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4. Thence along same on a curve to the <br /> right having a radius of 20.00 feet, <br /> the chord azimuth and distance <br /> being: <br /> 26' 00' 28.28 feet; <br /> 5. 710 00' 141.48 feet along Makalika Street to the <br /> Point of Beginning and containing an <br /> area of 3.160 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 (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 /> SEE ATTACHED CONDITIONS <br /> SECTION 3. Severability. If any provision of this ordinance, or the application thereof <br /> to any person or circumstance, is held invalid, the invalidity does not affect other provisions or <br /> applications of the ordinance which can be given effect without the invalid provision or <br /> application, and to this end the provisions of this ordinance are severable. <br /> SECTION 4. This ordinance shall take effect upon its approval. <br /> -2- <br />