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<br /> <br /> <br /> <br /> <br /> <br /> Thence for the next three (3) courses following along Lot No. 3-C, being the West line of <br /> this herein-described tract: <br /> <br /> 52. 150° 00' 00" 456.55 feet to a found %z" rebar with cap; <br /> <br /> Thence, following a curve to the right with a radius of 150.00 feet, the chord azimuth and <br /> distance being: <br /> <br /> 53. 160° 31' 00" 54.76 feet to a found %z" rebar with cap; <br /> <br /> 54. 171 ° 02' 00" 15.00 feet to the point of beginning and containing <br /> an area of 11.05 acres, more or less. <br /> <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 1983 (2005 <br /> <br /> Edition), the County Council finds the following conditions are: <br /> <br /> <br /> (1) Necessary to prevent circumstances which may be adverse to the public <br /> health, safety and welfare; or <br /> <br /> (2) Reasonably conceived to fulfill needs directly emanating from the land use <br /> proposed with respdcito: <br /> <br /> (A) Protection of the public from the potentially deleterious effects of <br /> the proposed use, or <br /> <br /> (B) Fulfillment of the need for public service demands created by the <br /> proposed use. <br /> <br /> A. The applicant, its successor or assigns shall be responsible for complying with all <br /> stated conditions of approval. <br /> B. Prior to the issuance of a water commitment by the Department of Water Supply, <br /> the applicant shall submit the anticipated maximum daily water usage calculations <br /> as recommended by a registered engineer and a water commitment deposit in <br /> accordance with the "Water Commitment Guidelines Policy" to the Department <br /> of Water Supply within 180 days from the effective date of this ordinance. <br /> <br /> C. The applicant shall provide a recreational area of at least 5,000 square feet at the <br /> Naniloa Street end of the proposed subdivision, which shall be maintained by the <br /> proposed subdivision's owners' association. Additionally, the applicant shall <br /> provide the recreational area with its own water meter and adequate water to serve <br /> park visitors, and support grass and landscaping. This recreational area shall not <br /> <br /> 4 <br />