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1.2 <br /> <br />LeQal DescriDti0n of ProPerty. 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'S. 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 />respect to off-property road improvements, this Consent <br />Agreement shall not affect any land other than the Property. <br /> <br />1.3 <br /> <br />Aooroved Use and Densi~. This Consent Agreement shall vest, <br />with respect to the Pro.]ect, the total number of subdivided, single <br />family residential lots and townhomes, consisting of an overall <br />maximum density not to exceed 2.8:[ for the single family detached <br />units per gross acre of the Property and 8 un~ts per acre for the <br />townhomes, providing that the proposed use meets the definition <br />of a mixed use development per Chapter 2, Section 2-2 of the <br />Cabarrus County Zoning Ordinance. The Standard maximum <br />density is 6 units to the acre. <br /> <br />1.4 <br /> <br />Confiauration of Development. The configuration of the Project is <br />vested, as shown generally on a project plan, copies of which are <br />attached hereto as Exhibit B and incorporated herein by this <br />reference (the "Project Plan'S); the Project Plan is subject to revision <br />in accordance with the provisions of the Subdivision Reoulations <br />and Cabarrus County Zoning Ordinance. The Project Plan shall <br />reflect the general location of roads and configuration of lots for <br />the Project as shown on Exhibit B; subject to rewsion in accordance <br />with the provisions of the Subdivision ReQulal;ion~ and Zoning <br />Ordinance. <br /> <br />1.5 <br /> <br />Specific Conditions. The approval and development of this Project <br />is subject to the following conditions as agreed upon by the <br />Developer and Cabarrus County Board of Commissioners: <br /> <br />A) Payment of $1008 per single family lot, to advance school <br /> adequacy. Total payment for the current Project is $221,760. <br />B) Payment is to be made at the issuance of Building Permitting. <br /> <br />2. Summary of Cabarrus County Determinations Relating to the <br />Project. <br /> <br /> The Board of Commissioners of Cabarrus County, acting in its legislative <br />capacity, has made the following determinations with respect to the Project, <br />including all findings of fact and law as are necessary to make each of the <br />following determinations: <br /> <br />2.1 County Determinations RelaUno to the Proiect. <br /> <br />2.1.1 Permit Aoorovals. The Project has received an approval <br /> recommendation, with the conditions staff recommended, on <br /> the preliminary plat by action of the Midland Planning and <br /> Zoning Commission taken on ,lune 1st, 2004. <br /> <br />2.2 Vested Riqh~ and Reserved Leeislative Powem. <br /> <br />2.2.1 ~. Subject to Section 2.2.2, the Project shall <br /> have the vested right to have subdivision plats approved and <br /> to develop and construct the Project in accordance with the <br /> <br />2 <br /> <br /> <br />