Waihona Aina

No. S-8597, Lunalilo, Wm. C., Kaapahu Ahupuaa, District of Hana [Kipahulu], Island of Maui, [Volume 37], pps [1-4] [Xerox from Department of Land and Natural Resources]

State of Hawaii

Land Patent No. S-8597 Issued In Confirmation of Land Commission Award

Whereas, the Board of Commissioners to quiet Land Titles, did, by its decision, award by Land Commission Award No. 8559-B, Apana 19 to Wm. C. Lunalilo, an estate in Fee Simple in the land hereafter described, and

Whereas, application has been made to the Board of Land and Natural Resources by J. Kaupo Ranch Limited, a Hawaii corporation, whose business address is Hana, Maui, Hawaii 96713, claiming to be the present owner of said land for a Patent covering same, and

Whereas, the award was made by name only as found on page 481 of Volume 10 of Land Commission Awards on file in the office of the Department of Land and Natural Resources, and

Whereas, Boundary Certificate No. 15, filed in Volume 1 - Maui, pages 55-56 at the Department of Land and Natural Resources discloses the Notes of Survey of the Ahupuaa of Kaapahu as containing an area of 1,480 acres, more or less, and

Whereas, there is no government commutation due thereon.

Now, Therefore, the State of Hawaii, in conformity with the laws of the State of Hawaii, by this Patent makes known to all men that it has this day granted and confirmed absolutely, in Fee Simple, unto Wm. C. Lunalilo, all the land situate at Kipahulu [Kaapahu], in the District of Hana [Kipahulu], Island of Maui, State of Hawaii, bounded and described as follows:

Being the Ahupuaa of Kaapahu, situate at Kipahulu, Hana, Island of Maui, Hawaii, being more particularly described in Exhibit "A" attached hereto and made a part hereof. Siad Award was made by the Land Commission on June 19, 1852, and is found on page 481 of Volume 10 of the Land Commission Awards on file in the Department of Land and Natural Resources. No metes and bounds description is contained therein, however, Boundary certificate No. 15, filed in Volume 1 - Maui, pages 55-56 at the Department of Land and Natural Resources discloses the Notes of Survey of the Ahupuaa of Kaapahu as containing an area of 1,480 acres, more or less. Said Boundary Certificate and Notes of Survey are more particularly described in Exhibit "B", attached hereto and made a part hereof.

Reserving to the State of Hawaii, Its successors and assigns, the following:

[Page 2]

(1) All minerals as hereinafter defined, in, on or under the land and the right, on its own behalf or through persons authorized by it, to prospect for, mine and remove such minerals and to occupy and use so much of the surface of the ground as may be required for all purposes reasonably extending to the mining and removal of such minerals by any means whatsoever, including strip mining. "Minerals" as used herein, shall mean any and or all oil, gas, coal, phosphate, sodium, sulfur, iron, titanium, gold, silver, bauxite clay, diaspore, boehmite, laterite, gibbsite, alumina, all" ores of aluminum and, without limitation thereon, all other mineral substances and ore deposits, whether solid, gaseous or liquid, including all geothermal resources, in, on or under the land, fast or submerged; provided, that "minerals" shall not include sand, gravel, rock or other material suitable for use and when used in general construction in furtherance of the Patentee"s permitted activities on the land and not for sale to others.

(2) All surface and ground waters appurtenant to the said land and the right on its own behalf or through persons authorized by it, to capture, divert or impound the same and to occupy and use so much of said land as may be required in the exercise of this right reserved.

(3) All prehistoric and historic remains found in, on or under said land.

Provided, however, that as a condition precedent to the exercise of the rights reserved in Paragraphs 1 and 2, just compensation shall be paid to the Grantee for any of Grantee"s improvements taken.

The use of the subject area, whether in combination, consolidation, or otherwise with other lands shall be in accordance with the appropriate zoning and subdivision ordinances of the County of Maui.

The Patentee, its successors and assigns, covenants that the use and enjoyment of the land herein granted shall not be in support of any policy which discriminates against anyone based upon race, creed, color, sex, national origin or a physical handicap.

[Page 3]

To Have and to Hold the above granted land unto the said Wm. C. Lunalilo and to the heirs and assigns of the said Wm. C. Lunalilo forever; subject, however, to the reservations above set forth.

In Witness Whereof, The State of Hawaii, by its Board of Land and Natural Resources,has caused the seal of the Department of Land and Natural Resources to be hereunto affixed and this Patent to be duly executed this 18th day of September, 1984.

State of Hawaii
Board of Land and Natural Resources

By S. Ono, Chairman and Member
By J. Douglas Ing, Member

Approved by the Board of Land and Natural Resources at its meeting held on August 12, 1983
J.

