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4. Thence along Waiakea Uka Flood Control on a curve to the left with a radius of <br />1,100.00 feet, the chord azimuth and <br />distance being: <br />260° 28' 22" 362.07 feet; <br />5. 251' 00' 993.45 feet along Waiakea Uka Flood Control; <br />6. 341' 00' 469.00 feet along Awa Street to the point of <br />beginning and containing an area of <br />14.729 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 may be 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 />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 />-2- <br />