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April 11, 2003
Charlotte-Mecklenburg Historic Landmarks Commission 2100 Randolph Road Charlotte, North Carolina 28207 Attention: Dr. Dan L. Morrill, Consulting Director
Re: Proposed Designation of Washam Farm
Dear Dr. Morrill:
The purpose of this letter is to confirm the agreement between the Charlotte-Mecklenburg Historic Landmarks Commission (“HLC”) and JAGCO Associates (“JAGCO”) with respect to the proposed designation of (i) the approximately 1.5-acre tract owned by Joe K. Washam and located at 15715 Davidson-Concord Road, Huntersville, North Carolina (tax parcel no. 011-092-14) (the “Washam Family Tract”), in which JAGCO has a right of first refusal, and (ii) the portion of the approximately 84-acre tract owned by JAGCO Associates and located at 15619 Davidson-Concord Road, Huntersville, North Carolina (tax parcel no. 011-092-05) more particularly described on Exhibit A (the 84-acre tract being hereinafter referred to as the “JAGCO Tract” and the portion thereof recommended for designation as a historic landmark being hereinafter referred to as the “Outbuilding Parcel”). 1. In consideration of and conditioned upon the agreements contained in this letter, JAGCO will not oppose the designation of the Washam Family Tract or the Outbuilding Parcel as historic landmarks. 2. JAGCO and the HLC acknowledge and agree that the boundaries of the property to be recommended for designation shall approximate those depicted on the attached sketch. The parties recognize that the proposed boundaries will include three structures located on the JAGCO Tract near the Washam Family Tract but will not include the tenant house located farther away from the Washam Family Tract. In addition, the parties recognize that none of the road frontage of the JAGCO Tract will be included within the proposed designation. The HLC will engage a surveyor at its expense to draw the specific boundary lines, which must be agreed upon by all parties. The HLC agrees to use its best efforts to coordinate a time for the survey work that will allow both a partner of JAGCO and a member of the HLC to be present. 3. JAGCO agrees to permit the HLC to move the tenant house to the Washam Family Tract or to another site any time within thirty days after designation so long as JAGCO remains owner. 4. The HLC will not recommend any portion of the JAGCO Tract for historic landmark designation unless the HLC first recommends the Washam Family Tract for designation. If for any reason the Washam Family Tract is not designated, the HLC agrees to withdraw its recommendation as to any portion of the JAGCO Tract. 5. The HLC agrees that, except for the designations specifically described herein, the HLC will not pursue landmark designation on any other portion of the JAGCO Tract, now or at any time in the future. 6. The HLC agrees that, upon the request of the current or any future owner of the JAGCO Tract, the HLC will support the owner in obtaining open space credit under the Town of Huntersville Zoning Ordinance with respect to the property designated. 7. The HLC acknowledges that JAGCO is not obligated to maintain or insure any buildings or other improvements. Please indicate your agreement to the terms outlined above by signing as indicated below and returning one copy of this letter to Robert G. Brinkley, Esq., Helms Mulliss & Wicker, PLLC, Post Office Box 31247, Charlotte, NC 28231 (fax no. 704-343-2300). We appreciate your assistance and look forward to finalizing this agreement with you.
Very truly yours,
JAGCO Associates, a North Carolina general partnership
By: Paul Jaszewski, Partner
Attachment
AGREED to this ____ day of April, 2003.
CHARLOTTE-MECKLENBURG HISTORIC LANDMARKS COMMISSION
By: Print Name: Title:
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