Ord 1985-117 - Laserfiche WebLink

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for the land is filed with the City. Said inventory and analysis shall be prepared with the assistance of an expert chosen by the City. The analysis shall propose appropriate and reasonable mitigative measures, which measures Storm Development agrees to implement upon final platting of land wi thin the Di strict. E. ( 1) Storm Development agrees and covenants to dedicate, and by these presents does hereby express its intention to dedicate the acreage indicated as "Parkland", approximately 36.6 acres, and the "Blanco River Open Space Corridor" , approximately 36.2 acres, on the Land Plan to the District for parkland within one ( 1) year of confirmation of the District; provided, however, Storm Development shall have the right to use such acreage under the provisions of the subdivision ordinance during the platting process; and further, provided, however, said dedication shall not include the approximately 137 acres shown on the Land Plan as a golf course. The land designated as Blanco River Open Space Corridor shall remain in an essentially natural state. (2) Storm Development agrees to construct or acquire park and recreational facilities for parkland within the boundaries of the District and the San Marcos Municipal Utility District No. 2 no later than the date of disbursement of proceeds of the first sale of District bonds; provided, however, Storm Development shall be obligated to expend at least $300,000.00 in the aggregate on the total facilities within the 15-acre Community Park Area shown on the Land Plan. Additional facilities and improvements on the Community Park Area and other parklands, including hike and bike trails, shall be agreed upon by Storm Development in the manner and at the time determined in connection with the subdivision master plan approval. Maintenance provisions for the parkland and its facilities shall be in accordance with the subdivision master plan. Such facilities shall be donated to the District without cost to the Di strict after construction or acqui si tion of the faci Ii ties. F. A school site(s) shall be dedicated to the San Marcos Independent School District as shown on the Land Plan no later than the date of disbursement of the proceeds of the first sale of District bonds. Provided, however, this offer to dedicate shall be of no effect if the School District has not accepted the offer to dedicate within sixty (60) days after the date of City Council approval of consent to creation of the District. Such si te shall be limited to use for an elementary or middle school. G. A fire station/emergency medical services site of approximately 1.5 acres as shown on the Land Plan shall be dedicated to the City no later than the date of disbursement of the proceeds of the first sale of District bonds. In addition, Storm Development shall deposit an irrevocable letter of credit in a form approved by the City Attorney to the City of $250,000 in the aggregate on behalf of this District and the San Marcos Municipal Utility District No. 2 for the construction and acquisition of a fire/EMS and station and fire-fighting equipment on the site, upon the connection to the water and wastewater systems of this District and the San Marcos Municipal Utility District No. 2 of the 500th living unit equivalent of both Districts added together. Provided, however, if the construction costs of said station or fire-fighting equipment in accordance with the plans and specifications approved by the City are less than $250,000, Storm Development shall be required to contribute only the lesser amount. The City shall have the right to draw on such letter of credit upon presentation of a sworn affidavit to the issuer of the letter of credit that such funds are to be used for such construction of a fire/EMS station and fire-fighting equipment. H. ( 1) Storm Development agrees to dedicate right of way for roadway improvements as required by the City at the time each section of the land within the District receives final plat approval; provided, however, Storm Development shall dedicate up A: SM~1UD 1 . 3 - 14 (1/22/86)