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November 17, 2003 Page 291 Tax parcel 5538-47-6873 (Brandon Ridge by Craft Homes) Tax Parcel 5539-52-6448 (Park Place by Craft Homes) Tax Parcel 5539-62-4526 (Park Place by Craft Homes) Tax parcel 5539-31-0300 (Morrison Creek Subdivision by Morrison Creek LLC) Tax parcel 5539-21-0002 (Morrison Creek Subdivision by Morrison Creek LLC) There was lengthy discussion concerning the authority for Stanly County to extend water lines into Cabarrus County and the proposed assignment of utility connection rights to developers. The discussion concerning the Stanly County water line centered on the following items: (1) Need for water service in the Georgeville area; (2) Concerns that the water line extensions would open the gate for development in areas where the County has no control; (3) Impact that the increased development and growth in the Locust area will have on schools in Cabarrus County; (4) No guarantee that Cabarrus County can tap onto the Stanly County water line and/or extend the line to serve the Georgeville area; (5) Contribution of $1,008.00 per lot by developers in Cabarrus County for adequate school facilities; and (6) Need for the Town of Locust to agree to the standards of the adequate facilities ordinance, specifically entering into a consent agreement with developers for a contribution to address school adequacy. Discussion on the assignment of utility connection rights centered on the following: (1) Pending litigation by developers; (2) Need to provide water service in the unincorporated areas of the County; (3) Impact that the assignment of connection rights will have on current discussions with local municipalities to identify transitional zoning areas around the cities; and (4) Developers of the subdivisions (identified in Commissioner Privette's motion) have met all County regulations and entered into agreement to contribute to school adequacy. During the discussion, Mr. Hartsell responded to a number of questions by the Board. He also addressed the issue of consistency of application for utilities, school facilities, etc., throughout the county. Further, Mr. Hartsell explained he had requested the removal of Consent Item F-7 (granting of the utility right-of-way to Concord for the new Bethel School) because of the pending lawsuit, specifically in regards to the following language contained in the proposed agreement. · This agreement shall not be interpreted to impose any duty on the City of Concord, its successors and assigns to install any utilities by any particular date or within any particular time frame; · Not withstanding the above, the Grantor shall be entitled to construct, maintain and repair improvements within the Right-of- Way area as per the site plans approved by the City of Concord Planning Department and other City of Concord authority. Commissioner Privette withdrew his motion concerning the assignment of rights for utility connections. UPON MOTION of Vice Chairman Suggs, seconded by Commissioner Privette and unanimously carried, the Board adopted the following Resolution contingent upon Stanly County and/or the Town of Loust entering into an agreement relating to the adequate facilities ordinance in contribution for school adequacy of $1,008.00 per residence. The Resolution as adopted was as follows: Resolution No. 2003-34 RESOLUTION WHEREAS, pursuant to North Carolina General Statute 153A-15, before a county or other unit of local government that is located wholly or primarily outside another county acquires any real property in the other county by exchange, purchase or lease, it must have the approval of the county board of commissioners of the county where the land is located; and WHEREAS, the Stanly County Utility Department proposes to extend water lines into certain portions of the City of Locust that are located within Cabarrus County and shown on the attached maps; and WHEREAS, the Stanly County Board of Commissioners has requested approval from the Cabarrus County Board of Commissioners for the acquisition of the necessary easements, property, or other rights-of-way required to construct, operate and maintain said utilities located within Cabarrus County. NOW, THEREFORE, BE IT RESOLVED that the Cabarrus County Board of Commissioners, pursuant to North Carolina General Statute 153A-15, does hereby grant approval to the Stanly County Board of Commissioners to acquire necessary easements, property or other rights-of-way required to construct, operate and