Statistics: 32591 characters 2548 words
No. 5089, Carter, J.O. &. B.P. Bishop Estate Trustees, Upolu Ahupuaa, District of North Kohala, Island of Hawaii, Vol. 24, pps 789-792 [LG Reel 10, 00463-00466.tif]
Land Patent No. 5089 (Grant)
On Land Exchange
By this Patent the Governor of the Territory of Hawaii, in conformity with the laws of the United States of America and of the Territory of Hawaii, makes known to all men that he has this day granted and confirmed unto [margin note: JWP] for and in consideration of the premises hereinafter set forth to-wit, that WHEREAS, one M. Kekuanaoa, Guardian of Victoria Kamamalu, the owner of certain lands situate in North Kona, Island and Territory of Hawaii, known [as] Honuaino and Haukalua 2, and mentioned , and described in Land Commission Award 7713, as Apana 8 and 44 [margin note JWP] , did, on or about the second day of July, 1851, make application to the Privy Council Dollars $ , paid into the Treasury of the then Kingdom of Hawaii for an exchange of the said lands for certain lands belonging to the said Kingdom situate in North Kohala and known as Upolu: And WHEREAS the said application of the said M. Kekuanaoa, as Guardian, was approved by the said Privy Council on or about the said 2nd day of July, 1851, as appears in and by the records of the said Privy Council, and thereafter the said M. Kekuanaoa, as Guardian, entered into possession of the said lands of Upolu, situate in North Kohala, and he and his successors in title of the said Victoria Kamamalu have ever since the approval of such application as aforesaid had possession of the said lands as owners thereof and the said Kingdom and its successors in title have ever since approval had possession of the said lands situate in North Kona, as owners thereof, but no conveyances have ever been executed by either of the parties or their successors to such exchange.
AND WHEREAS, the Trustees under the Will and of the Estate of Bernice P. Bishop, deceased, the successors in title of the said Victoria Kamamalu, being desirous of having their title to the said lands situate in North Kohala as aforesaid protected by the issuance to them of a Land Patent for the same, did as a consideration therefor, on the ninth day of December, 1903, execute and deliver to the Territory of Hawaii a deed of release and quitclaim of all their estate, right, title and interest in and to certain lands situate at Kuia, Island of Maui, Territory of all of land situate at [margin note: JWP] Hawaii, and also as a further consideration therefor did on the 22nd day of June, in the District of , [margin note: JWP] 1908, execute and deliver to the Territory of Hawaii a deed of release and quitclaim of all of their estateIsland of ,[margin note: JWP] right, title and interest, as such Trustees in and to the said land situate in North Kona aforesaid Island of bounded and described as follows [margin note: JWP]
NOW THEREFORE:
He has this day granted and confirmed unto Joseph O. Carter, Samuel M. Damon, William O. Smith, E. Faxon Bishop and Albert F. Judd, Trustees under the Will and of the Estate of Bernice Pauahi Bishop, deceased.
All of the land known as Upolu, situate in the District of Kohala, Island and County of Hawaii, Territory of Hawaii, bounded and described as follows: to-wit:
Beginning at a + mark on rock marking the Northeast angle of Royal Patent 786 Makalulu the said point being North 1913.1 West 7581.1 feet from the Kehoni [triangle with dot in it = Trig. Station], the boundary runs by the true meridian:
1. South 89° 12' East 261.6 feet along Royal Patent 786 to + mark on stone;
2. South 58° 04' East 1089.0 feet along Royal Patent 786 to + mark on stone;
3. South 56° 08' East 890.0 feet along same to Northeast angle of Royal Patent 785, Mahale;
4. South 74° 54' 30” East 594.0 feet along Royal Patent 785 to + mark on stone;
5. South 59° 59' East 771.0 feet along same to + on stone;
6. South 65° 52' East 867.0 feet along same to + mark on stone at Northeast angle of Royal Patent 784, Kamai;
7. South 63° 57' East 954.0 feet along Royal Patent 784 to [triangle with + in it] mark on stone;
