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<br /> <br />CONSENT AGREEMENT <br />FOR THE POINTE AT ST.ANDREWS SUBDIVISION DEVELOPMENT <br />FOR CABARRUS COUNTY <br /> <br />THXS CONSENT AGRBBKBNT is entered into as of this 21 stdayof February, by <br />and among TWAM,LLC, with his principal place of buiiness at P.O.-BOX 1111, <br />Concord, NC 28026-1111 the owners of the project more fully defined below <br />("Developer") and Cabarrus County. North Carolina, a,political subdivision of <br />the State of North Carolina, with its principal place of business at 65 Church <br />Street, SE, Concord, North Carolina 28025 (hereafter, the "County- or "Cabarrus <br />County.) by and through its Cabarrus County Board of Commissioners. <br /> <br />RECITALS: <br /> <br />A. Developer is the owner of approximately 13.6 acres of real property <br />located in Cabarrus County, and has proposed the develop~ent of a subdivision <br />in that location with a maximum of 42 single family lots, currently known as <br />the Pointe at St. Andrews sUbdivision project (the "project"), to be <br />constrUcted in multiple phases. ' <br /> <br />B. The project,is subject to the Adequate Facilities provisions of the <br />Cabarrus County Subdivision ordinance,Chapter4 Section 17, Section 66-8l,and <br />to best knowledge of the County, has been revi,ewed by all'public agencies which <br />may potentially serve the project and its future residents. <br /> <br />C~ Developer is willing to advance public services and facilities for the <br />project and to agree to certain other considerations toaddressCabarrus County <br />adequate facility standards and advance these services and facilities. <br /> <br /> <br />D. Cabarrus County, acting pursuant to its authority under G.S. l53A-330 <br />to 335, and the applicable provisions of the Cabarrus County Subdivision <br />Regulations, has made certain determinations with respect.to the proposed <br />project, and, in the exercise of .its legislative discretion, has elected to <br />process the Project, resulting in the negotiation, consideration and approval <br />of this Consent Agreement after all necessary hearings. <br /> <br />CABARRUS COUNTY AND THE DEVELOPER HEREBY AGREE AS FOLLOWS: <br /> <br />1. The Project <br /> <br />1.1: Description of Project. The pointe at St. Andrews Subdivision Project <br />covered by this Consent Agreement presently consists of a single-family <br />. subdivision, presently consisting of 42 single-family lots located on <br />approximately 13.6 acres in Cabarrus County, North Carolina. At the time of <br />initial approval of the project, the project may not exceed 3.08 units per <br />.gross acre of the Property,asset forth in Bxhibit A, attached to this <br />Agreement and incorporated as. if more fully set forth herein. Any changes in <br />such approval .must be approved in accordance with the Cabarrus County zoning <br />Ordinance or its successor in interest. <br /> <br />1. 2 Legal DescriPtion of property. The map descripti.on of the 'land <br />covered by the Project is attached hereto as Bxhibit B and incorporated into <br />.~h~s Consent Agreement by this reference (the "property.). No property may be <br />added to the map description for purposes of this Consent Agreement, except by <br />written amendment. Except as expressly set forth in this Agreement with <br /> <br />