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<br />J..36ZZ. <br /> <br />. BOOK 5286 f~GE 271 <br /> <br />CABARRUS COUllTY <br />FILED <br />04/29/2004 9:17 AM <br />LINDA F. MCABEE <br />Regi~ter O~~Deeds <br />By. 1"'lNI- Deputy/Asst. <br />ExcrSE TAX $0.00 <br /> <br />CONSENT AGREEMENT <br />FOR THE PEACH ORCHARD ESTATES DEVELOPMENT, <br />FOR CABARRUS COUNTY <br /> <br />This Consent Agreement is entered into as of this 16th day of Februarv. by <br />and among Hayden McMahon Development, the owners ("Developer") of the <br />Project and Cabarrus County, a political subdivision of the State of North <br />Carolina, by and through its Cabarrus County Board of Commissioners. <br /> <br />RECITALS: <br /> <br />A. Developer Is the owner of approximately 75.86 acres of real property <br />located in Cabarrus County, and has proposed the development of a subdivision <br />with ~137 single family lots in the Peach Orchard Estates project (the "Project"), <br />to be constructed in multiple phases. <br /> <br />B. The Project is subject to the Adequate Fadlities Provisions of the <br />Cabarrus County Subdivision Reauiations. Section 66-81, and has been reviewed <br />by all public agencies which may potentially serve the project and its future <br />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 />and advance these services and facilities. <br /> <br />D. Cabarrus Couhty, acting pursuant to its authority under G.S. 153A-330 <br />to 335, and the Subdivision Reoulations. has made certain determinations with <br />respect to the proposed Project, and, in the exercise of its legislative discretion, <br />has elected to process the Project, resulting in the negotiation, consideration and <br />approval of this Consent Agreement after all necessary hearings. <br /> <br />CABARRUS COUNTY AND THE DEVELOPER HEREBY AGREE AS <br />FOLLOWS: <br /> <br />1. The Project <br /> <br />1.1 Descriotion of Project. The Peach Orchard Estates Project covered. <br />by this Consent Agreement presently consists of a single family lot <br />subdivision located on approximately 75.86 acres. Anv chanaes <br />must be in accordance with the Cabarrus County Subdivision <br />Reaulations and Zonino Ordinance. and mav not to exceed 1.83 <br />units oer oross acre of the Prooertv. [Attachment] <br /> <br />1.2 Leoal Descriotion of Prooertv. The map description of the land <br />covered by the Project is attached hereto as Exhibit A and <br />incorporated into this Consent Agreement by this reference (the <br />"Property"). No property may be added to the map description for <br />purposes of this Consent Agreement, except by written <br />amendment. Except as expressly set forth in this Agreement with <br /> <br />1 <br /> <br />G,.-3 ;, <br />