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4. 358' <br />00' <br />21.00 <br />feet; <br />5. 18' <br />30' <br />79.00 <br />feet; <br />6. 39' <br />00' <br />53.00 <br />feet; <br />7. 70' <br />30' <br />97.00 <br />feet; <br />8. 62' <br />30' <br />29.00 <br />feet; <br />9. 79' <br />30' <br />60.00 <br />feet to the point of beginning and containing <br />an area of 43,560 square feet. <br />All as <br />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, Hawaii 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 successor or assigns shall be responsible for complying with all stated <br />conditions of approval. <br />B. The required water commitment payment shall be submitted to the Department of Water <br />Supply in accordance with its "Water Commitment Guidelines Policy" within one <br />hundred eighty (180) days from the effective date of this ordinance. <br />-2- <br />