8. South 56° 24' East 1604.0 feet along Royal Patent 784 to + mark on stone under mound of stones at Northeast angle Royal Patent 2766, Nahale, the coordinates of said point being South 1370.0 feet West 1432.7 feet referred to the Kehoni [triangle with dot in it = Trig. station];
9. South 63° 27' East 1254.0 feet along same to + mark on stone;
10. South 40° 51' East 1254.0 feet along same to + mark on stone;
11. South 54° 53' 30” East 1254.0 feet along same to + mark on stone;
12. South 53° 08' East 813.0 feet to + mark on stone on low hill at base of the Puu Ula Hill, the bearing and distance to the Puu Ula [triangle with dot in it] being South 55° 28' West, distant 630.0 feet and the coordinates of this said point being South 4097.2 feet, East 2185.7 feet referred to the Kehoni [triangle with dot in it];
13. South 31° 52' East 1128.5 feet along Royal Patent 2766 to + mark on stone;
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14. South 31° 62' 30” East 1262.8 feet along same to + mark on stone;
15.South 50° 18' East 608.5 feet along same to + mark on stone at the present South edge of the road to Mahukona, the said point being the North angle of Royal Patent 2848, H. Christiansen, the coordinates being South 6021.2 East 4071.4 feet referred to the Kehoni [triangle with dot in it];
16. South 65° 37' 30” East 927.4 feet along same to red wood post;
17. South 41° 50' East 1105.5 feet along same to red wood post surrounded by a mound of stones, this point being the common angle of Upolu, Royal Patent 2848 and Kukuipahu, Certification #144, the coordinates being South 7227.7 East 5953.4 feet referred to the Kehoni [triangle with dot in it];
18. North 89° 20' East 320.0 feet along Kukuipahu, Certification #144, to redwood post surrounded by mound of stones in swale, said post being the common angle of the lands of Upolu, Kokoiki and Kukuipahu;
19. North 39° 46' 30” West 7652.2 feet to a point near the North edge of the Government Road;
20. North 46° 05' West 1926.0 feet to Kehoni Trig. Station;
21. North 55° 50' West 3227.7 feet to a + marked on a stone by water hole at Southwest angle of Royal Patent 2508, Kuamoo, the coordinates being North 1812.9, West 2670.7 feet referred to the Kehoni [triangle with dot in it];
22. North 26° 55' 30” West 2361.0 feet along Royal Patent 2508 o + marked on stone under mound of stones;
23. North 63° 06' West 1914.0 feet along Royal Patent 2508 to + marked on rock ledge near sea bluff, this point being the Northwest angle of Royal Patent 2508, Kuamoo, the coordinates of this point being North 3938.8 West 6344.8 feet referred to the Kehoni [triangle with dot in it], thence North 63° 06' West 164.0 feet down the sea bluff to the sea coast at high water mark at a point of rock known as Kekawa, and following the windings of the sea coast at high water mark to a point of rock known as Kamakee, and then up the sea bluff South 64° 25' East 103.0 feet to the point of commencement, the direct bearings and distances from the previous station being as follows:
24. South 53° 01' 30” West 927.2 feet to Upolu Reference Station;
25. South 18° 18' West 1580.0 feet to point of beginning,
Containing 41.3 Acres
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Containing an area of 640.2 Acres, more or less, including Land Commission Award 10956 [insert: 10857], Pu Maia, 9.6 Acres and Land Commission Award 10164, Makahalulu, 1 acre.
To Have and to Hold the above granted Land unto the said Joseph O. Carter, Samuel M. Damon, William O. Smith, E. Faxon Bishop and Albert F. Judd, Trustees under the Will and of the Estate of Bernice Pauahi Bishop, deceased, their successurs in trust and assigns forever.
and heirs and assigns forever
In Witness Whereof, the Governor of the Territory of Hawaii has hereto set his hand and caused the great Seal of the Territory to be hereunto affixed, this 3rd day of July A.D. 1908.
(Great Seal)
/signed/ W.F. FREAR
BY THE GOVERNOR
/signed/ Jas. W. Pratt
Commissioner of Public Lands
Rulings over lines 6-11-13-33-35 and 37, page 1, and line 7 page 3 inserted and initialed (J.W.P.) before execution of above Patent.
(signed) Jas. W. Pratt, C.P.L.
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[Land Patent Grant No. 5089, Carter, J.O. &. B.P. Bishop Estate Trustees, Upolu Ahupuaa, District of North Kohala, Island of Hawaii, 640.2 Acres, 1908]