Executive Order 10404—Resorting Certain Land Reserved for Military Purposes to the Territory of Hawaii and Transfering Title to Such Land and to Certain Other Lands to the Territory

WHEREAS certain land on the Island of Oahu, Territory of Hawaii, which forms a part of the public lands ceded and transferred to the United States by the Republic of Hawaii under the joint resolution of annexation of July 7, 1898, 30 Stat. 750, was reserved for military purposes as the Fort Shafter Military Reservation, as described by Executive Order No. 2521 of January 26, 1917; and

WHEREAS certain parcels of the said land were restored to the Territory of Hawaii by Executive Order No. 5521 of December 26, 1930, for use in the proposed extension of a certain public highway; and

WHEREAS the realignment and widening of such public highway requires the restoration to the Territory of Hawaii of an additional parcel of such land, more particularly described hereinafter; and

WHEREAS it is deemed desirable and in the public interest that the possession, use, and control of the said additional parcel be restored to the Territory of Hawaii, and that title thereto and to the three parcels of land described in the said Executive Order No. 5521 as Parcel 1, Parcel 2, and Parcel 4-B, respectively, be transferred to the said Territory:

NOW, THEREFORE, by virtue of the authority vested in me by section 91 of the act of April 30, 1900, 31 Stat. 159, as amended by section 7 of the act of May 27, 1910, 36 Stat. 447, it is ordered as follows:

1. The possession, use, and control of the following-described tract of land comprising a portion of the Fort Shafter Military Reservation, Honolulu, Oahu, Territory of Hawaii, is hereby restored to the Territory of Hawaii, and title to such tract is hereby transferred to the said Territory:

Beginning at the Northeast corner of this piece of land, and the South corner of Parcel 128, the same being also the South corner of Lot2-C, Map 2 of Land Court Application 748, and the initial point of Parcel 2 described in Executive Order No. 5521 of December 26, 1930, and on the present North-west side of Middle Street, thence running by azimuths measured clockwise from True South:

1. 48° 42´ 550.49 feet along the present Northwest side of Middle Street; along Parcel 2 of Executive Order NO. 5521; Thence along the seaward toe of the Weli Fish Pond wall (recently covered with dredged material) along land owned by the Territory of Hawaii, for the nest three (3) courses, the direct azimuths and distances between points on said seaward toe of Weli Fish Pond wall being:

2. 77° 20´ 24.53 feet;

3. 102° 40´ 50.00 feet;

4. 115° 40´ 50.00 feet;

5. Thence on a curve to the left with a radius of 578.38 feet, along the remainder of the effort Shafter Military Reservation, the chord azimuth an distance being: 241° 39´ 40" 259.45 feet;

6. 228° 42´ 362.00 feet along the remainder of the Fort Shafter Military Reservation;

7. 356° 15´ 33.99 feet along parcel 128, along Lot 2-C, Map 2 of Land Court Application 748;

8. 19° 15´ 26.56 feet along same, to the point of beginning and containing an AREA OF 26,162 SQUARE FEET or 0.061 ACRE.

2. Title to the three parcels of land described in Executive Order No. 5521 of December 26, 1930, as Parcel 1, Parcel 2, and Parcel 4-B, respectively, is hereby transferred to the Territory of Hawaii.

HARRY S. TRUMAN

THE WHITE HOUSE,

November 5, 1952