Volume 69 · 428
Public Law 84–199
Authorizing the Territory of Hawaii, through its duly designated officers and boards, to negotiate a compromise agreement, exchange with, sell or lease to the owners of certain shorelands, certain tidelands, both in the Territory of Hawaii, and to make covenants with such owners, in settlement of certain damage claims and for a conveyance of littoral rights.
Approved August 1, 1955
Statutory text
AN ACT
Authorizing the Territory of Hawaii, through its duly designated officers and boards, to negotiate a compromise agreement, exchange with, sell or lease to the owners of certain shorelands, certain tidelands, both in the Territory of Hawaii, and to make covenants with such owners, in settlement of certain damage claims and for a conveyance of littoral rights.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Commissioner of Public Lands of the Territory of Hawaii, with the concurrence of the Board of Harbor Commissioners and the approval of two-thirds of the Board of Public Lands and of the Governor of the Territory of Hawaii, is hereby authorized and empowered, any provision of the Hawaiian Organic Act or any other law to the contrary notwithstanding, to enter into a compromise agreement with the owners of certain shorelands in
the Territory of Hawaii covered by land court applications numbered 314, 1549, 1653, and 852 and 1092 (land court consolidation 32), and with any other owner or owners of lands abutting any part of the tidelands described in section 2 hereof, involving the conveyance by the Territory to said owners, or some of them, of all or any part of the tidelands described in section 2 of this Act, or to make a sale of all or any part of said lands described in section 2, to said owners, or some of them, or to exchange all or a part, of said lands described in section 2, with said owners, or some of them, provided that said owners, who may have littoral rights appurtenant to said shorelands, affecting the tidelands described in section 2, convey to the Territory such littoral rights, agree to the construction of a public beach and groin along the seaward side of the lands described in section 2 of this Act, and release all claims for compensation, damages or otherwise which they have or might have against the Territory of Hawaii by reason of acts or omissions of the Territory, or for which the Territory is claimed to be responsible, done or omitted in connection with the development of the shoreline, yacht, harbor and beaches in and adjoining said area. The Commissioner of Public Lands, with the concurrence of the Board of Harbor Commissioners, is hereby authorized and empowered, any provision of the Hawaiian Organic Act or any other law to the contrary notwithstanding, to lease for a period of fifty-five years all or any part of said lands described in section 2, to said owners, or some of them.
Sec. 2.
The tidelands authorized to be conveyed or leased by the Commissioner of Public Lands by this Act are described as follows: Land at Waikiki, Honolulu, Oahu, Territory of Hawaii: Being a portion of area transferred to the Territory of Hawaii by Presidential Proclamation Numbered 1856, dated October 27, 1928. Situated off Kalia, Waikiki, Honolulu, Oahu, Territory of Hawaii.
Beginning at an ↗ cut in face of seawall on the easterly boundary of this parcel of land, being also the west corner of land court application 1653, the coordinates of said point of beginning referred to Government survey triangulation station “PUNCHBOWL” being 10,981.46 feet south and 3,555.61 feet east and running by azimuths measured clockwise from true south:
Along face of seawall, along high water mark of land court application 1653 for the next three courses, the direct azimuths and distances between points along said face of seawall being:
1.
310 degrees, 12 minutes, 46.20 feet to an ↗ cut in face of seawall;
2.
297 degrees, 18 minutes, 23.90 feet to a † cut in face of seawall;
3.
296 degrees, 10 minutes, 24.62 feet to a ♀ cut in face of seawall;
Thence along face of seawall along high-water mark of hind court applications 624 and 264 for the next eleven courses, the direct azimuths and distances between points along said face of seawall being—4. 296 degrees, 06 minutes, 27.85 feet to an ↗ cut in face of seawall;
5.
293 degrees, 08 minutes, 22.85 feet to a + cut in face of seawall;
6.
298 degrees, 14 minutes, 44.75 feet to a spike in face of seawall;
7.
248 degrees, 12 minutes, 0.97 foot to an ↗ cut in top edge of seawall;
8.
269 degrees, 48 minutes, 55.85 feet to an ↗ cut in top edge of seawall;
9.
270 degrees, 42 minutes, 37.45 feet to an ↗ cut in top edge of seawall;
10.
274 degrees, 46 minutes, 16.35 feet to an ↗ cut in top edge of seawall I;
11.
277 degrees, 33 minutes, 16.65 feet to an ↗ cut in top edge of seawall
12.
281 degrees, 22 minutes, 32.66 feet to an ↗ cut in top edge of seawall;
13.
282 degrees, 58 minutes, 32 feet to a pipe;
14.
234 degrees, 59 minutes, 0.27 foot; thence
15.
319 degrees, 19 minutes, 154.69 feet to a † cut in concrete tile walk;
16.
239 degrees, 30 minutes, 36.95 feet;
17.
329 degrees, 30 minutes, 34.37 feet along end of Dewey Way, the true azimuth and distance from U. S. M. R. Monument 32 being: 58 degrees, 03 minutes, 82.92 feet;
18.
58 degrees, 03 minutes, 90.96 feet along United States Military Reservation (Fort DeRussy) and passing over U. S. M. R. Monument 31 at 30.93 feet;
19.
139 degrees, 19 minutes, 157.27 feet;
20.
96 degrees, 18 minutes, 45 seconds, 190.64 feet;
21.
120 degrees, 05 minutes, 25 seconds, 208.60 feet;
22.
149 degrees, 25 minutes, 115 feet;
23.
157 degrees, 41 minutes, 29 seconds, 427.19 feet;
24.
239 degrees, 58 minutes, 406 feet to the west corner of land court application 1549;
Thence along highwater mark of land court application 1549 for the next five courses, the direct azimuths and distances between points along said highwater mark being—
25.
320 degrees, 22 minutes, 18.48 feet;
26.
291 degrees, 45 minutes, 15.75 feet;
27.
297 degrees, 01 mi mite, 22.75 feet;
28.
318 degrees, 42 minutes, 32.70 feet;
29.
326 degrees, 46 minutes, 15.03 feet;
Thence along highwater mark of land court application 314 for the next four courses, the direct azimuths and distances between points along said highwater mark being:
30.
325 degrees, 00 minutes, 35 feet;
31.
334 degrees, 10 minutes, 125 feet;
32.
336 degrees, 15 minutes, 189 feet;
33.
334 degrees, 00 minutes, 93.42 feet to a † cut in top of stonewall;
34.
61 degrees, 39 minutes, 60 feet along land court application 1653 to a 2½-inch pipe in concrete;
35.
61 degrees, 46 minutes, 67.74 feet along land court application 1653 to a spike in face of seawall;
36.
61 degrees, 56 minutes, 273.88 feet along face of seawall along highwater mark of land court application 1653 to the point of beginning and containing an area of 6.39 acres.
Sec. 3.
The Commissioner of Public Lands, with the concurrence
Public beach and groin.
of the Board of Harbor Commissioners and the approval of two-thirds of the Board of Public Lands and of the Governor is also authorized and empowered in the making of any such compromise agreement, exchange, sale or lease to covenant with such owners to create and maintain a public beach and groin on the seaward side of the lands described in section 2 of this Act, so long as and to the extent that appropriations are and may from time to time be available therefor, and to permit access to and from said beach across courses nineteen to twenty-three inclusive of the land described in section 2 of this Act.
Sec. 4.
This Act shall take effect upon its approval.
Effective date.
Approved August 1, 1955.