Orange County NC Website
Aug-30-99 O4:45P Coleman Gledhill Hargrave 919 732 7997 P.O2 <br />5. The Greene Tract will remain a landfill asset. 31xty acres of the <br />Greene Tract will be reserved for solid waste management <br />purposes, and the three vwners will work together to determine <br />the ultimate use of the remainder. <br />The Parties agree that the Greene Tract remains a landfill asset. <br />Chapel Hill, Carrboro and the County (the "Greene Tract Owners") <br />will transfer to the County title to that portion of the Greene Tract <br />described on Exhibit E, which contains approximately sixty acres. The <br />County may use the property described on Exhibit ~: for System <br />purposes. The County states its current intention not to bury mixed <br />solid waste or construction and demolition waste on any portion of the <br />Greene Tract. The County states its recommendation to future County <br />Governing Boards that the County make nv such burial. <br />The deed tv this nro~erty will include a restriction yrohibitinc <br />the use of the vroperty described vn Exhibit E for burying mixed solid <br />waste or construction and demolition waste. This restriction becomes <br />effective at the same time that the zoning chance described in the <br />next paragraph is effective) and it will remain effective so long au <br />zoning remains effective which allows solid waste management uses, <br />other than burial of mixed solid waste or construction and demolition <br />waste, as permitted uses as described in the next ~araaravh. <br />Chapel Hill agrees to commence, and states its current intent to <br />complete, the process to make solid waste management uses not <br />including burial of mixed solid waste or construction and demolition <br />waste, but expressly including, but not limited to, a solid waste <br />transfer facility and a materials recovery facility, uses of the <br />Exhibit E property "permitted" uses under The Chapel Hill Development <br />Code/Ordinance, subject only to staff level site plan and similar <br />reviews and not subject to special use or similar processes. Chapel <br />Hill agrees tv provide the other Parties with a plan, including a <br />planned schedule of reviews and approvals, to process the zoning <br />change described in this paragraph. <br />The Parties agree that nothing that they have agreed to herein <br />constitutes an agreement on the part of Chapel Hill to zone the <br />Exhibit E property in a particular way. It is instead, an agreement <br />that if the Exhibit E property is .zoned a particular way one event <br />will follow and if the Exhibit E property is not zoned in a particular <br />way another event will follow. <br />The Greene Tract Owners agrees to bargain together in good faith <br />and with all due diligence, and to use their respective best efforts, <br />to determine an ultimate use or disposition of the remainder of the <br />Greene Tract as soon as possible and in any event by December 31., <br />2001, or two years after the effective date, whichever is later. <br />During this "bargaining period," no Greene Tract owner shall make an~r <br />use of the remaining portion of the Greene Tract without the consent <br />of the other Greene Tract Owners. <br />8 <br />