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AG 2008 02 18
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AG 2008 02 18
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8/6/2009 10:56:29 AM
Creation date
11/27/2017 11:27:58 AM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
2/18/2008
Board
Board of Commissioners
Meeting Type
Regular
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CONSENT AGREEMENT <br />FOR THE HAWKS RIDGE SUBDIVISION DEVELOPMENT <br />FOR CAHARRUS COUNTY <br />THIS CON3ENT AGREEMENT is entered into as of this 18 ~^ day of February, 2006 by <br />and among Randall T. Scribner, with its principal place of business at 9110 <br />French Fields Lane, Harrisburg, NC 28075, the owners of the project more fully <br />defined below ("Developer") and Cabarrus County, North Carolina, a political <br />subdivision of the State of North Carolina, with its principal place of <br />business at 65 Church Street, SE, Concord, North Carolina 26026 (hereafter, the <br />"County" or "Cabarrus County") by and through its Cabarrus County Board of <br />Commissioners. <br />RECITALS: <br />A. Developer is the owner of approximately +/-112.9 acres of real <br />property located in Cabarrus County, and has proposed the development of a <br />subdivision in that location with a maximum of 164 single-family lots, <br />currently known as the Hawks Ridge Subdivision Project (the "Project"), to be <br />constructed in multiple phases. <br />B. The Project is subject to the Adequate Facilities Provisions of the <br />Cabarrus County Subdivision Ordinance, Chapter 9 Section 17, and Chapter 15 and <br />to best knowledge of the County, has been reviewed by all public agencies which <br />may potentially serve the Project and its future residents. <br />C. Developer is willing to advance public services and facilities for the <br />Project and to agree to certain other considerations to address Cabarrus County <br />adequate facility standards and advance these services and facilities. <br />D. Cabarrus County, acting pursuant to its authority under G.S. 153A-330 <br />to 335, Session Law 2009-39 and the applicable provisions of the Cabarrus <br />County Subdivision Regulations, has made certain determinations with respect to <br />the proposed Project, and, in the exercise of its legislative discretion, has <br />elected to process the Project, resulting in the negotiation, consideration and <br />approval of this Consent Agreement after all necessary hearings. <br />CAHARRUS COUNTY AND THE DEVELOPER HEREBY AGREE AS FOLLOWS: <br />The Project. <br />1.1 Description of Project. The Hawks Ridge Subdivision Project covered by <br />this Consent Agreement consists of a single-family subdivision with 164 lots <br />located on approximately +/-112.9 acres in Cabarrus County, North Carolina and <br />has a density not to exceed 1.95 as shown on the approved preliminary <br />subdivision plat. Any changes in such approval must be approved in accordance <br />with the Cabarrus County Zoning Ordinance or its successor in interest. <br />1.1A. Timing and Phasing of Project. Absent a separate agreement by and between <br />Developer, its successors or assigns, and the County formally approved by the <br />Board subsequent to this Consent Agreement, Developer, on its own behalf and <br />that of its successors and assigns, agrees that homes within the Project shall <br />become available for occupancy upon the rate, time frame, or schedule set forth <br />hereinafter, the total number of which may be accumulated (i.e. the total <br />number of homes available for occupancy in a subsequent year or years shall <br />G-3 <br />
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