLUTION
authorizing the issuance of a perpetual, non-exclusive easement covering a portion of state submerged lands at waialae, honolulu, oahu, for the existing drainage outlets, and for THE use, repair, and maintenance of the existing improvements constructed thereon.
WHEREAS, when the Kahala Hotel and Resort was developed, three drainage outlets were also installed from the hotel property, identified as Tax Map Key: (1) 3-5-023: 039, and beneath a parcel owned by the State, identified as Tax Map Key: (1) 3-5-023: 41, which lies between the hotel property and the beach area and ocean; and WHEREAS, the construction of the Kahala Hotel and Resort pre-existed the Conservation District and Special Management Area laws that require authorization from the Legislature by Concurrent Resolution and the approval of the Governor for the lease of state submerged lands; and WHEREAS, over the years, the Kahala Hotel and Resort made improvements to the existing structures and obtained the required conservation use district permits for the drainage outlets; however, the Board of Land and Natural Resources did not grant any easements to Kahala Hotel and Resort for the drainage outlets; and WHEREAS, Resorttrust Hawaii, LLC, purchased the Kahala Hotel and Resort in 2018, and has been working diligently with the Department of Land and Natural Resources to determine the easement areas; and WHEREAS, on September 27, 2024, under agenda item D-7, the Board of Land and Natural Resources approved a grant of a perpetual, non-exclusive easement for drainage purposes; and WHEREAS, the total easement area was determined to be 12,700 square feet subject to review and approval by the Survey Division of the Department of Accounting and General Notes; and WHEREAS, before the execution of the non-exclusive easement, the grantee shall pay the State the fair market value of the non-exclusive easement as consideration for the use of state submerged lands to be determined by independent appraisal, subject to approval by the Chairperson of the Board of Land and Natural Resources; 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-third Legislature of the State of Hawaii, Regular Session of 2025, that the Board of Land and Natural Resources is hereby authorized to issue a perpetual, non-exclusive easement covering portions of and seaward of state submerged lands identified as Tax Map Key: (1) 3-5-023: 041, Waialae, Honolulu, Oahu, for the existing drainage outlets, and for the 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 Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources. OFFERED BY: _____________________________ Report Title: BLNR; Kahala Hotel and Resort; Drainage Outlets; Easement
WHEREAS, when the Kahala Hotel and Resort was developed, three drainage outlets were also installed from the hotel property, identified as Tax Map Key: (1) 3-5-023: 039, and beneath a parcel owned by the State, identified as Tax Map Key: (1) 3-5-023: 41, which lies between the hotel property and the beach area and ocean; and
WHEREAS, the construction of the Kahala Hotel and Resort pre-existed the Conservation District and Special Management Area laws that require authorization from the Legislature by Concurrent Resolution and the approval of the Governor for the lease of state submerged lands; and
WHEREAS, over the years, the Kahala Hotel and Resort made improvements to the existing structures and obtained the required conservation use district permits for the drainage outlets; however, the Board of Land and Natural Resources did not grant any easements to Kahala Hotel and Resort for the drainage outlets; and
WHEREAS, Resorttrust Hawaii, LLC, purchased the Kahala Hotel and Resort in 2018, and has been working diligently with the Department of Land and Natural Resources to determine the easement areas; and
WHEREAS, on September 27, 2024, under agenda item D-7, the Board of Land and Natural Resources approved a grant of a perpetual, non-exclusive easement for drainage purposes; and
WHEREAS, the total easement area was determined to be 12,700 square feet subject to review and approval by the Survey Division of the Department of Accounting and General Notes; and
WHEREAS, before the execution of the non-exclusive easement, the grantee shall pay the State the fair market value of the non-exclusive easement as consideration for the use of state submerged lands to be determined by independent appraisal, subject to approval by the Chairperson of the Board of Land and Natural Resources; 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-third Legislature of the State of Hawaii, Regular Session of 2025, that the Board of Land and Natural Resources is hereby authorized to issue a perpetual, non-exclusive easement covering portions of and seaward of state submerged lands identified as Tax Map Key: (1) 3-5-023: 041, Waialae, Honolulu, Oahu, for the existing drainage outlets, and for the 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 Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.
OFFERED BY: _____________________________
OFFERED BY:
_____________________________
Report Title:
BLNR; Kahala Hotel and Resort; Drainage Outlets; Easement