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CONSENT AGREEHENT <br />FOR THE PEACH ORCHARD ESTATES DEVELOPI~ENT~ <br />FOR CABARRUS COUNTY <br /> <br />This Consent Agreement is entered into as of this 16th day of February, by <br />and among Hayden McMahon Development, the owners ("Developer'g 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 />RECI'I'ALS: <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 139 single family lots in the Peach Orchard Estates project (the "Project'g, <br />to be constructed in multiple phases. <br /> <br /> B. The Project is subject to the Adequate Facilities Provisions of the <br />Cabarrus County Subdivision Regulations, 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 County, acting pursuant to its authority under G.S. 153A-330 <br />to 335, and the Subdivision ReQulations. 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 alter all necessary heanngs. <br /> <br /> CABARRUS COUNTY AND THE DEVELOPER HEREBY AGREE AS <br />FOLLOWS: <br /> <br />1. The Project <br /> <br />1.1 <br /> <br />Description of Profect. 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. Any chanoes <br />must be in accordance with the Cabarrus County Subdivision <br />Regulations and Zoning Ordinance. and may not to exceed 1.83 <br />units Der oross acre of the Property. [Attachment] <br /> <br />1.2 <br /> <br />I,eaal Descriotion of Prooertv. The map descripUon 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'g. 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 /> <br />