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6. Thence along same on a curve to the right with a radius of 30.00 feet, the chord <br />azimuth and distance being: 296° <br />00' 42.43 feet; <br />7. 341 ° 00' 179.50 feet along Awa Street to the point of <br />beginning and containing an area of <br />3.151 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 />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. Condition C of Ordinance No. 96 73 which requires all uses established on the <br />lots to be in conformance with the statutory requirements of Chapter 205, Hawaii <br />Revised Statutes (State Land Use Law) and Chapter 25, Hawaii County Code <br />(Zoning Code) shall not be applicable to TMK: 2-2-48: 10 and 120 upon the <br />effective date of this ordinance. <br />-3- <br />