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September 26, 2017 UP-17-09 801 London Boulevard (Tax Parcel 0024-0900) ALL THAT certain piece or parcel of land, with its appurtenances, situate in the City of Portsmouth, Virginia, and bounded and described as follows, to-wit: BEGINNING at an iron pin on the west side of Effingham Street at a point 20 feet south of the southwest intersection of Effingham Street and London Boulevard, as said intersection existed before the conveyance of a triangular parcel of land at said intersection by Jefferson B. Brown and wife to the City of Portsmouth for street widening purposes by deed dated December 13, 1966, and recorded in the Clerk’s Office of the Circuit Court of the City of Portsmouth in Deed Book 480, page 462, and from thence running due south along the west side of Effingham Street 141.62 feet to an iron pin; thence N. 89° 31’ W. 87.97 feet to an iron pin; thence S. 10’ 30” E. 64 feet to an iron pin on the north side of Queen Street; thence N. 89° 31’ W. along the north side of Queen Street 92 feet to an iron pin; thence N. 07° 15’ W. 113.09 feet to an iron pin; thence N. 89° 33’ W. 60 feet; thence N. 0° 02’ E. 113 feet to an iron pin on the north side of London Boulevard; thence S. 89° 25’ E. 223.95 feet along the north side of London Boulevard to an iron pin at the northwest corner of the aforesaid triangular parcel of land conveyed by Jefferson B. Brown and wife to the City of Portsmouth; and thence S. 38° 25’ 55” E. 25.74 feet to the point of beginning. IT BEING the same property conveyed to Franchise Realty Interstate Corporation by Deed of Bargain and Sale from James W. Holley, III and Mary W. Holley dated February 11, 1977 and recorded in the Portsmouth Circuit Court Clerk’s Office in Deed Book 699 at Page 114. McDonald’s Corporation is the successor by merger to Franchise Realty Interstate Corporation as evidenced by that Certificate of Merger attached to that certain Special Warranty Deed recorded in the Portsmouth Circuit Court Clerk’s Office in Deed Book 1019 at Page 889. 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 backlit signage, including without limitation its location, shall be in substantial compliance with the elevations prepared by AECOM/URS dated May 18, 2017, as approved by the Planning Director, except where modifications may be required to comply with City Code and/or Zoning Ordinance requirements not hereby waived. (b) The applicant shall obtain and keep current any required operating licenses, approvals and permits and shall operate in accordance with all applicable federal, state and local regulations. (c) All taxes/fees associated with the property and/or the use shall be paid when due. REVOCATION OF PERMIT: 4. Violation of any of the above conditions may serve as grounds for revocation of the use permit by City Council.” Ayes: Cherry, Clark, Lucas-Burke, Moody, Psimas, Whitaker, Rowe Nays: None - City Manager’s Report - 17 - 424 - Adoption of an ordinance appropriating $43,529,572 by classification to the FY 2018 Operating Budget for the Portsmouth Public Schools to implement the second quarter of the annual budget. Background:  On May 9, 2017, City Council approved the FY 2018 School Board Operating Budget of $192,985,789 and adopted the first quarterly budget operating appropriation of $43,529,572 and $18,867,500 for the fiscal year for the grant fund.  Funding for the second quarter of the school budget from October 1, 2017- December 31, 2017 must now be appropriated.