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4. 341 ° 00' 240.00 feet along Awa Street to the point of <br /> beginning and containing an area of 2.649 <br /> Acres. <br /> All as shown on the map attached hereto, marked Exhibit "A" and by reference <br /> made part hereof. <br /> SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 <br /> <br /> Edition), the County Council finds the following conditions are: <br /> (1) Necessary to prevent circumstances which maybe 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(s), its successors or assigns shall be responsible for complying with <br /> all of 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" <br /> within 180 days from the effective date of this ordinance. <br /> C. Final Subdivision Approval of the subject property shall be secured within five (5) <br /> years from the effective date of this ordinance. <br /> D. Restrictive covenants in the deeds of all the proposed lots within the subject <br /> property shall give notice that the tenns of the zoning ordinance prohibit the <br /> construction of a second dwelling unit and condominium property regimes on <br /> -2- <br /> <br />