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<br />November 7, 2005 - Recessed Meeting/Work Session
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<br />388
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<br />road improvements that Orleans would be required to construct in connection
<br />with the Proposed Subdivision.
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<br />19. After hearing the comments of interested parties, Mr. Lentz and
<br />others and some discussion among the members of the Board of Commissioners,
<br />the Board of Commissioners tabled its decision on the Application and the
<br />Appeal until its April 18, 2005 meeting.
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<br />20. At the Board of Commissioners' April 18, 2005 meeting, proponents
<br />and opponents of the Application and the Appeal spoke during the informal
<br />public comment portion of the Board of Commissioners' agenda. When the Appeal
<br />was officially considered by the Board of Commissioners, the Board of
<br />Commissioners, by a unanimous vote, denied the Application and the Appeal.
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<br />21. A copy of the Plat denied by the Board of Commissioners at its
<br />April 18, 2005 meeting as a result of the denial of the Application and the
<br />Appeal is attached hereto as Exhibit A and incorporated herein by reference.
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<br />22. On May 18, 2005, Orleans and Shiloh instituted this action against
<br />the defendants in the Cabarrus County Superior Court by filing an Application
<br />and Order Extending Time to File Complaint, and having a Civil Summons to be
<br />Served with Order Extending Time to File Complaint issued by the Clerk of
<br />Superior Court with respect to each defendant. The Application and Order
<br />Extending Time to File Complaint provides, among other things, that Orleans
<br />and Shiloh are bringing this action for the purposes of: (i) challenging the
<br />Board of Commissioners' denial of the Applicationi (ii) obtaining a writ of
<br />mandamus, a mandatory injunction or other order from the Court directing the
<br />Board of Commissioners and its individual members to approve the Applicationi
<br />and (iii) challenging the Adequate Public Facilities Standards set out in
<br />Chapter 4, Section 17 of the Subdivision Ordinance. Pursuant to the
<br />Application and Order Extending Time to File Complaint, Orleans and Shiloh
<br />were to file the Complaint in this action with the Clerk of Superior Court on
<br />or before June 7, 2005.
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<br />23. On May 31, 2005, each defendant, through counsel, accepted service
<br />of the Application and Order Extending Time to File Complaint and a Civil
<br />Summons to be Served with Order Extending Time to File Complaint.
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<br />24. On June 7, 2005, Orleans and Shiloh filed a Complaint for a
<br />declaratory judgment in this action in which they, among other things,
<br />challenge the Board of Commissioners' denial of the Application and the
<br />Appeal and request the Court to direct the County and the Board of
<br />Commissioners to approve the Application and the Plat as presented to the
<br />Board of Commissioners on March 21, 2005 and April 18, 2005.
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<br />25. On June 13, 2005, each defendant, through counsel, accepted service
<br />of the Complaint.
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<br />26. On July 1, 2005, the defendants obtained an Order extending the
<br />time to file responsive pleadings in this action to August 12, 2005.
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<br />27. The parties to this action desire to resolve this dispute in
<br />accordance with the terms of this Consent Order, without any party admitting
<br />any fault or liability whatsoever.
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<br />NOW, THEREFORE, WITH THE CONSENT OF THE PARTIES, IT IS HEREBY ORDERED,
<br />ADJUDGED AND DECREED as follows:
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<br />1. The Board of Commissioners shall approve the Application and the
<br />Plat as presented to the Board of Commissioners on March 21, 2005 and April
<br />18, 2005, a copy of which Plat is attached hereto as Exhibit A and
<br />incorporated herein by reference, at its next regular or special meeting on
<br />or before November 21, 2005. Such approval shall constitute preliminary plat
<br />approval under the terms of the Subdivision Ordinance as it existed on
<br />December 20, 2004.
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<br />2. The Board of Commissioners' approval will incorporate the Conditions
<br />for Approval set out in the Staff Report, as well as the following condition:
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<br />(a) The first certificate of
<br />constructed within the Proposed
<br />January 1, 2007.
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<br />occupancy for any
<br />Subdivision may not
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<br />single family home
<br />be issued prior to
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<br />(b) The number of certificates of occupancy that may be issued for the single
<br />Family homes to be constructed within the Proposed Subdivision shall be
<br />limited as follows:
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