ORDINANCES & RESOLUTIONS 1985 - Laserfiche WebLink

Home Browse Search

r. : BOOK '6tþ PAGE 2: as to both of the parties' position, would be substantial expense to both parties and which could result in substantial harm to both parties, including the citizens of the Civil Town of Mooresville and those individuals in the buffer zone area, wherein the Town exercises planning and zoning jurisdiction. NOW, THEREFORE, in consideration of the mutual promises, compromises and covenants contained herein, and upon the terms and conditions as herein contained, the Town and the Hopkins hereby enter ~nto this written agreement regarding the use hoth present and future and the zoning thereof of the above described real estate as herein- after set forth. The parties agree that: (1) The Town and the Hopkins aqree that the property described herein shall remain zoned in its current classification of A - Residential. The ~opkins shall have the right, however, pursuant to this contract, to continue and to extend their sand and gravel mining oDeration on said real estate (Tract I, II, and III) pursuant to the ~ollowing restrictions and covenants: (a) The Hopkins shall grade and maintain in a clean and orderly manner, the outside boundary of the property line back to a deoth of 100 feet from the road right-of-ways or other applicable houndary lines. Said maintenance shall include the mowing of the area a mini~um of each thirty (30) days during the growing season of all such veoetation in the defined area, excepting in weather or climatic conòitions when said vegetation is not alive and growing. (b) All of said real estate shall be put back into a condition suitable for residential development for use after the same has been ~ir.ed This restoration shall be an ongoing operation with the real estate to ~e leveled and contoured, leaving no mounds of sand or gravel so as to be suitable for residential planning. An area shall be restored when the gra.vel }1i1S been mined and it is no longer cOF,õ1erciaJly PCOJ10mlCa1 to c,'.. tinue to ¡nine that area. The in"Lcnt of this [)rovi~"';ion is t_o be :inte1l r,.c: ~o implement said restoration in a reasonable manner. (c) The H9~~ins shall file a re~uest fQr a vari~nce or a rl,(~u('st for ¡-CCZO)¡lng before l;ì8 '7.on1!1<] ?;odr<Ìs of ~·:oor,";vjlle tLe first month following the execution of this written aqrecJnent or in the a 1 t ern a t. i v e, !-! 0 E.~J:._~_~ will c 1 0 5 e the E - Z - Hay R e n tal bus i n e s 5 ,1Ul":i¡<j ~;uch month in t1le eV(~nt it IS ,ìt:,tc:rif1ined t1;at they 110 Jlot wish to request a variance or seek rezoning. -3-