STAND. COM. REP. NO. 1696

Honolulu, Hawaii

RE:    H.C.R. No. 73

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred H.C.R. No. 73, S.D. 1, entitled:

"HOUSE CONCURRENT RESOLUTION AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT LAHAINA, MAUI FOR SEAWALL ENCROACHMENT PURPOSES AND AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT FOR THE RIGHT, PRIVILEGE, AND AUTHORITY TO USE, MAINTAIN, REPAIR, AND REPLACE AN EXISTING SEAWALL OVER, UNDER, AND ACROSS STATE-OWNED LAND IN LAHAINA, MAUI,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize two term, non-exclusive easements on state submerged lands.

More specifically, the measure:

     (1)  Authorizes the issuance of a term, non-exclusive easement to Paul D. Gossman, as trustee of the Paul D. Gossman Residence Trust, over a portion of state-owned land located in Lahaina, Maui, identified as tax map key number (2)4-5-003, seaward of parcel 026 (first subject property), for seawall encroachment purposes, according to the terms and conditions approved by the Board of Land and Natural Resources on August 9, 2013; and

     (2)  Authorizes the issuance of a term, non-exclusive easement to the Association of Apartment Owners of Lahaina Roads over, under, and across state-owned land in Lahaina, Maui, identified as tax map key number (2)4-5-013, seaward of parcel 027, an area of approximately 2,352 square feet (second subject property), for the right, privilege, and authority to use, maintain, repair, and replace an existing seawall, according to the terms and conditions approved by the Board of Land and Natural Resources on July 27, 2012.

     Your Committee finds that section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution for these dispositions of state submerged lands.

     Your Committee also finds that on August 9, 2013, under agenda item D-10, the Board of Land and Natural Resources approved the request of Paul D. Gossman, as trustee of the Paul D. Gossman Residence Trust, for a term, non‑exclusive easement over the first subject property for seawall encroachment purposes.  The easement term is for fifty-five years in consideration for a one-time payment to be determined by independent appraisal establishing a fair market rent, subject to review and approval by the Chairperson of the Board of Land and Natural Resources.

     Your Committee further finds that on July 27, 2012, under agenda item D-3, the Board of Land and Natural Resources approved the request of the Association of Apartment Owners of Lahaina Roads for a term, non-exclusive easement over the second subject property for the right, privilege, and authority to use, maintain, repair, and replace an existing seawall.

     Your Committee notes that the authorizations under this measure are subject to confirmation by survey of the Department of Accounting and General Services.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 73, S.D. 1, and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

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JILL N. TOKUDA, Chair