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Agenda - 04-08-2008-4
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Agenda - 04-08-2008-4
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8/29/2008 4:12:46 PM
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8/28/2008 9:57:29 AM
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BOCC
Date
4/8/2008
Document Type
Agenda
Agenda Item
4
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Minutes - 20080408
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\Board of County Commissioners\Minutes - Approved\2000's\2008
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0 <br />Exhibit E property "permitted" <br />Development Code/Ordinance, subject <br />similar reviews and not subject to <br />Chapel Hill agrees. to provide the o1 <br />a planned schedule. of reviews and <br />change described in this paragraph. <br />uses under The Chapel Hill <br />only to staff. level site plan.and <br />special use. or similar processes. <br />=her Parties with a plan, including <br />approval, to process. .the zoning <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 i.n 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 fallow. <br />The Greene Tract Owners agree tp bargaia.'together in good faith <br />and with ali 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, whicbe~rer is later. <br />During this ° bargaining period,° no Greene Tract Owner shall make <br />any use of the remaining portion af• the, Greene Tract without the <br />consent of the other Greene Tract Owners. <br />The Greene Tract Owners agree that among the issues to .be <br />addressed in the bargaining process are (1) the specific future, uses, <br />or ranges of use, to be made of the remainder of the Greene' Tract <br />(including .issues of devoting different portions to different uses, <br />devoting portions to pu3alic uses and the possibility of making <br />portions•ava.ilable for sale ar private use•), and (2) whether to impose. <br />specific use restri:ctians, either through deed restrictions ar through <br />governmental. regulation. The Greene Tract Owners agree that during the <br />",bargaining period" each should prov~r3.e opportunity ,'far public., <br />comment oa passible or proposed uses nr.dispositions, <br />During the " bargainiag•period," no Greene Tract Owner shall (1) <br />file nay'legal action'ar proceeding ta•force any sale ar division of <br />the Greene Tract, or t2) ester into any agreement to se];1, mortgage or <br />otherwise transfer all or any part of its ownership interest in the <br />Greene Tract, in either case without the consent of the ather~Greene <br />Tract Owners. To the extent permitted by law, Chapel Hill agrees not <br />to ina.tiate any proceeding to rezone any portion of the Greene • Tract <br />during the "bargaining periac7.," ~•without the consent of the other <br />Greene Tract Owners. Execution and delivery of this Ag=eement by the <br />Greene Tract Owners constitutes•consent of the Greene Tract Owners far <br />Chapel Hill to rezone the Exhilait E property as described 3n this Part <br />5. Chapel Hill states its current intent, to accoA¢aodate any agreed <br />upon future uses or range of uses of the remainder of the Greene Tract <br />in its Development•Code/Ordinances and states its recommendation to <br />future Chapel Hill Governing Boards•to the•same effect. <br />. 9 <br />a <br />
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