STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES Land Division Honolulu, Hawaii 96813 June 12, 2020 Board of Land and Natural Resources State of Hawaii Honolulu, Hawaii PSF No.: 20OD-030 OAHU Grant of Perpetual, Non-Exclusive Easement to the City and County of Hono lulu for Maintenance of Erosion Control Improvement Purposes; Manoa , Honolulu, Oahu, Tax Map Key: (1) 2-9-026: portions of 014 and 043. APPLICANT: City and County of Honolulu ("City") LEGAL REFERENCE: Sections 171-55 and 95 , Hawaii Revised Statutes ("HRS"), as amended. LOCATION: Po11ion of Government lands situated at Manoa, Honolulu, Oahu, Tax Map Key: (1) 2-9- 026: portions of 014 and 043 , as shown on the maps attached as Exhibit Al and A2. AREA: Easement 1 1,605 square feet Easement 2 2,109 square feet TOTAL 3,714 square feet, more or less ZONING: State Land Use District: Urban City & County of Honolulu LUO: R-7.5, Residential TRUST LAND STATUS : Section 5(b) lands of the Hawaii Admission Act DHHL 30% entitlement lands pursuant to the Hawaii State Constitution: NO CURRENT USE STA TUS: Unencumbered. D-6
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STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES
Land Division Hono lulu, Hawaii 96813
June 12, 2020
Board of Land and Natural Resources State of Hawaii Honolulu, Hawaii
PSF No.: 20OD-030
OAHU
Grant of Perpetual, Non-Exclusive Easement to the City and County of Hono lulu for Maintenance of Erosion Control Improvement Purposes; Manoa, Honolulu , Oahu, Tax Map Key: (1) 2-9-026: portions of 014 and 043.
APPLICANT:
City and County of Honolulu ("City")
LEGAL REFERENCE:
Sections 171-55 and 95 , Hawaii Revised Statutes ("HRS"), as amended.
LOCATION:
Po11ion of Government lands situated at Manoa, Honolulu, Oahu, Tax Map Key : (1) 2-9-026: portions of 014 and 043 , as shown on the maps attached as Exhibit Al and A2.
AREA:
Easement 1 1,605 square feet Easement 2 2,109 square feet TOTAL 3,714 square feet , more or less
ZONING:
State Land Use District: Urban City & County of Honolulu LUO : R-7 .5, Residential
TRUST LAND STATUS :
Section 5(b) lands of the Hawaii Admission Act DHHL 30% entitlement lands pursuant to the Hawaii State Constitution : NO
CURRENT USE STA TUS:
Unencumbered.
D-6
BLNR - Issuance of Easement Page 2 June 12, 2020 to City
CHARACTER OF USE:
Right, privilege and authority to conduct, construct, use, maintain, repair, replace and remove erosion control improvement and associated structures over, under and across State-owned land.
COMMENCEMENT DA TE:
To be determined by the Chairperson.
CONSIDERATION:
Gratis
CHAPTER 343 - ENVIRONMENTAL ASSESSMENT:
In accordance with Hawaii Administrative Rules ("HAR") § 11-200.1-15 and the Exemption List for the Department of Land and Natural Resources reviewed and concurred on by the Environmental Council on March 3, 2020, the subject request is exempt from the preparation of an environmental assessment pursuant to Exemption Class No. 1, "Operations, repairs, or maintenance of existing structures, facilities , equipment, or topographical features , involving negligible or no expansion or change of use beyond that previously existing," Part I , item 40 that states, "creation or termination of easement, covenants , or other rights in structures or land." See Exhibit B.
DCCA VERIFICATION:
Not applicable . Government agency.
APPLICANT REQUIREMENTS: Applicant shall be required to:
I. Provide survey maps and descriptions according to State DAGS standards and at Applicant's own cost; and
2. Process and obtain designation of easement approval from the Department of Planning and Permitting at Applicant's own cost.
Note: Department of Land and Natural Resources, Engineering Division ("DLNR"), 1s working with its consu ltant on this project to meet the above-mentioned requirement.
