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18. 11° 47' 37" 4.28 feet to a point; <br />19. 57° 41' 10" 248.07 feet along middle of stonewall and along Land <br />Commission Award 11216, Apana 39 to M. <br />Kekauonohi to the point of beginning and <br />containing an area of 10.829 Acres. <br />All as shown on the map attached hereto, marked Exhibit "A" and by reference made <br />a part hereof. <br />SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 <br />Edition), 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 the <br />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 with all of <br />the stated conditions of approval. <br />B. The required water commitment payment shall be submitted to the Department of <br />Water Supply in accordance with its "Water Commitment Guidelines Policy" within <br />ninety (90) days from the effective date of this ordinance. <br />C. Final Subdivision Approval shall be secured within five (5) years from the effective <br />date of this ordinance. <br />D. Construction of the proposed affordable housing project shall be completed within <br />five (5) years from the effective date of this ordinance. Prior to construction, the <br />applicant, successors or assigns shall secure Final Plan Approval for the proposed <br />