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(Tax Parcels 0145 -0190 & 0200) <br />ALL THOSE certain five lots, pieces or parcels of land, with its <br />appurtenances, situate in the City of Portsmouth, Virginia, and <br />being known, numbered and designated as Lots One (1), Two (2), <br />Three (3), and Four (4) in Block Number Four (4) on the plat of <br />Lincoln Park, duly recorded in the Clerk's Office of the Circuit <br />Court of the City of Chesapeake, Virginia in Map Book 4, page 77, <br />the said lots being situate between the western marginal line of <br />Graham Street and the railroad right of way, with Lots One (1), <br />Two (2), Three (3), and Four (4) fronting Deep Creek Boulevard. <br />SAVE AND EXCEPT, however, from said parcels of land the strip <br />of land twenty (20) feet in width which Mamie Long conveyed to <br />the City of Portsmouth by deed dated December 8, 1961, and duly <br />recorded in the Clerk's Office of the Circuit Court of the City of <br />Portsmouth, Virginia, in Deed Book 379, page 453, for the purpose <br />of widening Deep Creek Boulevard. <br />IT BEING all that certain property conveyed to New Home <br />Builders Inc. by Deed of Bargain and Sale from the Economic <br />Development Authority of the City of Portsmouth, Virginia dated <br />March 28, 2023 and recorded in the Clerk's Office of the Circuit <br />Court for the City of Portsmouth, Virginia as Instrument Number <br />202303048. <br />6. That the use permit is approved subject to the following conditions which <br />shall be observed by the applicant and any successor in interest: <br />(a) The development shall be in substantial compliance with the survey <br />concept plan entitled Exhibit showing the resubdivision of lots 1, 2, 3 and <br />4 #3006 & 3002 Deep Creek Boulevard Proposed Townhouses Graham <br />Street prepared by Michael Rheinhart dated March 9, 2023, except where <br />modifications are required to comply with all applicable local, state and <br />federal codes and regulations. <br />(b) The development shall be in substantial compliance, including with <br />respect to building design, construction materials and concept exterior <br />elevations, with those certain submittals labeled Deep Creek Townhouses <br />Title Sheet, sheet A0.0, and Elevations and Notes of sheets A2.0 and A2.1, <br />except where modifications may be required to comply with all applicable <br />local, state, and federal codes and regulations. <br />(c) Not more than four (4) townhomes shall be constructed on the subject <br />property. <br />