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3. 346° 10' 3177.00 feet along the reminder of Grant <br /> 6857 to John Cheseborg of Pu'ukapu <br /> Homesteads-Second Series; <br /> 4. 76° 58' 150.06 feet along the north side of <br /> Mamalahoa Highway to the point of <br /> beginning and containing an area of <br /> 10.940 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 (2016 <br /> Edition, as amended), 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 /> A. The applicant, its successors or assigns shall be responsible for complying with all of the <br /> stated conditions of approval. <br /> B. The applicant shall submit the required water commitment payment to the Department of <br /> Water Supply in accordance with its "Water Commitment Guidelines Policy"within <br /> ninety (90) days from the effective date of this change of zone. The applicant, successors, <br /> or assigns are responsible for maintaining valid water commitments to support the <br /> proposed use until such time that required water facilities charges are paid in full. <br /> -2- <br />