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7. 247° 17'. 122.58 feet along Lot 26 of Land Court Application <br /> 1053 (Map 545) to the point of beginning <br /> and containing an area of 1.646 acres. <br /> All as shown on the map attached hereto, marked Exhibit "A" and by reference <br /> made a part hereof. <br /> SECTION 2. This change in district classification is conditioned upon the following: <br /> A. The applicant shall notify prospective purchasers, tenants, or lessees of the subject <br /> properties that farming operations and practices on adjacent or contiguous land in <br /> the State Land Use Agricultural District are protected under Hawai`i Revised <br /> Statutes chapter 165, the Hawai`i Right to Farm Act. This notice shall be <br /> included in any disclosure required for the sale or transfer of the subject <br /> properties. <br /> B. Any action that would interfere with or restrain farming operations on adjacent or <br /> contiguous properties shall be prohibited; provided the farming operations are <br /> conducted in a manner consistent with generally accepted agricultural and <br /> management practices on adjacent or contiguous lands in the agricultural district. <br /> SECTION 3. In the event that any portion of this ordinance is declared invalid, such <br /> invalidity shall not affect the other parts of this ordinance. <br /> SECTION 4. This ordinance shall take effect upon its approval. <br /> INTRODUCED BY: <br /> COUNCIL MEMBER, COUNTY OF HAWAII <br /> Kona, Hawaii <br /> Date of Introduction: April 20, 2010 <br /> Date of 1st Reading: April 20, 2010 <br /> Date of 2nd Reading: May 5, 2010 <br /> Effective Date: • May 20, 2010 <br /> - 2- <br /> REFERENCE, COMM 753 <br />