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DRRFT
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<br />January 28, 2002 Page 271
<br />
<br /> UPON MOTION of Commissioner Privette, seconded by Commissioner Suggs and
<br />unanimously carried, the Board approved Petition C02-01(S), the preliminary plat
<br />for the Mount Olive Estates Subdivision, with the following conditions: (1)
<br />Developer enters int~ an approved Consent Agreement with the County to address
<br />Adequate Public Facilities Ordinance requirements for school facilities; and (2)
<br />Developer submits an amended plat showing the North Carolina Department of
<br />Transportation and rear setback revisions. The developers have agreed to donate'
<br />$500.00 per lot to advance the adequacy of public schools (letter dated January
<br />18, 2002 from Sam King, Jr., PE/PLS of King Engineering of Concord).
<br />
<br />Count~ School Real Estate Items
<br />
<br />Lease of Property on Highway 73 East to the City of Concord (Waive Right of First
<br />Refusal)
<br />
<br /> County Attorney Hartsell presented the proposal by the Cabarrus County
<br />Board of Education to lease property on Highway 73 East near the Irvin Elementary
<br />and Concord Middle Schools to the City of Concord for a period of 25 years. The
<br />City plans to construct a water pump booster station on the property that will
<br />increase water pressure to customers in the eastern part of Cabarrus County,
<br />including the Expo property.
<br />
<br /> UPON MOTION of Commissioner Fennel, seconded by Commissioner Privette and
<br />unanimously carried, the Board waived the right of first refusal and approved the
<br />lease by the Cabarrus County Board of Education of approximately 0.605 acres of
<br />School property located on the north side of Highway 73 East to the City of
<br />Concord for the construction of a water pump booster station.
<br />
<br />Grant of Easement from ERJOLA 550 KINDEI~/~a-MACK, LLC and O~h-~s Providing a Buffer
<br />
<br />for New School Sites on Harris Road
<br />
<br /> Mr. Mike Downs, Development Services Director, reviewed the proposed Deed
<br /> of Easement to provide a buffer for the new school sites on Harris Road. ERJOLA
<br /> 550 KINDERKAMACK, LLC and Robert W. Burkett are granting the property to the
<br /> County to create a buffer between the new subdivision on their property and the
<br /> schools to be built on property belonging to Cabarrus County. The County School
<br /> system will plant and maintain the non-buildable buffer.
<br />
<br /> UPON MOTION of Commissioner Privette, seconded by Commissioner Fennel and
<br /> unanimously carried, the Board approved the following Deed of Easement and
<br /> Restrictive Covenant made by ERJOLA 550 KINDERKAMACK, LLC and Robert W. Burkett
<br /> to Cabarrus County and authorized the Chairman to execute the document on behalf
<br /> of Cabarrus County.
<br />
<br /> STATE OF NORTH CAROLINA
<br /> DEED OF EASEMENT AND RESTRICTIVE COVENANT
<br /> COUNTY OF Cabarrus County
<br />
<br /> THIS DEED OF EASEMENT ("Easement") is made this day of September, 2001,
<br /> by ERJOLA 550 KINDERKAMACK, LLC, a Delaware limited liability company, and ROBERT
<br /> W. BURKETT (together, "Grantor"), to CABARRUS COUNTY, a body politic and
<br /> political subdivision of the State of North Carolina ("County").
<br />
<br /> STATEMENT OF PURPOSE
<br /> By deed dated March 22, 2001 and recorded in Book 3159, Page 61 of the Cabarrus
<br /> County Registry, Grantor deeded 78.92 acres of real property, a portion of the
<br /> property to be known as The Villages at Moss Creek subdivision, to County for the
<br />· purpose of constructing two (2) public schools. The parties now wish to ~reate
<br /> a thirty foot (30') wide buffer easement on the remaining property of Grantor
<br /> adjoining the northwestern boundary of the property conveyed to County in order
<br /> to screen noise and views between the school and the subdivision property, all
<br /> as more particularly set forth herein.
<br />
<br /> AGREEMENT
<br /> FOR AND IN CONSIDERATION OF the mutual covenants, warranties and promises
<br />herein and for other good and valuable consideration, the receipt and sufficiency
<br />of which is hereby acknowledged, and intending to be legally bound hereby,
<br />Grantor does hereby give, grant and convey to County, its successors and assigns,
<br />upon the terms and conditions herein, a perpetual, appurtenant, non-exclusive
<br />buffer easement benefiting the School Property (as defined below) and burdening
<br />the Grantor's Property (as defined below) for the purpose of creating a buffer
<br />between the property of Grantor and the schools to be built on the property of
<br />County. The real property of Grantor is located in Cabarrus County, North
<br />.Carolina, and known as Cabarrus County tax parcel 4681-15-6340, and described in
<br />deed book 3159, page 58, Cabarrus County Registry ("Grantor's Property"). The
<br />real property of County is located in Cabarrus County, North Carolina, and known
<br />as Cabarrus County tax parcel 4681-15-7264, and described in deed book 3159, page
<br />61, Cabarrus County Registry ("School Property").
<br />
<br /> 1. Buffer Easement. Grantor hereby grants to County a thirty foot (30')
<br />wide perpetual, appurtenant, non-exclusive easement ("Easement") for the purpose
<br />
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