REGULAR SYSTEMTo:

Total Number of Pages:Tax Map Key No. (3) 4-3-010:009

FROM: STATE OF HAWAIIBOARD OF LAND AND NATURAL RESOURCES

TO: STATE OF HAWAIIDEPARTMENT OF LAND AND NATURAL RESOURCESDivision of Forestry and Wildlife1151 Punchbowl Street, Room 325Honolulu, Hawaii 96813

EXECUTIVE ORDER NO. ____________

SETTING ASIDE LAND FOR PUBLIC PURPOSES

BY THIS EXECUTIVE ORDER, I, the undersigned, Governorof the State of Hawaii, by virtue of the authority in me vestedby Section 183—11, Hawaii Revised Statutes, as amended, and everyother authority me hereunto enabling, do hereby order that thepublic land and improvements hereinafter described be, and thesame is, hereby set aside for the following public purposes:

FOR ADDITION TO MAUNA KEA FOREST RESERVE, to be underthe control and management of the State of Hawaii, Department ofLand and Natural Resources, Division of Forestry and Wildlife,being that parcel of land situate at Kalopa, Kaohe II and Kaohe

657494 1.DOC P~JM.APPWD.D~partmen~ the~om~ Gen~

LAND COURT SYSTEMReturn by Mail ( ) Pickup

III, Hamakua, Island of Hawaii, Hawaii, and identified as“Addition to Mauna Kea Forest Reserve,” containing an area5140.645 acres, more or less, more particularly described inExhibit “A” and delineated on Exhibit “B,” both of which areattached hereto and made parts hereof, said exhibits beingrespectively, a survey description and survey map prepared by theSurvey Division, Department of Accounting and General Services,State of Hawaii, both being designated C.S.F. No. 25,177 anddated May 9, 2012.

SUBJECT, HOWEVER, to the condition that uponcancellation of this executive order or in the event of non—useor abandonment of the premises or any portion thereof for acontinuous period of one (1) year, or for any reason whatsoever,the State of Hawaii, Department of Land and Natural Resources,Division of Forestry and Wildlife shall, within a reasonabletime, restore the premises to a condition satisfactory andacceptable to the Department of Land and Natural Resources, Stateof Hawaii.

SUBJECT, FURTHER, to disapproval by the Legislature bytwo—thirds vote of either the Senate or the House ofRepresentatives or by majority vote of both, in any regular orspecial session next following the date of this Executive Order.

SUBJECT, FURTHER, that this set aside is pursuant tothe Biological Opinion for the Saddle Road project on September11, 2009 (“Biological Opinion.”) Said Biological Opinioncommitted the United States Fish and Wildlife Service and theFederal Highway Administration to ensure that this Addition toMauna Kea Forest Reserve serve as long—term habitat for Palilarecovery purposes.

APP~DD~cñment of theM~orney General

This executive order does not authorize the recipientof the set aside to sell or exchange or otherwise relinquish theState of Hawaii’s title to the subject public land.

657494 1.DOC 2

IN WITNESS WHEREOF, I have hereunto set my hand andcaused the Great Seal of the State of Haw~ii to be affixed.Done at the Capitol at Honolulu this I1~ day of

~J~f , 2016.

~DAVID IGEGovernor the State of Hawaii

APPROVED AS TO FORM:

DA ‘t A~ MORRISDeputy Attorney General

Dated: SEP 29 2016

P~LJM. APP~’D.657494_1.Doc

STATE OF HAWAII

Office of the Lieutenant Governor

THIS IS TfD CERT hat.~.the within is a true copy ofExecutive Order No. ‘~ setting aside land for publicpurposes, the original of which is on file in this office.

IN TESTIMONY WHEREOF, the LieutenantGovernor of the State of Hawaii, hashereunto subscribed his name and causedthe Great Seal of the State to be affixed.

~-%‘r~SHAN S. TSUTSUILieutenant Governor of the State of Hawaii

DONE in Honolulu, this _______________ day of

Qc/vb-tr , A.D. 2016

657494_1.DOC

C.S.F. No. 25,177

STATE OF HAWAI’ISURVEY DIVISION

DEPARTMENT OF ACCOUNTING AND GENERAL SERVICESHONOLULU

ADDITION TO MAUNA KEA FOREST RESERVE

Kalopa, Kaohe II and Kaohe III,Hamakua, Island of Hawaii, Hawaii

May 9, 2012

Comprising the following:

