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Agenda - 11-27-2000-1
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Agenda - 11-27-2000-1
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9/1/2008 11:26:51 PM
Creation date
8/29/2008 10:17:03 AM
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BOCC
Date
11/27/2000
Document Type
Agenda
Agenda Item
1
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Minutes - 11-27-2000
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\Board of County Commissioners\Minutes - Approved\2000's\2000
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29. American Stone Company shall install a truck spray bar and ensure usage by having <br />truck operators wet down and cover their loads in order to reduce the possibility that fine <br />materials and particles would blow off the trucks. <br />30. American Stone Company and OWASA agree to compensate the owners of property <br />within a radius of 3000 feet of the perimeter of the property encumbered by this permit <br />for the loss of fair market value of their property, if any, resulting from quarry operation <br />according to the following guidelines: <br />(a), The property owner making the request must have continuously owned the <br />property in .question since January 1, 1978. If the loss of fair market value is for a <br />structure, it must have been constructed prior to January 1, 1978. <br />(b) The property owner must have closed a sale of the property or a loan secured by the <br />.property within thirty days prior to the date the owner makes a request under this section <br />and the owner must have made a good faith effort to obtain the maximum sale price or <br />appraised value in the case of a loan. <br />(c) Property owners may make use of this provision only one time for any single <br />property. <br />(d) The procedure for seeking compensation shall be as follows: <br />(i) The property owner shall notify OWASA in writing of the request. <br />(ii) OWASA and American Stone Company shall engage an MAI Appraiser <br />(Member of the American Institute of Realtors) from North Carolina who has not <br />been used by American Stone Company, Martin Marietta Materials; Inc, or <br />OWASA as of the date of the issuance of this special use permit for the purpose <br />of analyzing the sale or loan to determine whether the presence of the American <br />Stone quarry adversely impacted the contract price ar tl7e apprai~2d-valrie'~bf the ---- <br />property in the case of a loan. American Stone Company and OWASA shall each <br />bear one-half of the cost of the appraisal. American Stone Company and OWASA <br />shall attempt to have the appraisal completed within sixty days of the submission <br />of the request by the property owner: <br />(iii) American Stone Company and OWASA shall provide the property owner with <br />a copy of the appraisal as soon as it is submitted. If the owner is not satisfied with <br />the results of the appraisal, the owner may have his or her own MAI appraisal <br />performed at his or her expense. <br />(iv) If the owner, OWASA and American Stone Company are not able to resolve <br />the dispute upon receipt of the first or second appraisal, the two appraisers will <br />select a third MAI Appraiser to perform an analysis, and the three appraisers shall <br />seek to quantify any decrease in the fair market value of the property resulting <br />from quarry operations, if any. OWASA and American Stone Company shall pay <br />
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