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9. 281° 10' 20" 282.26 feet along Lot 177-B, Ld. Ct. App. <br /> 1120 (Map 35) to the point of <br /> beginning and containing an area of <br /> 2.943 acres. <br /> All as shown on the map attached hereto, marked Exhibit "A" and by reference <br /> made a part hereof. <br /> SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005 <br /> Edition), the County Council finds the following conditions are: <br /> Necessary to prevent circumstances which may be adverse to the public health, safety <br /> and welfare; or <br /> (1) 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 /> 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 /> prior to final subdivision approval. The applicant shall make any improvements <br /> required by the Department of Water Supply. <br /> C. Final Subdivision Approval of the proposed subdivision shall be secured from the <br /> Planning Director within five (5) years from the effective date of this ordinance. <br /> D. Access to the project site from the Akoni Pule Highway shall meet with the <br /> approval of the State Department of Transportation. <br /> -11- <br />