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as a waiver of any platting requirements to construct all public improvements, including water and <br />wastewater facilities, and to acquire and dedicate to the City such improvements and any <br />associated easements or land, all at the sole expense of the owner of any portion of the Property <br />for which plat approval is requested, as required by the City's Development Code, Chapter 86 of <br />the San Marcos City Code or any other ordinance applicable to the construction of public <br />improvements in relation to platting, subject to applicable limitations under state or federal law. <br />For example, and for the avoidance of doubt, if a future purchaser of any portion of the Property <br />seeks to plat such portion before the date the Developer is required to construct the Wastewater <br />Impact Fee Project improvements, yet the improvements are necessary for the plat to qualify for <br />approval by the City's Planning and Zoning Commission, the plat would be subject to denial unless <br />such future purchaser either completes the extent of the necessary improvements prior to final plat <br />approval or submits to the City, with its final plat request, a subdivision improvement agreement, <br />together with financial security guaranteeing the completion of the improvements. The City <br />acknowledges and represents, however, that adequate wastewater service capacity is currently <br />available to serve the Katerra Tract as presently proposed to be developed and platted. <br />4.05. Van Lee Boulevard and Innovation Parkway Improvements. Reference is hereby <br />made to certain Right of Way ("ROW") that is required for road improvements on Van Lee <br />Boulevard and Innovation Parkway to connect the San Marcos Air Rail Terminal to Highway <br />80,such ROW depicted on the attached Exhibit "F" at the same time the Katerra Tract is platted. <br />Developer shall dedicate the ROW to Caldwell County for these improvements and the City <br />hereby approves for purposes of Section 251.012 of the Texas Transportation Code, the <br />improvements by Caldwell County of such portions of ROW that may be located within the San <br />Marcos municipal boundaries. <br />13 <br />065611.00495 309237v15 <br />