Executive Order 9861—Restoring Certain Land, and Granting an Easement in Certain Other Land, to the Territory of Hawaii

WHEREAS by Executive Order No. 3358 of November 24, 1920, two tracts of land on Sand and Quarantine Islands, Oahu, Hawaii, designated as Tract No. 1 and Tract No. , respectively, were set aside for military purposes; and

WHEREAS by Proclamation No. 22 of November 2, 1898, and by Proclamation No. 8 of November 10, 1899, certain lands in Honolulu, Territory of Hawaii, were reserved for naval purposes, portions of which land were by Executive Order No. 2323 of February 21, 1916, transferred and placed under the control of the War Department; and

WHEREAS certain other lands in Honolulu, Territory of Hawaii, were set aside for military purposes by Executive Order No. 2335 of March 6, 1916; and

WHEREAS all of the said lands now comprise a portion of the Fort Armstrong Military Reservation; and

WHEREAS it is deemed advisable and in the public interest that a part of such lands, hereinafter described, be restored to the Territory of Hawaii;

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, and the act of June 19, 1930, 46 Stat. 789, it is ordered as follows:

The following parcels of land comprising a part of the Fort Armstrong Military Reservation, Oahu, Territory of Hawaii, are hereby restored to their previous status for the use of the Territory of Hawaii for road purposes, subject to the terms and conditions hereinafter stated:

Beginning at the north corner of the parcel of land located on the present southwest side of Halekauwila Street, between Richards and Punchbowl Streets, Honolulu, Oahu, Territory of Hawaii, being also the present south corner of Halekauwila and Richards Streets, the true azimuth and distance from a survey street monument near the south corner of Halekauwila and Richards Streets, being 352°08'40", 25.99 feet; said survey street monument being set on an offset of 10.00 feet to the southwest side of Halekauwila Street and on an offset of 23.04 feet to the southeast side of Richards Street, and the coordinates of said survey street monument referred to Government Survey triangulation station "Punchbowl" being 2,446.43 feet south and 4,588.23 feet west, thence running by azimuths measured clockwise from true south:

1. 329°31' 642.50 feet along the present southwest side of Halekauwila Street;

2. 77°51'30" 92.79 feet along the present northwest side of Punchbowl Street;

3. 205°35' 19.27 feet along the perimeter of the land described as Tract 2 in Executive Order No. 2323 of February 21, 1916;

4. Thence along same on a curve to the left with a radius of 50.00 feet, the chord azimuth and distance being 177°33', 47.00 feet.

5. 149°31' 502.21 feet along the perimeter of the land described as Tract 2 in Executive Order No. 2323 of February 21, 1916;

6. Thence along same on a curve to the left with a radius of 50.00 feet, the chord azimuth and distance being 102°02'30", 73.70 feet;

7. 234°34' 104.71 feet along the present southeast side of Richards Street to the pint of beginning. Area 33,093 square feet.

Beginning at the north corner of the parcel of land located on the present southwest side of Halekauwila Street, between Alakea and Richards Streets, Honolulu, Oahu, Territory of Hawaii, being also the present south corner of Halekauwila and Alakea Streets, the true azimuth and distance from a survey street monument near the west corner of Halekauwila and Alakea Streets being 342°18'20:, 45.16 feet; said survey street monument being set on an offset of 10.00 feet to the southwest side of Halekauwila Street (running southeasterly) and on an offset of 44.05 feet to the southeast side of Alakea Street (running southwesterly) and the coordinates of said survey street monument referred to Government Survey triangulation station

"Punchbowl" being 2,184.60 feet south and 4,742.33 feet west, thence running by azimuths measured clockwise from true south:

1. 329°31' 219.00 feet along the present southwest side of Halekauwila Street;

2. 59°35' 100.06 feet along the present northwest side of Richards Street;

3. Thence on a curve to the left with a radius of 50.00 feet along the perimeter of the land described in Executive Order No. 2335 of March 6, 1916, the chord azimuth and distance being 194°33', 70.75 feet;

4. 149°31' 119.00 feet along the perimeter of the land described in Executive Order No. 2335 of March 6, 1916;

5. Thence along same on a curve to the left with a radius of 50.00 feet, the chord azimuth and distance being 104°33', 70.67 feet;

6. 239°35' 99.94 feet along the present southeast side of Alakea Street to the point of beginning. Area 12,025 square feet.

The aggregate area of the two parcels is 45,118 square feet or 1.036 acres, more or less.

For the purpose of utilizing the above-described parcels of land for road purposes, the Territory of Hawaii shall have the right t remove or destroy any buildings or other improvements or portions thereof located on the above lands: Provided, however, That the Territory of Hawaii shall bear all expenses in connection therewith; shall repair, in a manner satisfactory to the Commanding Officer of the Fort Armstrong Military Reservation any buildings or other improvements located on adjoining lands of the United States damaged in connection with such removal or destruction; and shall pay to the United States the value of any buildings or other improvements removed or destroyed to such an extent as to be no longer capable of repair or rehabilitation, such value to be determined by an impartial appraisal made at the time of removal or destruction.

The said Executive Orders No. 2323 and No. 2335 are modified accordingly.

HARRY S. TRUMAN

THE WHITE HOUSE,

May 31, 1947