Ord 2014-070/Approving a petition submitted by Metcalfe, Wolfe, Stuart & Williams, LLP on behalf of Walton Texas, LP granting the consent of the City of San Marcos, Texas, to the creation of Cotton Center Municipal Utility District No. 1

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2014- 006144 AGT Fee: 390.00 12/29/2014 11:10:34 AM Total Pages: 93 Caro', Holcomb; County Clerk - Caldwell County; TX mill t IPA11104 ViAOLV,�NX MYiiIW �,I1144W,1I III CONSENT AGREEMENT THE STATE OF TEXAS § COUNTY OF HAYS § This Consent Agreement (the "Agreement ") is between the CITY OF SAN MARCOS, TEXAS, a home rule city located in Hays, County, Texas (the "City "), and WALTON TEXAS, LP, a Texas limited partnership ( "Primary Owner"), in its capacity as a property owner and in its capacity as an operator and manager authorized to enter into and sign this Agreement on behalf of the Individual Owners (as hereinafter defined), WALTON SILVER CROSSING LP, an Alberta (Canada) limited partnership ( "Walton Silver Crossing "), WALTON TX AUSTIN LAND LP, an Alberta (Canada) limited partnership ( "Walton Austin "), WALTON TX MARTINDALE LP, an Alberta (Canada) limited partnership ( "Walton Martindale"), WALTON TX MARTINDALE LP 2, an Alberta (Canada) limited partnership ( "Walton Martindale 2") (Primary Owner, Walton Silver Crossing, Walton Austin, Walton Martindale and Walton Martindale 2 are collectively referred to herein as "Owner "). The City and Owner are sometimes collectively herein referenced as the "Parties," and individually, as a "Party ". Upon final creation of COTTON CENTER MUNICIPAL UTILITY DISTRICT No. 1 (the "District"), a district to be created pursuant to state law and by Special Act of the Texas Legislature (the "Enabling Act "), the District will join in this Agreement and be bound by certain of the provisions as identified herein. INTRODUCTION Owner owns approximately 2,358 acres of land located in the extraterritorial jurisdiction of the City (the "Land" or the "Property "). The Land is more particularly described by metes and bounds on the attached Exhibit "A ". Owner desires to have the City's consent to the creation of a municipal utility district on the Land that will be later divided into sub- districts in accordance with Section 2.02 herein. The City has adopted an ordinance that regulates the creation and review of special districts within the City's corporate limits and its extraterritorial jurisdiction ( "ETJ "). The City has determined, pursuant to the terms of this Agreement and the requirements of Chapter 70 of the City Code of Ordinances (the "Code "), to consent to the creation and operation of the District. The City will benefit from (i) the quality of the development that will result from the plan set forth in the Development Agreement; and (ii) the creation of the District to finance the water and wastewater and drainage infrastructure and the construction of roadways under the terms of this Agreement. The City hereby makes the following findings: a. The City is not likely to annex the District or serve the District within three (3) years from the date of the approval of this Agreement. b. The City is not likely to provide water services to the District;