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2. That T- Mobile Communications is hereby granted a use permit pursuant to <br />Section 40.1- 2.3(B) of the Code of the City of Portsmouth, Virginia (2006) to construct <br />and operate a 160 foot monopole telecommunications tower and equipment compound at <br />0 Halifax Avenue, Portsmouth, Virginia, Tax Parcel 0353 -0011, being more particularly <br />described as: <br />UP -18 -02 <br />0 Halifax Avenue <br />(Tax Parcel 0353 -0011) <br />(1) ALL THAT portion of Martha B. Blanchard's, <br />Alva W. Blanchard's, and Blanchard Family <br />Properties, L.L.C.'s Armstead Branch right of way <br />50 feet in width, i.e., 25 feet on each side of the <br />center line of said Armstead Branch, as formerly <br />located, lying between the western line of Halifax <br />Avenue and the western boundary line of land <br />described in deed dated November 7, 1958, from the <br />Atlantic Coast Line Railroad Company, predecessor <br />in right, title interest and estate of Seaboard Coast <br />Line Railroad Company, to Blanchard's Inc.; <br />containing 0.35 of an acre, more or less, as shown on <br />print of Seaboard Coast Line Railroad Company's <br />Division Engineer's Drawing No. B -234, dated May <br />26, 1961, last revised October 12, 1978, which print <br />is attached to a Deed from Seaboard Coast Line <br />Railroad Company to Isabelle J. Blanchard and T. <br />Deale Blanchard, Sr., dated February 5, 1979 and <br />recorded May 3, 1979 in the Clerk's Office, Circuit <br />Court, City of Portsmouth, Virginia in Deed Book <br />754, page 459. <br />LESS AND EXCEPT that real estate conveyed to <br />Maryview Hospital by Deed of Exchange from <br />Blanchard Family Properties, L.L.C., and Isabelle J. <br />Blanchard, dated September 19, 2000 and recorded <br />September 19, 2001 in the Clerk's Office, Circuit <br />Court, City of Portsmouth, Virginia, as Instrument <br />No. 012945. <br />LESS AND EXCEPT any portion of Halifax <br />Avenue. <br />