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<br />November 7, 2005 - Recessed Meeting/Work Session <br /> <br />Page <br /> <br />390 <br /> <br />9. The parties agree that this Consent Order is a resolution of a <br />dispute between themi that the provision or acceptance of promises or <br />benefits pursuant to this Consent Order is intended to resolve the dispute <br />between them, in accordance with the terms set forth herein, and to avoid any <br />future litigation on this matter between the partiesi and that the provision <br />or acceptance of promises or benefits pursuant to this Consent Order is not <br />to be construed as an acquiescence by any party to the claims or allegations <br />of the other parties to this Consent Order. <br /> <br />10. In the event of any conflict between the terms and provisions of <br />this Consent Order and the terms and provisions of the consent agreement <br />referenced above in Paragraph 3 hereof, the terms and provisions of this <br />Consent Order shall control. <br /> <br />Entered this <br /> <br />day of October, 2005. <br /> <br />SUPERIOR COURT JUDGE PRESIDING <br /> <br />CONSENTED TO: <br />Attorney for Plaintiff Parker & Orleans Homebuilders, Inc.: <br /> <br />John H.Carmichael <br />Kennedy Covington Lobdell & Hickman, L.L.P. <br />214 North Tryon Street, 47th Floor <br />Charlotte, NC 28202 <br /> <br />Attorney for Plaintiff Shiloh Farms, Inc.: <br /> <br />James E. Scarbrough <br />Ferguson, Scarbrough & Hayes, P.A. <br />65 McCachern Boulevard, S.E. <br />P.O. Box 444 <br />Concord, NC 28026-0444 <br /> <br />Attorney for Defendants: <br /> <br />Fletcher L. Hartsell, Jr. <br />Hartsell & Williams, P.A. <br />71 McCachern Boulevard, S.E. <br />Post Office Box 368 <br />Concord, NC 28026-0368 <br /> <br />vice Chairman Carruth made a motion to approve the Consent Agreement <br />for the Wellington Chase Subdivision. Upon being advised by the County <br />Manager that the Board would need to approve the subdivision prior to taking <br />action on the Consent Agreement, Vice Chairman withdrew his motion. <br /> <br />Jonathan Marshall, Commerce Director, highlighted the road improvements <br />outlined in the staff report for the Wellington Chase subdivision. He <br />reported there were required road improvements to be completed by the <br />developer, including right and left turn lanes on NC 73 and a left turn lane <br />on Odell School Road into the subdivision. In addition, he reviewed those <br />improvements to be completed as a part of the North Carolina Department of <br />Transportation's Moving Ahead Project and by the developers of the Moss Creek <br />subdivision. Mr. Marshall recommended the approval of the Wellington Chase <br />subdivision include the conditions outlined in the Staff Report along with <br />the required road improvements. The conditions as set forth in the Staff <br />Report included the following: <br /> <br />1. Developer complies with negotiated road improvements and provides a <br />Performance and Indemnity Bond to ensure these improvements are <br />completed. <br />2. PE/PLS Certification must be completed to verify that there is <br />sufficient right of way to contain the proposed roadway improvements. <br />3. Developer agrees to complete a consent agreement with the Cabarrus <br />County Board of Commissioners to provide $4,034.00/lot to advance <br />school adequacy. <br />4. All necessary permits must be obtained in regard to 'water quality, <br />wetland mitigation and well abandonment be obtained. <br /> <br />There was discussion as to the timing of the required <br />improvements. Chairman Carpenter suggested that completion of the <br />improvements should occur prior to January I, 2007, when the <br />certificates of occupancy may be issued. Mr. Marshall said the Board <br />make that a condition of approval. <br /> <br />road <br />road <br />first <br />could <br />