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AG 2007 12 17
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AG 2007 12 17
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Last modified
2/1/2009 12:18:45 PM
Creation date
11/27/2017 11:32:15 AM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
12/17/2007
Board
Board of Commissioners
Meeting Type
Regular
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CONSENT AGREEMENT <br />FOR THE ROCKY GLEN DEVELOPMENT <br />FOR CABARRUS COUNTY <br />THIS CONSENT AGREEMENT is entered into as of this December 17, 2007, by and <br />among Randall T. Scribner, with its principal place of business at 9110 French <br />Fields Lane, Harrisburg, NC 26075, the owners of the project more fully defined <br />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 28025 (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 +/-35.989 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 99 single-family lots, currently <br />known as the Rocky Glen subdivision project (the "Project"), to be constructed <br />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 />io 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 />CABARRUS COUNTY AND THE DEVELOPER HEREBY AGREE AS FOLLOWS: <br />1. Tha Project <br />1.1 Description of Project. The Rocky Glen Project covered by this Consent <br />Agreement consists of a single-family subdivision with 99 lots located on <br />approximately +/- 35.969 acres in Cabarrus County, North Carolina and has a <br />density not to exceed 1.36 as shown on the approved preliminary subdivision <br />plat. Any changes in such approval must be approved in accordance with the <br />Cabarrus County Zoning Ordinance or its successor in interest. <br />1.1A. Timing and Phasinq 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 (their) successors and assigns, agrees that homes within the <br />Project shall become available for occupancy upon the rate, time frame, or <br />schedule set forth hereinafter, the total number of which may be accumulated <br />(i.e. the total number of homes available for occupancy in a subsequent year or <br />N-~ <br />
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