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February 13, 2001
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<br /> This conveyance is to be made pursuant to the provisions of Article 4, Chapter 1,
<br />Title 33.1, of the 1950 Code of Virginia, as amended, which shall be a covenant running
<br />with the abutting lands of the Grantor, which abut upon the Limited Access Highway,
<br />and/or upon any of its ramps, loops, or connections at or with intersecting highways,
<br />along the line or lines herein above described, as if the Article, as amended, were
<br />herein fully recited. Nothing contained in any deed for such easements shall be
<br />construed to convey any easement of access, light or air, incident to any lands of the
<br />Grantor abutting upon any highway other than the Limited Access Highway, ramps,
<br />loops, and connections, nor as denying the Grantor the right of ingress to and egress
<br />from any of the Grantor's lands which abut upon any service road now or hereafter
<br />constructed by the Grantee to provide access to and from the Limited Access Highway.
<br />
<br />Parcel 4:
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<br /> Parcel 003 - Being as shown on sheet 4B of the plans for Route 638, State
<br />Highway Project 0638-061-294, C501 and beginning on the south (right) side of Route
<br />638 construction centerline, from a point opposite approximate Station 143+93, to a
<br />point opposite approximate Station 152+32 and containing 7.743 acres, more or less,
<br />land.
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<br /> Said deed shall provide for the following: Title to this property shall revert to the
<br />City of Portsmouth, Virginia in fee simple absolute if VDOT's use of the property ever
<br />becomes unnecessary by virtue of the uses of same being abandoned; that the property
<br />so transferred shall be placed in a permanent conservation easement or other restrictive
<br />easement designed to protect Portsmouth's potable water reservoirs; and that the
<br />property will be managed and maintained to prevent sedimentation and pollution of
<br />Portsmouth's potable water reservoirs.
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<br /> BE IT FURTHER RESOLVED that the City Manager be, and he hereby is,
<br />authorized to accept a deed from the Commonwealth of Virginia for the following
<br />described property, to-wit:
<br />
<br /> Being as shown on Sheet 7D of the plans for Route 58, State Highway Project
<br />6058-061-105, RW-201, and being the land comprising Lot # 1, beginning at a point
<br />approximately 250 feet opposite approximate Station 332+90 (EBL centerline, Route
<br />58). Thence from the point thus established the following courses and distances: S 37°
<br />08' 13" E, 1,591.96 feet; thence, S 34° 25' W, 123.23 feet; thence, S 41° 48' W, 259.00
<br />feet; thence, S 74° 28' W, 232.00 feet; thence, N 40° 52' W, 120.50 feet; thence, S 86°
<br />34' W, 98.00 feet; thence, S 50° 35' W, 111.00 feet; thence, S 19° 12' W, 38.02 feet;
<br />thence, N 88° 08' W, 30.00 feet; thence, S 3° 52' W, 113.00 feet; thence, S 44° 04' W,
<br />95.00 feet; thence S 1° 53' W, 124.00 feet; thence, S 70° 11' W, 109.50 feet; thence, S
<br />26° 07' W, 24.70 feet; thence, S 88° 23' W, 55.00 feet; thence, S 36° 43' W, 158.00 feet;
<br />thence, N 85° 46' W, 90.00 feet; thence, S 28° 51' W, 82.00 feet; thence, S 56° 24' W,
<br />242.28 feet; thence, N 11° 40' 57" E, 486.98 feet; thence, N 11° 37' 57" E, 858.67 feet;
<br />thence, N 11° 35' 04" E, 268.88 feet; thence, N 11° 48' 24" E, 336.97 feet; thence N 11°
<br />31' 24" E, 241.31 feet; thence, N 11° 34' 15" E, 194.15 feet to the point of beginning,
<br />containing 32.464 acres, more or less.
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<br /> Said deed shall provide for the following: (1) It is to be understood and agreed by
<br />and between the parties to said deed, that said conveyance is to be subject to any right,
<br />privilege, or easement encumbering the herein described land, whether located above,
<br />upon, or under the surface, either presently in use or of record; (2) It is to be further
<br />understood and agreed by and between the parties hereto, that should the City of
<br />Portsmouth's use of the property become unnecessary by virtue of the uses being
<br />abandoned that such land will revert back to the Commonwealth, and (3) The City of
<br />Portsmouth shall continue to have the right of ingress/egress to the property herein
<br />conveyed across and through Virginia Department of Transportation's dirt service road
<br />running from Route 639 and fronting the property herein conveyed.
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