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4. 147° 20' 445.00 feet along Lot 9 to a point at the <br /> southeasterly side of Ponahawai <br /> Street; <br /> Thence along the southeasterly side of Ponahawai Street, along a curve to the left <br /> having a radius of 1,030.00 feet, the <br /> chord azimuth and distance being: <br /> 5. 234° 55' 86.86 feet to the point of beginning and <br /> containing an area of 1.278 acres, <br /> 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 aze: <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), 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 improvements shall be completed within five (5) <br /> -2- <br /> <br />