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s <br /> SUBDIVISIONS <br /> m <br /> 3. Homeowners'Association.A homeowners'association <br /> representing residents of the development may own the <br /> open space.The homeowners'association must have <br /> lien authority to ensure the collection of dues from all <br /> members.The responsibility for maintaining the open <br /> space and any facilities is borne by the homeowners' <br /> association. <br /> 4. Public Easement. Privately held open space shall be made <br /> permanently open to the public through an easement <br /> dedicated to the public and approved by the City Attorney. <br /> B. Conveyance.The conveyance of parkland or other common <br /> open space shall be in accordance with the following: <br /> 1. Parkland or open space shall be conveyed to the City, land <br /> conservancy or homeowners' association in fee simple <br /> without any encumbrances except drainage, greenway <br /> and utility easements.Title to the real property shall be <br /> conveyed upon the recordation of the plat. <br /> 2. Parkland or open space shall be designated on the final <br /> plat and included in a separate lot,or multiple lots and <br /> include the following: <br /> a. A statement on the plat indicating the conveyance or <br /> dedication of parkland or open space; and <br /> b. The acreage of the land included in the dedication. <br /> C. Dissolution.If the homeowner's association is dissolved, <br /> the open space may be offered to another entity who shall be <br /> responsible for the maintenance and upkeep of the open space. <br /> If no other offer is accepted,the open space shall be offered to <br /> the City and if accepted,deeded to the City. <br /> Adopted April 17,2018 San Marcos Development Code 3:63 <br />