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4. 251° 00' 221.24 feet along the south side of <br /> Government Road (50.00 feet wide) <br /> to the point of beginning. <br /> Bearing Tax Map Key 2-2-51:3, containing an area of 2.73 acres,more or less. <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 fmds 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 <br /> all of the stated conditions of approval. <br /> B. The applicant, successors, or assigns shall notify prospective purchasers,tenants, <br /> or lessees of all lots that farming operations and practices on adjacent or <br /> contiguous land in the State Land Use Agricultural District are protected under <br /> Hawai`i Revised Statutes Chapter 165,the Hawai`i Right to Farm Act. This <br /> notice shall be included in any disclosure required for the sale or transfer of all of <br /> the proposed lots. <br /> C. Any action that would interfere with or restrain farming operations on adjacent or <br /> contiguous properties shall be prohibited under Hawaii Revised Statutes Chapter <br /> -2- <br />