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October 9, 2018 ALL THAT certain lot, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, being and situate in the city of Portsmouth, Virginia, and shown and identified as “Now or Formerly Frances W.J. Beck, et. als/Inst. #WF001511/Tax ID: 07220030” on that certain survey titled “Survey of Property of Frances W.J. Beck, Et Als./Inst. #WF001511)/Portsmouth, Virginia” prepared by Rouse- Sirine Associates, Ltd., dated October 19, 2007, revised November 29, 2017, and attached to Portsmouth Circuit Court Instrument Number 180002356 as Exhibit A. The property is more particularly described as follows, with reference to the survey: COMMENCING at a point at the intersection of the northern right-of-way line of West Norfolk Road and the northern line of the property of Commonwealth Railway, Incorporated (former 50’ wide Railroad Right-of-Way); thence from said point of commencement running along the northern line of the Commonwealth Railway, Incorporated property, N 80°31’17”W a distance of 142.65 feet to a point marked by a steel pin, the point of beginning; thence from said point of beginning, continuing along the northern line of the property of Commonwealth Railway, Incorporated N80°31’17”W a distance of 318.83 feet to a point marked by a steel pin; thence turning and running, leaving the aforesaid Commonwealth Railway, Incorporated property N78°42’39”E a distance of 325.42 feet to a point marked by a concrete monument; thence turning and running S02°17’12”W a distance of 116.30 feet to a point marked by a steel pin in the northern line of the property of Commonwealth Railway, Incorporated (former 50’ wide Railroad Right-of-Way), the point of beginning. The above-described property contains 18,394 square feet or 0.4223 acre. IT BEING all that certain property conveyed to City of Portsmouth, Virginia by Deed of Bargain and Sale from Frances W.J. Beck, Mary Wellford Johnston and Susan J. Bradshaw by Deed dated March 9, 2018 and recorded in the Portsmouth Circuit Court Clerk’s Office as Instrument Number 180002356. 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 location of the tower and general layout shall be generally in conformity with the plans prepared by KCI Technologies and Motorola Solutions and dated June 14, 2018 (Engineer’s seal), except for minor modifications approved by the Director of Planning or where modifications may be required to comply with the requirements of the City Code. (b) The height of the communications tower structure shall not exceed 300 feet measured from the ground surface immediately adjacent to the tower, excluding appurtenances and any requirements of the FAA. (c) A Type B bufferyard as set forth in Section 40.1-5.2(E) of the Portsmouth City Code shall be provided around the tower’s equipment compound where visible from off-site, except at the gate which must be screened in a manner acceptable to the Director of Planning. In addition any generator located on the tower site must be equipped with a sound reduction cover to mitigate any noise impacts on nearby properties. (d) Any obstruction lighting shall be installed, operated and maintained in accordance with FAA recommended standards. (e) The tower shall be developed so as not to interfere with the trailhead of the Rails to Trails project and all consideration shall be given to access to the Rails to Trails trail in preparing the site plan for the tower. 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: Clark, Lucas-Burke, Moody, Psimas, Smith, Rowe Nays: None