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40. 166° 37' 32' 69.87 feet; <br /> Thence, along the 1?asterly side of Kuakini Highway (F.A.S.P. No. S-229(1)) on a <br /> curve to the left with a radius of ] 677.02 <br /> feet, the chord azimuth and distance being: <br /> 41. 165° Ol' 28" 41.01 feet to the point of beginning and containing <br /> an area of 14.872 Acres. <br /> All as shown on the map attached hereto, marked Exhibit "A" and by reference <br /> <br /> made a part hereof. <br /> SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County <br /> <br /> 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 shall be responsible for complying <br /> with all stated conditions of approval. <br /> H. Prior to the issuance of a water commitment by the Department of Water <br /> Supply, the applicant shall submit the anticipated maximum daily water <br /> usage calculations as recommended by a registered engineer, and a water <br /> commitment deposit in accordance with the "Water Commitment <br /> Guidelines Policy" to the Department of Water Supply within ninety days <br /> from the etTective date of this ordinance. The applicant shall finalize the <br /> allocation of water commitments sufficient to allow the proposed <br /> development prior to Final Plan Approval. <br /> -7- <br /> <br />