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Excepting and reserving therefrom, that certain parcel of land conveyed to the <br /> State of Hawaii by instrument dated September 26, 1952, recorded in the Bureau <br /> of Conveyances in Book 2636 at Page 408, containing an azea of 1,250 square <br /> feet, more or less, leaving a net area of 21,050 square feet, more or less. <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, its successors or assigns shall be responsible for complying with all <br /> 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. Construction of the proposed development shall be completed within five (5) <br /> 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 /> development from the Planning Director in accordance with Section 25-2-70, <br /> Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing <br /> -2- <br /> <br />