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<br />January 27.2009 <br /> <br />SAVE and EXCEPT (1) those certain areas designated as "Parcel L" and "Parcel M" on <br />the Survey, (2) the area between said parcels "L" and "M" and Frederick Boulevard and <br />Turnpike Road shown on the Survey as to be dedicated for right of way, and (3) that <br />certain area lying between "Parcel L" and "Parcel M" and shown on the survey as a <br />portion of "2-Way Street (88' RIW) Main St. No.1". Said property is more particularly <br />described as follows, with partial reference to the Survey: <br /> <br />COMMENCING at a point in the northern line of the CSX Railroad 100' RIW as shown <br />on the Survey 1,544.43' east of the northeastern intersection of the CSX Railroad 100' <br />RIW and Frederick Boulevard; thence along the northern line of the CSX 100' RIW as <br />shown on the Survey S 62047'31" W 1152.23', more or less, to the southeastern most <br />intersection of the southern line of "Parcel J" and the CSX Railroad 100' RIW, as shown <br />on the Survey; thence along the southern line of "Parcel J" N 55020'43" W 235.59', more <br />or less, to a point as shown on the Survey; thence along the northern line of "Parcel L" <br />S 59012'03" W 20.00', more or less, to a point as shown on the Survey; thence along <br />the northeastern line of "Parcel L" N 30047'57" W 121.79', more or less, to the <br />southeastern terminus of Curve C 125 as shown on the Survey; thence northwesterly <br />along the northeastern line of "Parcel L" following Curve C125 to the eastern terminus of <br />Curve C109 as shown on the Survey; thence northwesterly in a straight line from the <br />eastern terminus of Curve C 109 as shown on the Survey to the northern terminus of <br />Curve C104 as shown on the Survey; thence along the northeastern line of "Parcel M" <br />as shown on the Survey extended N36011 '28" W 293', more or less, to a point in the <br />existing southern line of Turnpike Road; thence along the southern line of Turnpike <br />Road to a point in the southern line of Turnpike Road 5' to the northeast of the <br />northeasternmost point of the intersection of the property shown on the Survey with the <br />southern line of Turnpike Road; thence running parallel and 5' to the east of the eastern <br />line of the "2-Way Street (50' RIW) Turnpike Entrance St. No.3" shown on the Survey to <br />a point 5' to the southeast of the southern boundary of the line identified as "L=20.71" <br />on the Survey; thence along the eastern line of the property shown on the Survey S <br />2r12'21" E 103.86', more or less, to a point shown on the Survey; thence along the <br />eastern line of the property shown on the Survey S 2r12'29"E 284.52', more or less, to <br />the northwestern terminus of Curve C130 as shown on the Survey; thence following <br />Curve C130 southeasterly along the eastern line of the property shown on the Survey; <br />thence S 2r12'29" E 182.85', more or less, to the northern line of the CSX Railroad <br />100' RIW as shown on the Survey. <br /> <br />IT BEING the central and eastern portion of the now or former site of Jeffry Wilson <br />Housing Park and a portion of the now or former site of the S.H. Clarke Academy. <br /> <br />WHEREAS, the Planning Commission has reviewed the submitted application <br />and site plan and has recommended conditional approval of said application; and <br /> <br />WHEREAS, the applicants have been informed that approval of the housing <br />permit pursuant to Section 40-116 only grants an exemption from certain requirements <br />for residences as stated in said section and does not constitute a waiver of any other <br />requirement embodied in the City Subdivision Ordinance, the City Zoning Ordinance, or <br />any other applicable local, state or federal law or regulation; and <br /> <br />WHEREAS, the applicant is aware that building permits and any other required <br />permit will be issued only upon compliance with the ordinances, laws or regulations <br />applicable thereto. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br /> <br />1. That, coupled with the terms imposed by paragraph 2 hereof, the following <br />conditions exist: <br /> <br />(a) The proposed project is compatible with surrounding land uses; <br />