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<br />November 7, 2005 - Recessed Meeting/Work Session <br /> <br />page <br /> <br />386 <br /> <br />UPON MOTION of Vice Chairman Carruth, seconded by Commissioner Juba <br />wi th Chairman Carpenter / Vice Chairman Carruth and Commissioner Juba voting <br />for and Commissioners Freeman and Privette voting against, the Board ratified <br />the following Consent Order resolving the litigation (05-CVS-1498) (Parker & <br />Orleans Homebuilders, Inc., and Shiloh Farms, Inc./ vs. Cabarrus County). <br /> <br />STATE OF NORTH CAROLINA <br /> <br />COUNTY OF CABARRUS <br /> <br />PARKER & ORLEANS <br />HOMEBUILDERS, INC., a Delaware <br />Corporation, and SHILOH FARMS/ INC., <br />a North Carolina corporation, <br />Plaintiffs/ <br /> <br />vs. <br /> <br />CABARRUS COUNTY, a body corporate <br />and political subdivision of the State <br />of North Carolina; CABARRUS COUNTY <br />BOARD OF COMMISSIONERS; and <br />CAROLYN B. CARPENTER, Chairperson; <br />ROBERT W. CARRUTH, Vice Chairman; <br />ROBERT M. FREEMAN; JONI D. JUBA; <br />and COY C. PRIVETTE, MEMBERS OF <br />THE CABARRUS COUNTY BOARD OF <br />COMMISSIONERS, solely in their official <br />capacity as Members of the Cabarrus <br />County Board of Commissioners, <br />Defendants. <br /> <br />IN THE GENERAL COURT OF JUSTICE <br />SUPERIOR COURT DIVISION <br />05-CVS-1498 <br /> <br />) <br />) <br />INC., ) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br /> <br />CbNSENT ORDER <br /> <br />THIS CAUSE coming on to be heard before the undersigned Judge <br />presiding in the Superior Court for Cabarrus County, North Carolina with the <br />consent of the parties subscribed hereto an said parties' motion for entry of <br />this Consent Order; and the Court having considered the record herein and the <br />statements of counsel for the parties to this cause, hereby makes the <br />following Findings of Fact, <br /> <br />1. <br />Delaware <br />Carolina <br /> <br />Plaintiff Parker & Orleans Homebuilders, Inc. ("0rleans II) is a <br />corporation authorized to conduct business in the State of North <br />that maintains an office in Charlotte, North Carolina. <br /> <br />2. plaintiff Shiloh Farms, Inc. <br />corporation with its principal place of <br />Carolina. <br /> <br />(rrShilohll) is a North Carolina <br />business in Cabarrus County, North <br /> <br />3. Defendant Cabarrus County (the "County") is a body corporate and <br />political subdivision of the State of North Carolina. <br /> <br />4. Defendant Cabarrus County Board of Commissioners (the IIBoard of <br />Commissioners II) is the governing body of Cabarrus County. <br /> <br />5. Defendant Carolyn B. Carpenter ("Ms. Carpenter II ) is a citizen and <br />resident of Cabarrus County and the Chairperson of the Cabarrus County Board <br />of Commissioners. Ms. Carpenter is a party to this action solely in her <br />official capacity as the Chairperson and a Member of the Cabarrus County <br />Board of Commissioners. <br /> <br />6. Defendant Robert W. Carruth is a citizen and resident of Cabarrus <br />County and the Vice Chairman of the Cabarrus County Board of Commissioners. <br />Mr. Carruth is a party to this action solely in his official capacity as the <br />Vice Chairman and a Member of the Cabarrus County Board of Commissioners. <br /> <br />7. Defendants Robert M. Freeman, Joni D. Juba and Coy C. Privette are <br />each citizens and residents of Cabarrus County and Members of the Cabarrus <br />County Board of Commissioners. These defendants are parties to this action <br />solely in their official capacity as Members of the Cabarrus County Board of <br />Commissioners. <br /> <br />8. Shiloh is the owner of a certain parcel of land containing 172.77 <br />acres, more or less/ located generally at the intersection of N.C. Highway 73 <br />and Odell School Road in Cabarrus County (the "Subdivision Parcel"). The <br />Subdivision Parcel is located within an unincorporated area of Cabarrus <br />County and is more particularly depicted on Exhibit A attached hereto and <br />incorporated herein by reference. <br />