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Res 1988-053
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Res 1988-053
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8/6/2007 11:40:28 AM
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8/6/2007 11:40:28 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1988-53
Date
4/25/1988
Volume Book
91
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<br />-2- <br /> <br />ARTICLE I. <br /> <br />DEFINITIONS OF SPECIFIC TERMS <br /> <br />For purposes of this Agreement, the following terms shall have the <br /> <br />following meanings. <br /> <br />1.01. <br /> <br />1.02. <br /> <br />1.03. <br /> <br />"Development" means the commencement of construction of <br />one or more new buildings or structures on one or more <br />building lots, "To Develop" shall mean to <br />create development. <br /> <br />"Water production facility" shall exclude water treatment <br />structures and elevated water tanks, towers, standpipes <br />or storage tanks which are more than twenty-four (24) <br />feet above the ground but shall otherwise include those <br />works described in the City of San Marcos Facilities <br />Plan for Water System as described in the "City of <br />San Marcos Water System Study (February, 1983)" and the <br />City's Master Plan prepared by the City's engineers, <br />dated May, 1983. <br /> <br />"Plat" means a map, drawing, chart or plan showing the <br />exact layout and proposed construction of a proposed <br />development or subdivision into lots, blocks, streets, <br />parks, school sites, commercial or industrial sites, <br />drainage ways, easements, alleys and for any other <br />elements required by the City of San Marcos Subdivision <br />Ordinance, as amended, which is submitted to the Planning <br />Commission of the City of San Marcos for its review and <br />which conforms to all of the provisions of the City of <br />San Marcos Subdivision Ordinance, as amended. <br /> <br />ARTI C LE 2. <br /> <br />CONSTRUCTION OF TEST HOLES <br /> <br />Subject to the terms and conditions of this Agreement, City hereby <br /> <br />agrees to construct or cause the construction <br /> <br />of at <br /> <br />least <br /> <br />one <br /> <br />test <br /> <br />hole, but not more than three test holes, on Owner's 429 acres of <br /> <br />described <br /> <br />constructing <br /> <br />property. <br /> <br />2.01. <br /> <br />2.02. <br /> <br />2.03. <br /> <br />2.04. <br /> <br />land <br /> <br />in <br /> <br />Exhibi t <br /> <br />A <br /> <br />for <br /> <br />the <br /> <br />purpose of <br /> <br />locating <br /> <br />sites <br /> <br />and <br /> <br />one <br /> <br />or more water production facilities <br /> <br />on the subject <br /> <br />All said test holes <br />expense of City. <br /> <br />shall be constructed at the <br /> <br />sole <br /> <br />Said test holes shall be located in the approximate areas <br />indicated on the map attached hereto as Exhibit <br />"B" and incorporated herein by reference for all <br />purposes. However, in every case, City shall obtain <br />Owner's prior approval, which approval shall not be <br />unreasonably withheld, before the commencement of <br />construction at any test hole site. <br /> <br />City shall notify Owner at the place provided for herein <br />for such notices in writing at least 48 hours in advance <br />of entering upon Owner's property to commence this <br />project. <br /> <br />Owner hereby grants ingress and egress upon said property <br />for the purpose of conducting work on test hole <br />construction. <br />
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