October 12, 2021
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<br /> 5. That Adams Outdoor Advertising is hereby granted a use permit pursuant
<br />to Section 40.2-533 of the Code of the City of Portsmouth, Virginia to convert an existing
<br />back-to-back static billboard into a back-to-back digital billboard of substantially the same
<br />size and placement at 5720 High Street (Tax Parcel 0809-0100), being more particularly
<br />described as:
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<br />UP-21-14
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<br />5720 High Street
<br />(Tax Parcel 0809-0100)
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<br />(1) ALL THAT certain piece or parcel of land, situate in Churchland, in the City of
<br />Portsmouth, Virginia (formerly Western Branch Magisterial District of Norfolk County,
<br />Virginia) and bounded and described as follows, to wit: Beginning at a point in the eastern
<br />line of the right of way of the Atlantic Coast Line Railroad distant S. 13° 59’ W. 242.07
<br />feet from the southern side of Old Route 17, which point of beginning is also the southwest
<br />corner of the property conveyed by Boyette-Madden Oil Company, Incorporated to Robert
<br />W. Adams and Harold D. Taylor by deed dated July 27, 1961, and recorded in the Clerk’s
<br />Office of the Circuit Court of Chesapeake, Virginia (formerly Norfolk County) in Deed Book
<br />1328, page 256, and from thence running S. 76° 01’ E. along the line of the property of
<br />the said Adams and Taylor 103.16 feet to the property now or formerly belonging to
<br />Phillips Petroleum Company; thence S. 13° 59’ W. 32.16 feet along said Phillips
<br />Petroleum Company line; thence still along said Phillips Petroleum Company line S. 41°
<br />47’ E. 67.05 feet, thence along the line of the land now or formerly belonging to Henry W.
<br />MacKenzie, Jr., S. 48° 03’ W. 432.46 feet (erroneously listed in a previous deed as then
<br />48” 03’ W. ___ feet) to the right-of-way of the Atlantic Coast Line Railroad; and thence N.
<br />13° 59’ E. along said right-of-way 303.2 feet to the point of beginning; save and except
<br />that portion of said property which was acquired by the Commonwealth of Virginia for the
<br />Churchland By-Pass, shown on a plat recorded in State Highway Book 1, page 476; and
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<br />(2) ALL THAT certain piece and parcel of land, situate in the City of Portsmouth, Virginia
<br />as set forth and described on that certain plat entitled, “Plat Showing former CSX Rail
<br />Right-of-way (Pig Point Branch) to be conveyed to Ernest D. Lemonds, Sr., Portsmouth,
<br />Virginia”, dated August 13, 1990, made by Horton & Dodd, P.C., Surveyor-Engineer-
<br />Planner, Chesapeake, Virginia, which said plat is duly recorded with the deed from the
<br />City of Portsmouth to the Industrial Development Authority of the City of Portsmouth
<br />bearing date of August 21, 1990, and duly recorded in the Clerk’s Office aforementioned
<br />to which plat reference is hereby made for a more particular description of the said
<br />property being more particularly described as follows, to wit:
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<br />Beginning at a pin, located at the north right-of-way line of High Street West, which said
<br />point is the intersection of said right-of-way line and the western line of the property of
<br />Ernest D. Lemonds, Sr., as shown on said plat, thence along the north right-of-way line
<br />of High Street West N 85° 44’ 12” W 25.02’ to a pin located at the point where the center
<br />line of the former CSX Railroad Right-of-way intersects the north right-of-way line of High
<br />Street West; thence along the center line of the former CSX Right-of-way N 06° 27’ 55” E
<br />195.64’ to a pin; thence S 83° 32’ 05” E 25.00’ to a pin located on the western line of the
<br />property of Ernest D. Lemonds, Sr.; thence along the western line of the property of Ernest
<br />D. Lemonds, Sr., S 06° 27’ 55” W 194.68’ to a pin located on the north side of the right-
<br />of-way of High Street West, the point of beginning.
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<br />IT BEING all that certain property conveyed by that certain Deed of Bargain and Sale
<br />from Savannah May, LLC to TowneBank dated August 24, 2015 and recorded in the
<br />Portsmouth Circuit Court Clerk’s Office as Instrument Number 150008123.
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<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:
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