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Chesapeake (formerly Norfolk County), Virginia, in Map Book 18, page 85 (the "Subdivision Plat "). TOGETHER WITH (i) the southern one -half (1/2) of an alley sixteen feet (16') in width adjacent to the northern boundaries of the above lots as shown on the aforesaid plat and extending from Tyre Neck Road easterly for a distance of approximately 520 feet to the west right -of -way line of an alley on the formerly Seaboard Coast Line Railroad property, said alley having been closed by the Portsmouth City Council by Ordinance No. 1983 -8 adopted on February 8, 1983, a copy of which is recorded in the Clerk's Office of the Circuit Court of the City of Portsmouth, Virginia, in Deed Book 847, at page 359; and (ii) the northern one -half (1/2) of a street sixty feet (60') in width and formerly known as Sixth Street adjacent to the southern boundaries of the above lots as shown on the aforesaid plat and extending from Tyre Neck Road easterly to the west right -of -way line of the formerly Atlantic Coastline Railroad right -of -way, said street having been closed by the Norfolk County Board of Supervisors in April, 1953, by Board Order recorded in Board Order Book 15, at pages 202 -203. TOGETHER WITH an alley twenty feet (20') in width adjacent to the eastern boundary of Lot number Eighteen (18) described above and extending to the west right -of -way line of the formerly Atlantic Coastline Railroad right -of -way, as shown on the Subdivision Plat. IT BEING the same property conveyed to The Port, LLC by Deed of Bargain and Sale from William A. Copeland, Jr., et al., dated May 25, 2021 and recorded in the Portsmouth Circuit Court Clerk's Office as Instrument Number 202107715. 6. 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 development shall be in substantial compliance with the concept plan entitled "The Port Apartments Conceptual Master Plan" prepared by Land Planning Solutions dated June 5, 2020 and the rendered concept elevations titled "The Port Apartments Phase One" and "the Port Apartments Phase Two" prepared by Cox, Kliewer & Company, P.C. and Ripley Heatwole Company dated March 20, 2020, except where modifications may be required to comply with all applicable local, state, and federal codes and regulations. (b) The development shall provide at least the necessary open space set - asides to authorize the density bonus of an additional 0.59 dwelling units per acre above the maximum allowed density in the MU -H zoning district as was outlined in Section 40.1 -5.8 of the former Zoning Ordinance, and as is designated on "The Port Apartments Conceptual Master Plan ".