A. Portion of the Government (Crown) Land of Kalopa.

B. Portion of the Government Land of Kaohe II.

C. Portion of the Government Land of Kaohe III.

Beginning at the southeast corner of this parcel of land, and on the north

boundary of Mauna Kea Forest Reserve, Governor’s Proclamation dated June 5, 1909 as

modified by Governor’s Proclamation dated May 2, 1938, the coordinates of said point of

beginning referred to Government Survey Triangulation Station “PUU KIHE” being 1143.16

feet North and 6090.53 feet West, thence running by azimuths measured clockwise from True

South:-

98° 02’ 40”

2. 99° 33’ 40”

6530.60 feet along Manna Kea Forest Reserve, Governor’sProclamation dated June 5, 1909 as modified byGovernor’s Proclamation dated May 2, 1938;

3483.20 feet along Manna Kea Forest Reserve, Governor’sProclamation dated June 5, 1909 as modified byGovernor’s Proclamation dated May 2, 1938;

AP?WD.Depcr$mefli of ih. B”A’

C.S.F. No. 25,177 May 9, 2012

3~ 750 21’ 11,150.10 feet along Mauna Kea Forest Reserve, Governor’sProclamation dated June 5, 1909 as modified byGovernor’s Proclamation dated May 2, 1938;

4~ 97° 10’ 5128.20 feet along Mauna Kea Forest Reserve, Governor’sProclamation dated June 5, 1909 as modified byGovernor’s Proclamation dated May 2, 1938 tothe west bank of Kahawailiilii Gulch;

Thence along the west bank of Kahawailiilii Gulch along Mauna Kea Forest Reserve,Governor’s Proclamation dated June 5, 1909 asmodified by Governor’s Proclamation dated May2, 1938 for the next four (4) courses, the directazimuths and distances between points along saidwest bank of Kahawailiilii Gulch being:

5 174° 32’ 30” 881 70 feet;

6 200° 04’ 30” 978 40 feet;

7. 209° 45’ 30” 782.80 feet;

8. 194° 18’ 1120.40 feet;

9. 207° 15’ 30” 777.80 feet along the remainder of the Government Land ofKaohe III;

10. 260° 00’ 35.00 feet along Grant 2769 to J.P. Parker to the middle ofKahawailiilii Gulch;

Thence along the middle of Kahawailiilii Gulch along Grant 2769 to J.P. Parker for the nextfour (4) courses, the direct azimuths and distancesbetween points along said middle of KahawailiiliiGulch being:

11. 196° 44’ 296.04 feet;

12 204° 30’ 40” 203 17 feet;

13 180° 35’ 25” 14077 feet;

14. 203° 03’ 45” 124.74 feet;

APPWD.Djine,jafth.M$omey Gerwql

C.S.F. No. 25,177 May 9, 2012

15. 245° 11’ 04” 3285.55 feet along the remainder of the Government (Crown)Land of Kalopa;

16. 246° 13’ 05” 1956.05 feet along the remainder of the Government (Crown)Land of Kalopa;

17. 245° 56’ 39” 6263.58 feet along the remainder of the Government (Crown)Land of Kalopa;

18. 245° 57’ 10” 2495.43 feet along the remainder of the Government Land ofKaohe II;

19. 279° 56’ 757.04 feet along the remainder of the Government Land ofKaohe II;

20. 183° 36’ 10” 1055.34 feet along the remainder of the Government Land ofKaohe II;

21. 273° 51’ 30” 340.79 feet along the remainder of the Government Land ofKaohe II;

22. 281° 15’ 15” 1521.81 feet along the remainder of the Government Land ofKaohe II;

23. 281° 00’ 55” 428.14 feet along the remainder of the Government Land ofKaohe II;

24. 283° 59’ 30” 128.21 feet along the remainder of the Government Land ofKaohe II;

25. 280° 32’ 10” 454.35 feet along the remainder of the Government Land ofKaohe II;

26. 281° 52’ 40” 697.97 feet along the remainder of the Government Land ofKaohe II;

27. 285° 36’ 50” 413.95 feet along the remainder of the Government Land ofKaohe II;

28. 275° 37’ 339.47 feet along the remainder of the Government Land ofKaohe II;

29. 275° 44’ 05” 1513.38 feet along the remainder of the Government Land ofKaohe II;

~APPWD.Deportment of theM$omey Gene~

C.S.F. No. 25,177 May 9, 2012

30. 189° 41’ 45” 1492.55 feet along the remainder of the Government Land ofKaohe II;

31. 204° 56’ 05” 1845.23 feet along the remainder of the Government Land ofKaohe II;

