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<br />CONSENT AGREEMENT <br />FOR THE FENTON DELL PHASE II AND III SUBDIVISION, <br />FOR CABARRUS COUNTY <br /> <br />This Consent Agreement is entered into as of this 18th day of October by and <br />among CF Little Construction Company, the owners ("Developer") of the Project <br />and Cabarrus County, a political subdivision of the State of North Carolina, by <br />and through its Cabarrus County Board of Commissioners. <br /> <br />RECITALS: <br /> <br />A. Developer is the owner of approximately 39.05 acres of real property <br />located in Cabarrus County, and has proposed the development of a subdivision <br />with 55 single family lots in the Fenton Dell Phase II and III 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 the Town of <br />Harrisburg Unified Development Ordinance Article 14, and has been reviewed by <br />all public agencies whiCh may potentially serve the project and its future <br />residents. <br /> <br /> <br />.j <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 Resolution 2003-26 has made certain determinations with respect to <br />the proposed Project, and, in the exercise of its legislative discretion¡ has elected <br />to process the Project, resulting in the negotiation, consideration and approval of <br />this Consent Agreement after all necessary hearings. <br /> <br />CABARRUS COUNTY AND THE DEVELOPER HEREBY AGREE AS <br />FOLLOWS: <br /> <br />1. <br /> <br />. . <br /> <br /> <br />The Project <br /> <br />1.1 <br /> <br />. DescriDtion of Project. The Fenton Dell Phase II and III Project <br />covered by this Consent Agreement presently consists of a 55 <br />single family lot subdivision located on approximately 39.05 acres. <br />AnY chanaes must be in accordance with the Town of Harrisbura <br />Unified DeveloDment Ordinance (UDQ) and may not exceed 1.4 <br />units Der gross acre of the ProDertv. [Attachment] <br /> <br />1.2 <br /> <br />Legal Description of PrODertv. 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 />respect to off-property road improvements, this Consent <br />Agreement shall not affect any land other than the Property. <br /> <br />ApDroved Use. and Densitv. This Consent Agreement shall vest¡ <br />with respect to the Project, the total number of subdivided, single <br />family residential lots, consisting of an overall maximum density not <br />to exceed 1.4 units per gross acre of the Property. <br /> <br />1.3 <br /> <br />1 <br /> <br />F-lt? <br />