Approved as to Form
Edwin C. Watson, Deputy Attorney General
Dated: August 10, 1984

Written by: [left blank]

[Vol. 10, page 481]

Exhibit "A"

Helu 8559B, Wm. C. Lunalilo,
Apana 19

Ua koe mau oia no kona Ahupuaa, Kaapahu ma Kipahulu, ma ka Mokupuni o Maui; no ka mea ua loaa ia ia keia aina no ka Moi Kamehameha III mai i ka Mahele aina ana i ka M.H. 1848, a ua noho keakea ole ia a hiki i keia manawa.

Oia ka makou e hooko nei no Wm. C. Lunalilo, ko kuelana hoi kona malalo iho o ke Ano Alodio, I na[?] keokeo noni oiao i ko ke Aupuni hapa alaila ua kupono iaio ka Palapala Sila Alodio Kou, koe ane iaiao na kuleana o na Kanaka maloko.

Pono nae iaia ke uku no ka hookolokolo a me ka hooholo ana i ka olelo, Penei

No ka rumi a me ka pai ana i ka olelo ma ka Nupepa
No ke kope ana e ke olelo koina
No ka hana ana i ka la
No ka palapala kii
No ke kope ana i na olelo a no hoike
No ka ana ana i ka la
No ke kope ana
No ka hooholo ana i ka olelo i ka la 26 Mei 1854

$5

Ua hooko aku ma kou i keia kuleana mamuli o na olelo o na Kanawai i hooholoia ma ka la [19?] o June M.H. 1852 e pili ana i na Konohiki.

W.L. Lee, G.M. Robertson, J. Kekaulahao, J.H. Smith

[Following page]
[BC #15, Maui, Vol. 1, 55-56]

Keena Kiaaina o Maui, Lahaina Novemaba 6th, 1873

No ke Ahupuaa o Kaapahu ma Kipahulu, Mokupuni o Maui, ko Hawaii Pae Aina

No ka mea ma ka la 14, o Julai makahiki 1873, ua waiho mai o C.R. Bishop ma ke ano Luna Hooponopono Waiwai o ka Moi imua o ke Komisina Palena Aina, he Palapala Noi no ka hooponopono ana ina Palena o ke Ahupuaa o Kaapahu e waiho nei ma Kipahulu, Mokupuni o Maui ko Hawaii Pae Aina.

Nolaila ua kauohaia na mea aina a kuleana paha e pili mai ana ia Kaapahu ma ka la 20 o Okatoba 1873, ma ka Hale Hookolokolo ma Lahaina, hora 11, kakahiaka.

Nolaila ua noho ka Aha Komisina Palena Aina ma ka la i hoolahaia ame ka hora, aka, no kekahi kumu ua hoopanee ke Komisina i ka hana a hiki i ka la a ka Aha e hana hou ai.

Noho hou ka Aha i ka la 6, o Novemaba 1873, e like me ka mea i haiia.

L. Aholo & Kia ma ka aoao o ka Luna Hooponopono Waiwai o ka Moi

Manu Kekahunaaiole (hoike), Ua ike au ia Kaapahu he Ahupuaa ia ma Kipahulu, a ua ike au ina palena. O Kuikuilaiki ma ka Hikina o Kaapahu, a o Kalepa ma ke Komohana.

font-family:" times="" new="" roman","serif";mso-fareast-font-family:"times="" roman";Ke hoakakeia aku nei malalo penei:

[Ua?] haawiia malalo a ku'u lima i Kui la Eono o Novemaba M.H. [1873?] o ko Hawaii Pae Aina. P. Nahalolilua [Palena aina?] o Maui 

[page 56]

Notes of a Survey of Kaapahu

An Ahupuaa in Kapahulu Maui

Beginning at the Easternmost corner of the mouth of the Kahawai which forms the
dividing line between Kaapahu and Kukuiula and running thence along the
seashore:

South 21° West 50 chains to the mouth of the Kahawai which separates Kaapahu
from Kalepa, thence following up the centre of the Stream;
North 38 1/4° West 244 chains to the summit of the ridge, thence along the
"Kuahiwi"
North 66° East 78 chains and thence down the Kahawai that divides Kaapahu from
Kukuiula
North 31 1/4° West 223 chains to the point of Commencement.

Comprising an area of Fourteen hundred and eighty acres, more or less.

(Signed) J.H. Sleeper, Surveyor

9th April 1859

[Royal Land Patent No. S. 8597, Lunalilo, William C., Kaapau Ahupuaa, District
of Kipahulu, 1984]