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The above - described property contains 18,394 square feet or 0.4223 acre. IT BEING all that certain property conveyed to City of Portsmouth, Virginia by Deed of Bargain and Sale from Frances W.J. Beck, Mary Wellford Johnston and Susan J. Bradshaw by Deed dated March 9, 2018 and recorded in the Portsmouth Circuit Court Clerk's Office as Instrument Number 180002356. 3. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) The location of the tower and general layout shall be generally in conformity with the plans prepared by KCI Technologies and Motorola Solutions and dated June 14, 2018 (Engineer's seal), except for minor modifications approved by the Director of Planning or where modifications may be required to comply with the requirements of the City Code. (b) The height of the communications tower structure shall not exceed 300 feet measured from the ground surface immediately adjacent to the tower, excluding appurtenances and any requirements of the FAA. (c) A Type B bufferyard as set forth in Section 40.1- 5.2(E) of the Portsmouth City Code shall be provided around the tower's equipment compound where visible from off -site, except at the gate which must be screened in a manner acceptable to the Director of Planning. In addition any generator located on the tower site must be equipped with a sound reduction cover to mitigate any noise impacts on nearby properties. (d) Any obstruction lighting shall be installed, operated and maintained in accordance with FAA recommended standards. (e) The tower shall be developed so as not to interfere with the trailhead of the Rails to Trails project and all consideration shall be given to access to the Rails to Trails trail in preparing the site plan for the tower. 4. REVOCATION OF PERMIT: Violation of any of the above conditions may serve as grounds for revocation of the use permit by City Council. ADOPTED by the Council of the City of Portsmouth, Virginia, at a meeting held on October 9, 2018. Teste: City Clerk