Laserfiche WebLink
<br />units shall not be permitted. Service drives shall not be dedi- <br />cated to the City of San Marcos and maintenance of said service <br />drives shall be the responsibility of the owner or owners within <br />the subdivision, subject to a cooperative maintenance agreement. <br /> <br />Alleys must be accepted at the time of Plat approval, by the <br />Commission, before they can become public alleys. Otherwise, <br />they shall be treated as service drives or private alleys, and <br />the developer or owners association shall be responsible for <br />maintenance. <br /> <br />I <br /> <br />c. <br /> <br />Sidewalks - In addition to installing streets, curbs, drives, and <br />utilities as a requirement of final plat approval, the subdivider <br />shall install sidewalks along all public streets where such streets <br />border upon common open space, communal parking areas, and any <br />other areas that will not be under individual ownership. Such <br />sidewalks shall be on public property along the property lines, <br />shall be built according to City of San Marcos Standards, and <br />shall be approved by the Director of Public Works before their <br />acceptance. <br /> <br />d. Deed Restrictions and Maintenance Agreements - The subdivider <br />shall furnish two copies of any deed restrictions, including <br />those providing disposition and maintenance covenants on all open <br />space or other common ownership areas. Such restrictions shall <br />be recorded by the City at the time of plat recordation. In <br />addition to the required plat filing fee, an additional fee shall <br />be provided by the subdivider to pay the county recording cost of <br />such restrictive covenants. <br /> <br />e. Partition of Townhouse Common Areas - All areas that are owned in <br />common among the owners within the development, shall remain <br />undivided and shall not be the object of an action for partition <br />or division so long as the townhouse subdivision shall exist. <br /> <br />I <br /> <br />f. <br /> <br />Property Ownership - Ownership of each dwelling unit and the lot <br />upon which it sits is by an individual, while ownership of common <br />open space and any service drives. communal parking areas, and <br />any other common elements is under cooperative ownership with the <br />other owners within the development. <br /> <br />Each co-owner may use the elements held in common in accordance <br />with the purpose for which they are intended, as shown on the <br />plat or expressed in the declaration or by-laws, without hinder- <br />ing or encroaching upon the lawful rights of the other co-owners. <br /> <br />g. If an owners association or condominium regime is provided for, a <br />legal opinion by an attorney licensed to practice law in the <br />State of Texas, accurately describing and defining the rights and <br />duties of the owners, the legal status of common areas and facil- <br />ities, and provisions for taxation and maintenance of such areas <br />shall accompany each subdivision with townhouse lots. Such doc- <br />ument shall be reviewed by the City Attorney, and a report on the <br />opinion shall be provided to the Planning and Zoning Commission <br />prior to final approval. <br /> <br />-40- <br /> <br />--- <br />