Executive Order 10419—Restoring the Posssession, Use, and Control of Certain Land to the Territory of Hawaii and Transferring Title to Such Land to the Territory

WHEREAS a certain tract of land at Kaakaukukui, Honolulu, 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 naval purposes by a proclamation of the President dated November 10, 1899, and subsequently by letter of January 8, 1904, was transferred by the Navy Department to the Treasury Department for the purpose of establishing an immigration station, which immigration and jurisdiction of the Attorney General Immigration and Naturalization Service); and

WHEREAS the said tract, more particularly described in Part I of this order, is needed by the Territory of Hawaii for a harbor-improvement project; and

WHEREAS it is deemed desirable and in the public interest that the possession, use, and control of the said tract be restored to the Territory of Hawaii and the title thereto 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:

PART I

Upon the fulfillment of the conditions precedent specified in Part II of this order and the certification thereof by the Co9mmissioner of Immigration and Naturalization as provided in such part, and without further act, the possession, use, and control of the following-described tract of land at Honolulu, Oahu, Territory of Hawaii, shall be restored to the Territory of Hawaii, and title to such tract shall be transferred to the said Territory:

Beginning at the east corner of this parcel of land, the west side of Lot 1, File Plan No. 10, and the east side of the U.S. Immigration Station Lot, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Punchbowl" being 4,142.82 feet South and 5,110.06 feet West and running by azimuths measured clock-wise from True South:

1. 84° 25´ 3.67 feet across the U.S. Immigration Station Lot;

2. Thence across same on a curve to the left with a radius of 262.22 feet, the azimuth and distance being 61° 36´ 45" 203.26 feet;

3. 38° 48´ 30" 201.62 feet across same;

4. 129° 00´ 109.16 feet along the remainder of Tract No. 1 of Presidential Executive Order 5487 and along the east side of Governor's Executive Order 864 to the southeast side of Channel Street;

5. 219° 00´ 436.67 feet along the southeast side of Channel Street

6. 322° 20´ 194.51 feet along Channel Street and along the west side of Lot 1, File Plan No. 10, to the point of beginning.

Area: 1.18 acres.

PART II

1. The Territory of Hawaii, by Executive order of its governor acting pursuant to section 73 (q) of said act of April 30, 1900, as amended by the act of August 21, 1941, 55 Stat. 658, shall set aside for the use of the United States of America, as an addition to the existing immigration station under the jurisdiction and control of the Attorney General(Immigration and Naturalization Service), the following-described tract of land at Honolulu, Oahu, Territory of Hawaii:

Beginning at the west corner of this parcel of land, the northeast side of the U.S. Immigration Station Lot, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Punchbowl" being 4,142.82 feet South and 5,110.06 feet West and running by azimuths measured clockwise from True South:

1. 264° 25´ 242.00 feet across lot 1, File Plan No. 10;

2. 309° 25´ 56.57 feet across same to the west side of Ala Moana;

3. 354° 25´ 224.94 feet along the west side of Ala Moana;

4. 87° 20´ 119.90 feet along the east side of the U.S. Immigration Station Lot;

5. 142° 20´ 305.49 feet along same to the point of beginning.

Area 1.18 acres.

2. The Territory of Hawaii shall remove to the land described in paragraph 1 of this part (hereinafter called the new site) or to such other adjacent land presently under the control and jurisdiction of the Immigration and Naturalization Service as the Commissioner of Immigration and Naturalization Service as the Commissioner of Immigration and Naturalization (hereinafter called the Commissioner) shall determine or, if such removal is not practicable, shall reconstruct thereon, the following-described structures now situate on the land described in Part I hereof (hereinafter called the old site): (a) the gardener's cottage used as a residence by the building custodian of the Immigration and Naturalization Service, and (b) the frame and galvanized-iron storage shed and workshop. All work contemplated hereunder on the gardener's cottage shall, in the event that the custodian during the period of removal or reconstruction shall be impracticable, be completed within ten days of the commencement thereof or within such additional time as the Commissioner may allow. Material salvaged during the course of such work may be used in reconstruction hereunder. All equipment, such as light fixtures, lock, plumbing, and conduiting that is immovable or is damaged beyond repair shall be replaced with standard equipment, but the Territory shall not be required to furnish any operating equipment, appliances, or furniture.

3. The Territory of Hawaii shall clean up and grade the new site and fill it with good soil.

4. The Territory of Hawaii shall remove the existing stuccoed tile block and ornamental iron fence situate on the old site and shall reconstruct it, together will all required additions thereto, along the new boundary line of the Immigration and Naturalization Service delineated by Courses 1, 2, and 3 of the old site. The Territory of Hawaii shall also construct a stuccoed tile or concrete block fence of suitable height along the boundary line delineated by Courses 1 and 1 of the new site. It shall also construct at a point to be determined by the Commissioner a suitable entrance way through the existing concrete block fence running along the line delineated by Course 5 of the new site.

5. Detailed plans and specifications for all construction and work hereunder shall be prepared by the Territory and shall receive the approval of the Commissioner before the start of work thereon. All plans and specifications shall, as nearly as practicable, be in accordance with the original plans and specifications of the improvements being replaced. All expenses incurred under the foregoing paragraphs, including the cost of preparation of plans and specifications, shall be borne by the Territory of Hawaii.

6. The Territory of Hawaii shall commence the work required hereunder within twelve months and shall complete it within thirty months from the date of this order.

7. The Territory of Hawaii shall have right-of-entry on the old site for the purpose of completing the work contemplated hereunder; and the Commissioner, prior to the fulfillment of all conditions specified in this part, may grant the Territory of Hawaii a right-of entry for work on its harbor-improvement project.

8. At the request of the Territory of Hawaii the Commissioner, prior to final acceptance by the Territory of any time of work which has been performed under a contract between the Territory and any contractor, shall inform the Territory as to whether he concurs in such final acceptance. Such concurrence by the Commissioner shall signify that the Territory has satisfactorily completed such item of work.

9. When the Territory of Hawaii has satisfactorily completed all work contemplated hereunder in a first-class and workmanlike manner and has fulfilled all conditions precedent set forth in this part, the Commissioner shall so certify to the Territory.

10. In order that the fulfillment of the conditions specified in this part and the obtaining of certification thereof may not be impeded, the Commissioner shall designate a local representative who shall be empowered to act for the Commissioner with respect to all matters arising under paragraphs 2 to 9, inclusive, of this part.

PART III

The Executive order of the Governor of the Territory of Hawaii issued pursuant to paragraph 1 of Part II hereof shall not be amended, modified, or revoked without the approval of the President of the United States of America.

HARRY S. TRUMAN

THE WHITE HOUSE,

December 11, 1952