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<br />r ' <br /> <br />: <br /> <br />BOOK '6CfJ PAGE <br /> <br />'J" <br />IVL <br /> <br />as to both of the parties· position, would be substantial expense to <br /> <br />both parties and which could result in substantial harm to both <br /> <br />parties, including the citizens of the Civil Town of Mooresville and <br /> <br />those individuals in the buffer zone area, wherein the Town exercises <br /> <br />planning and zoning jurisdiction. <br /> <br />NOW, THEREFORE, in consideration of the ~utual promises, <br /> <br />compromises and covenants contained herein, and upon the terms and <br /> <br />conditions as herein contained, the Town and the Hopkins hereby enter <br /> <br />~nto this written agreement regarding the use hath present and future <br /> <br />and the zoning thereof of the above described real estate as herein- <br /> <br />after set forth. <br /> <br />The parties agree that: <br /> <br />(1) The Town and the Hopkins agree that the property described <br /> <br />herein shall remain zoned in its current classification of A - Residential. <br /> <br />The Hopkins shall have the right, however, pursuant to this contract, to <br /> <br />continue and to extend their sand and qravel mining oDeration on said <br /> <br />real estate (Tract I, II, and III) pursuant to the +ollowing restrictions <br /> <br />and covenants: <br /> <br />(a) The Hopkins shall grade and maintain in a clean and orderly <br /> <br />manner, the outside boundary of the property line back to a depth of 100 <br /> <br /> <br />feet from the road right-af-ways or other applicable noundary lines~ <br /> <br /> <br />Said maintenance shall include the mowing of the area a mini~um of each <br /> <br /> <br />thirty (3D) days during the growing season of all such veqetation in the <br /> <br /> <br />defined area, excepting in weather or climatic connitions when said <br /> <br />vegetation is not alive and growing. <br /> <br />(b) All of said real estate shall be put back into a condition <br /> <br />suitable for residential development for use after the same has been mir.ed. <br /> <br /> <br />This restoration shall be an ongolng oppration with the real estate to ~e <br /> <br /> <br />leveled and contoured, leaving no mounds of sand or gravel so as to be <br /> <br />suitable for residential planning. <br /> <br />An area shall be restored when the <br /> <br />gravel has ]~cen mined and it is no JOT!ger cOl~~ercially ecoJlumical to C0~- <br /> <br />t inue to ¡nine that area. <br /> <br />'f he j n ten t 0 f t his n Y 0 vis :i 0 n i s 1- 0 1) e i n l L" r ì' r,' : ;:' <br /> <br />to implement said restoration in a reasonable manner. <br /> <br /> <br />(c) The Ho~}<i__12~ shall file a ren.uest for a var] ance or a <br /> <br />rl.(~uC'st for 1"!'ZOJll ng before tilP.: '7,On1 nc¡ ?,odr(ls of ~'¡()Ol-',>SVj 11e tlJe <br /> <br />first month following the execution of this written aqreement or <br /> <br />in the alternat:ive, !:J_o1?k_~_~ will close the E-Z-h'ay Rental business <br /> <br />,1\]1-1 nq such month in t11e cv('nt it is 1ÌJ!tcYlf1incd tl~at they (10 <br /> <br />not .....ish to request a variance or seek rezoning. <br /> <br />-3- <br />