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<br />-",' <br /> <br />CONSENT AGREEMENT <br />FOR THE Pleasant Oaks DEVELOPMENT <br />FOR CABARRUS COUNTY <br /> <br />Tars CONSENT AGRBBMBNT is entered into as of this ' day of <br />and among Kiser Development" Co., with its principal place of business at <br />Brantley Rd., Kannapolis, NC 28083 the' owners of the project more fully <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, <br />"CountY"" or "Cabarrus ,county") by and through its Cabarrus County Board of <br />Commissioners. <br /> <br />, by <br />1400 <br />defined <br /> <br />the <br /> <br />RECITALS. <br /> <br />A. Developer is the owner of approximately 85.70 acres of real property <br />located in the Cabarrus,County, Cabarrus County, and has proposed the <br />development of a subdivision in that location with a maximum of 170 single <br />family lots, currently ,known as the Pleasant Oaks subdivision project (the <br />"Project"), -to be constructed in, multiple phases. <br /> <br />B. The Project is subject ,to the Adequate Facilities Provisions of the <br />Cabarrus County Subdivision Ordinance, Chapter 4 Section 17, and to best <br />knowledge of the ,County, has been reviewed by a1l- public agencies which may' <br />potentially serve the project and its fu~ure residents. <br /> <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 />~dequate facility standards and advance these services and facilities. <br /> <br />D. Cabarrus County, acting-pursuant to its authority under G.S. 153A-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 olits- 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 Proj Bet <br /> <br />1.1 Description of Proiect. The pleasant Oaks project covered by this <br />Consent Agreement consists of a single-family subdivision with 170 lots located <br />onapproximatel-y 85.70 acres in Harrisburg,_ North Carolina and has a density <br />not exceed 1.98 as ShoWn on the approved preliminary subdivision plan. Any <br />changes in such approval must be approved in accordance with the Cabarrus <br />County Zoning and Subdivision ordinannce or_its successor in interest. <br /> <br />1.2 Leqal Description of Property. The map description of the land <br />covered by the project is attached hereto as Exhibit A and incorporated into <br />this 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 />respect to off-property road improvements, this Consent Agreement shall not <br />affect any land other than the Property. <br /> <br />1.3 Approved Use and Density. This Consent Agreement shall recognize, with <br />respect to the_ Project, the total number of subdivided, single family <br />residential lots, consisting of an overall maximum density not to exceed 1.98 <br /> <br />1="-1 <br />