REMARKS:
On May I 0, 2018 the Board, City and County of Honolulu , and the University of Hawaii signed a Triparty Agreement letter for the Manoa Stream Improvements at Woodlawn Drive Bridge Project ("Project"). The Project, with DLNR as the lead, calls for the removal of previously installed structures and installation of improvements to the stream on both
BLNR - Issuance of Easement Page 3 June 12, 2020 to City
sides of the Woodland Drive Bridge. A Memorandum of Agreement (Exhibit C) was also signed between DLNR and the City to document the latter's agreement to maintain the improvements. Notwithstanding the executed memorandum of agreement, staff believes an easement document with the City as grantee with all relevant terms and conditions with legal description is appropriate.
In response for comments from other Government agencies, the Board of Water Supply, the Department of Design and Construction, and the Department of Facilities Maintenance had no objection/comment to the request and concurs with the proposed EA exemption. The Division of Aquatic Resources, and the Office of Hawaiian Affairs have not responded to solicitation for comment before the response deadline.
RECOMMENDATION: That the Board:
1. Declare that, after considering the potential effects of the proposed disposition as provided by Chapter 343 , HRS, and Chapter 11-200.1-15 , HAR, this project will probably have minimal or no significant effect on the environment and is therefore exempt from the preparation of an environmental assessment.
2. Subject to the Applicant fulfilling all of the Applicant requirements listed above, authorize the issuance of a perpetual , non-exclusive easements to the City and County of Honolulu covering the subject area for erosion control purposes under the terms and conditions cited above, which are by this reference incorporated herein and further subject to the following:
A. The standard terms and conditions of the most current perpetual easement document form , as may be amended from time to time;
B. Review and approval by the Department of the Attorney General ; and
C. Such other terms and conditions as may be prescribed by the Chairperson to best serve the interests of the State. ·
Respectfully Submitted,
{) ,.A, I½~~ -
Darlene Bryant-Takamatsu Land Agent
APPROVED FOR SUBMITTAL:
.G-a_c."'4.o... g- Suzanne D . Case, Chairperson
BLNR - Issuance of Easement Page 4 June 12, 2020 to City
TMK (1) 2-9-026: Portions of 014 and 043
Exhibit Al
BLNR - Issuance of Easement Page 5 June 12, 2020 to City
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NON- EXCLUSIVE EROSION
CONTROL EASEMENTS 1 ANO 2 AT KANELOA AND HAMAMAKAWAHA,
MANOA VALLEY, HONOLULU, OAHU, HAWAII
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TMK (1) 2-9-026: Portions of 014 and 043
Exhibit A2
BLNR - Issuance of Easement Page 6 June 12, 2020 to City
EXEMPTION NOTIFICATION
Regarding the preparation of an environmental assessment pursuant to Chapter 343 , HRS and Chapter 11-200.1, Hawaii Administrative Rules.
Project Title:
Project I Reference No .:
Project Location:
Project Description:
Chap. 343 Trigger(s):
Exemption Class No. :
Cumulative Impact of Planned Successive Actions in Same Place Significant?
Action May Have Significant Impact on Particularly Sensitive Environment:
Consulted Parties
Analysis:
Grant of Perpetual , Non-Exclusive Easement to the City and County of Honolulu for Erosion Control Purposes
Perpetual , Non-Exclusive Easement to the City and County of Honolulu for Erosion Control Purposes .
Use of State Land
In accordance with Hawaii Administrative Rule Section 11-200.1-15 and the Exemption List for the Department of Land and Natural Resources reviewed and concurred by the Environmental Council on March 3, 2020, the subject request is exempt from the preparation of an environmental assessment pursuant to Exemption Class No. I , "Operations, repairs , or maintenance of existing structures, facilities , equipment, or topographical features , involving negligible or no expansion or change of use beyond that previously existing," Part 1, item 40 that states, "creation or termination of easement, covenants, or other rights in structures or land."
No. The area contains previously installed structures and 1s maintained as such.
No . Staff is not aware of any particularly sensitive env ironmental issues .
Agencies as noted in the submittal.
Based on the above mentioned, staff believes there would be no significant impact to sensitive environmental or ecological receptors.
Exhibit B
BLNR - Issuance of Easement Page 7 June 12, 2020 to City
Recommendation : That the Board find this project will probably have minimal or no significant effect on the environment and is presumed to be exempt from the preparation of an environmental assessment.