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September 9, 2025
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<br /> 3. That it has considered the imposition of conditions regarding the location,
<br />character, and other features of the proposed use and finds and determines that the
<br />conditions imposed by this Resolution are necessary to ensure compliance with the
<br />general intent and purposes of the Zoning Ordinance and to prevent or minimize adverse
<br />effects from the proposed use.
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<br /> 4. That based on its review and consideration, it has determined that the use
<br />GRANTED WITH CONDITIONS
<br />permit requested by the subject application should be
<br />as provided in this Resolution.
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<br /> 5. That a use permit is hereby granted pursuant to Section 40.2-533 of the
<br />Code of the City of Portsmouth, Virginia to operate a parking facility at 2000 Harper
<br />Avenue, the said property being more particularly described as:
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<br />UP-25-06
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<br />2000 Harper Avenue
<br />(Tax Parcel 0135-0070)
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<br />ALL THAT certain tract, piece or parcel of land with the improvements thereon and the
<br />appurtenances thereunto pertaining, including all rights-of-way, riparian rights,
<br />easements in any way appertaining, situate, lying and being in Pinners Point in the City
<br />of Portsmouth, Virginia, more particularly bounded and described as follows:
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<br />BEGINNING at an iron pipe on the eastern right-of-way of the Elizabeth River Tunnel
<br />Commission’s Portsmouth approach, which point is located South 38 degrees 13’ 40”’
<br />East 4.21 feet from the northeast corner of said Commission’s property marked by a
<br />concrete monument with coordinates N 194, 156.960 E2, 635,062.624 (Horizontal Control
<br />Virginia State Coordinate System South Zone); thence northeasterly along the southern
<br />boundary of the 50 ft. Harper’s Road easement on a curve to the right, having a radius of
<br />466.57 feet, 138.10 feet to an iron pin; thence North 68 degrees 43’ 52” East 1,668.76
<br />feet, to an iron pin; thence northeasterly on a curve to the right, having a radius of
<br />2,657.95 feet, 296.90 feet to an iron pin; thence North 75 degrees 07’ 52” East, 1,376.50
<br />feet to an iron pin; thence South 54 degrees 29’ 39” East, 771.08 feet to the mean low
<br />water mark of Scott’s Creek; thence Westerly along the mean low water line of Scott’s
<br />Creek to a point where the mean low water line meets the northern right-of-way of Downie
<br />Avenue recorded in M.B. 4, page 59. City of Chesapeake Circuit Court; thence North 80
<br />degrees 21’ 90” West 200 feet, more or less, along the right-of-way of Downie Avenue to
<br />an iron pin; thence South 54 degrees 32’ 51” West 194.27 feet to an iron pin in the eastern
<br />right-of;way of the Elizabeth River Tunnel Commission Portsmouth approach; thence
<br />along the last mentioned right-of-way North 06 degrees 26’ 48” West 124.17 feet to an
<br />iron pin; thence North 38 degrees 13’ 40” West 54.21 feet to the point of beginning;
<br />containing a total of 33.43 acres, more or less, of which 28.35 acres, more or less, are
<br />Highland and being shown as Parcel 2 on print drawing entitled “Plat of Property of
<br />Seaboard Coast Line Railroad Company situated in Pinner’s Point, Portsmouth, Virginia”
<br />dated October 7, 1977, last revised December 5, 1977, made by Langley, McDonald and
<br />Overman, which is attached to a certain deed from Seaboard Coast Line Railroad
<br />Company to Portsmouth Port and Industrial Commission dated December 16, 1977, and
<br />recorded in the Clerk’s Office of the Circuit Court of the City of Portsmouth, Virginia, in
<br />Map Book 10, page 40A, B & C.
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<br />SAVE AND EXCEPT therefrom those certain parcels of land conveyed to the City of
<br />Portsmouth by deed dated February 22, 1985, recorded in Deed Book 915, page 53, in
<br />the aforesaid Clerk’s Office; to the CF Partnership by deed dated May 1, 1986 recorded
<br />in Deed Book 958, page 301 (Site B) in the aforesaid Clerk’s Office; and to Moon
<br />Engineering Company Incorporated by deed dated December 21, 1987, recorded in Deed
<br />Book 1000, page 78, in the aforesaid Clerk’s Office.
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<br />IT BEING Parcel 3 of that certain property conveyed to Earl Industries, L.L.C. by Deed
<br />from Harper Avenue, L.L.C. dated June 30, 2011 and recorded in the Clerk’s Office of the
<br />Circuit Court for the City of Portsmouth, Virginia as Instrument Number 110006143.
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