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4. <br />Thence along same on a curve to the <br />right having a radius of 20.00 feet, <br />the chord azimuth and distance <br />being: <br />26° 00' 28.28 feet; <br />5. .710 00' 141.48 feet along Makalika Street to the <br />Point of Beginning and containing an <br />area of 3.160 acres, more or less. <br />All as shown on the map attached hereto, marked Exhibit "A" and by reference <br />made a part hereof. <br />SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2016 <br />Edition, as amended), the County Council finds the following conditions are: <br />(1) Necessary to prevent circumstances which may be adverse to the public <br />health, safety, and welfare; or <br />(2) Reasonably conceived to fulfill needs directly emanating from the land use <br />proposed with respect to: <br />(A) Protection of the public from the potentially deleterious effects of <br />the proposed use, or <br />(B) Fulfillment of the need for public service demands created by the <br />proposed use. <br />A. The applicant, its successors or assigns ("Applicant") shall be responsible for <br />complying with all of the stated conditions of approval. <br />B. The Applicant shall be responsible for complying with all requirements of <br />Chapter 205, Hawaii Revised Statutes, relating to permissible uses within the <br />State Land Use Agricultural District. <br />-2- <br />