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2. That Panda Restaurant Group, Inc. is hereby granted a use permit pursuant to Section 40.1-2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to develop a restaurant with drive-through service located on an approximately 0.73 acre outparcel to be subdivided from 1098 Frederick Boulevard, Portsmouth, Virginia, being more particularly described as: UP-16-11 1098 Frederick Boulevard (Tax Parcel 0312-0080) (approximately 0.73 acre portion) (metes and bounds are approximate and subject to final approved plat) COMMENCING at the southwest intersection of Frederick Boulevard and Bart Street, thence along the western line of Frederick Boulevard S 32°55'45" E 298.57'; thence along the western line of Frederick Boulevard S 26°09'48" E 81.67'; thence along the western line of Frederick Boulevard S 32°09'05" E 29.404' to the Point of Beginning; thence from the Point of Beginning along the western line of Frederick Boulevard S 32°39'21.14" E 91.989'; thence leaving the line of Frederick Boulevard S 55°52'26.29' W 44.712'; thence S 04°59'44.59" W 28.129'; thence S 57°20'40.90 W 115.670'; thence along a curve to the right having an Arc Length of 46.400', a Radius of 47.113', a Chord Bearing of S 85°37'57.89" W and a Chord Length of 44.55'; thence N 62°33'00.33" W 7.045'; thence along a curve to the right having an Arc Length of 19.044', a Radius of 39.803', a Chord Bearing of N 46°24'20.21" W and a Chord Length of 18.86'; thence N 32°43'57.98" W 28.795'; thence along a curve to the right having an Arc Length of 25.985', a Radius of 50.000', a Chord Bearing of N 17°50'39.07" W and a Chord. Length of 25.69'; thence N 03°43'59.55" W 79.112'; thence N 36°31'49.07" E 12.901'; thence N 85°38'19.93" E 122.473'; thence N 56°54'39.05" E 60.083' to the Point of Beginning. BEING a portion of the property conveyed to Wal- Mart Real Estate Business Trust by deed from Portsmouth Redevelopment and Housing Authority dated February 16, 2006 and recorded in the