AG 2004 11 15 - Laserfiche WebLink

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CONSENT AGREEMENT FOR THE RICHARD GOODMAN DEVELOPMENT FOR CABARRUS COUNTY THIS CONSENT AGREBMENT is entered into as of this _15_th day of _November, by and among Richard Goodman, with his principal place of business at 3756 Back Creek Church Road, Charlotte, NC 28213,5238 the owners of the project more fully defined. below ("Developer") and Cabarrus County, North Carolina, a political s~division of the State of North Carolina, with its principal place of business at 65 Church Street, SE, Concord, North Carolina 28025 (hereafter, the "CountY" or 'Cabarrus County") by and through its Cabarrus County Board of Commissioners. RECITALS: A. Developer is the owner of approximately 20.75 acres of real property located in the City of Concord, Caharrus County, and has proposed the development of a subdivision in that location with a maximum of 64 single family lots, currently known as the Richard Goodman subdivision project (the "Project"), to be constructed in multiple phases. B. The Project is subject to .the Adequate Facilities provisions of the Cabarrus County Subdivision Ordinance, Chapter 4 Section 17, Section 66-81, and to best knowledge of the County, has been reviewed by all public agencies which may potentially serve the project and its future residents. C. Developer is willing to advance public services and facilities for the Project and to agree to certain other considerations to address Cabarrus County adequate facility standards and advance these services and facilities. D. Cabarrus County, acting pursuant to its authority under G.S. 153A-330 to 335, and the applicable provisions of the Cabarrus County Subdivision Regulations, has made certain determinations with respect to the proposed PrOject, and, .in the exercise of its legislative discretion, has elected to process the Project, resulting in the negotiation, consideration and approval of this Consent Agreement after all necessary hearings. CABARRUS COUNTY AND THE DEVELOPER HEREBY AGREE AS FOLLOWS: 1. The Project 1.1 Description of Project. The Richard Goodman Project covered by this Consent Agreement presently consists of a single-family subdivision, presently consisting of 64 single-family lots located on approximately 20.75 acres in Concord, North Carolina. At the time of initial approval of the project, the Project may not exceed 3.08 units per gross acre of the Property, as set forth in Exhibit A, attached to this Agreement and incorporated as if more fuliy set forth herein. Any changes in such approval must be approved in accordance with the City of Concord Unified Development Ordinance (UDO) or its successor in interest. 1.2 Legal Description of Property. The map description of the land covered by the Project is attached hereto as Exhibit B and incorporated into this Consent Agreement by this reference (the 'Property"). No property may be added to the map description for purposes of this Consent Agreement, except by written amendment. Except as expressly set forth in this Agreement with r-I(