32. 197° 45’ 63.95 feet along the remainder of the Government Land ofKaohe II;

33. 185° 09’ 35” 561.09 feet along the remainder of the Government Land ofKaohe II;

34. 183° 34’ 792.39 feet along the remainder of the Government Land ofKaohe II;

35. 172° 49’ 05” 704.18 feet along the remainder of the Government Land ofKaohe II;

36. 172° 53’ 566.58 feet along the remainder of the Government Land ofKaohe II;

37. Thence along the remainder of the Government Land of Kaohe II on a curve to the left witha radius of 20.00 feet, the chord azimuth anddistance being:132° 23’ 25.98 feet;

38. 271° 53’ 91.12 feet along the south side of Keanakolu Road;

39. Thence along the remainder of the Government Land of Kaohe II on a curve to the left witha radius of 20.00 feet, the chord azimuth anddistance being:42° 23’ 30.42 feet;

40. 352° 53’ 538.66 feet along the remainder of the Government Land ofKaohe II;

41. 247° 36’ 25” 454.77 feet along the remainder of the Government Land ofKaohe II;

42. 263° 41’ 35” 850.57 feet along the remainder of the Government Land ofKaohe II;

43. 258° 30’ 200.95 feet along the remainder of the Government Land ofKaohe II;

~ AP?rD.ont of the

M$omey General

C.S.F. No. 25.177 May 9, 2012

44. 282° 11’ 171.77 feet along the remainder of the Government Land ofKaohe II;

45. 20° 14’ 15” 293.14 feet along the remainder of the Government Land ofKaohe II;

46. 355° 39’ 285.03 feet along the remainder of the Government Land ofKaohe II;

47. 329° 00’ 20” 348.25 feet along the remainder of the Government Land ofKaohe II;

48. 282° 47’ 50” 265.82 feet along the remainder of the Government Land ofKaohe II;

49. 31° 09’ 40” 1330.58 feet along the remainder of the Government Land ofKaohe II;

50. 1° 42’ 55” 795.62 feet along the remainder of the Government Land ofKaohe II;

51. 343° 41’ 50” 1200.87 feet along the remainder of the Government Land ofKaohe II;

52. 264° 10’ 196.28 feet along the remainder of the Government Land ofKaohe II;

53. 271° 00’ 50” 290.71 feet along the remainder of the Government Land ofKaohe II;

54. 289° 38’ 50” 916.09 feet along the remainder of the Government Land ofKaohe II;

55. 287° 52’ 15” 746.47 feet along the remainder of the Government Land ofKaohe II;

56. 292° 16’ 10” 69.17 feet along the remainder of the Government Land ofKaohe II;

57. 307° 54’ 30” 765.32 feet along the remainder of the Government Land ofKaohe II;

58. 22° 00’ 1540.42 feet along R.P. 4527, Mahele Aw. 26-B to Kailakanoa;

59. 357° 41’ 20” 1879.20 feet along R.P. 4527, Mahele Aw. 26-B to Kailakan0

C.S.F. No. 25,177 May 9, 2012

60. 00 14’ 49” 7216.90 feet along R.P. 4527, Mahele Aw. 26-B to Kailakanoato the point of beginning and containing an AREAOF 5140.645 ACRES, MORE OR LESS.

RESERVING to the State of Hawaii, its successors and assigns, Easements 2, 3, 4and 5 ofNon-Exclusive Palila Critical Habitat Preservation Easement as shown on plan attachedhereto and made a part hereof.

SURVEY DIVISIONDEPARTMENT OF ACCOUNTING AND GENERAL SERVICES

STATE OF HAWAII

By: ___________________________Glenn J. KodaniLand Surveyor ry

Compiled from map and desc. flu.by Inaba Engineering, Inc. Said mapand desc. have been examined andchecked as to form and mathematicalcorrectness but not on the ground bythe Survey Division.

AP?R’D.

~ff*JcED vwr TO st*~

MAUNA KEA FOREST RESERVEKaohe III, Hamakuo, Island of Hawaii, Hawaii

Scale: 1 inch = 3000 feet

—R ~

5 140.645 ACRES,MORE OR LESS

prese~~t1Ofl

Easement 2(C.S.F. 23,406—A)

-~1 J

GOi~er,,o,., Pr ~ 0 R

ES T- . 7909~~

AlOy 2, ,Q7rfied by C I? V

Govefl~m6h1t LUnd ADDfl1ON TOKalopa, Kaohe II and

JOB H—066(12)C. BK.