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ARTICLE II <br />ANNEXATION & ZONING <br />Section 2.01. Consent to Annexation. The Owners and the Developer acknowledge that <br />they have requested that the City annex the Property and, by this Agreement, consent to the City's <br />annexation of the Property. By virtue of this Agreement, the Owners and the Developer authorize <br />the full purpose annexation by the City of the Property, subject to applicable provisions of Chapter <br />43 of the Texas Local Government Code. Except as provided in this Agreement, the Owners and <br />the Developer specifically waive the offer of a development agreement under Chapters 43 and 212 <br />of the Texas Local Government Code under which the City would have been required to defer <br />annexation of all or portions of the Property. <br />Section 2.02. Timing of Annexation. The Parties agree that the City Council of the City <br />will consider full purposes annexation of that certain 734.6 -acre portion of the Property described <br />by metes and bounds in Exhibit `13-1", attached hereto and made a part hereof (the "First <br />Annexation Tract") immediately after approval by the City Council of this Agreement at the same <br />meeting. The remainder of the Property, or portions of such remainder, within the City's ETJ may <br />be annexed by the City at any time during the Term of this Agreement, and the City shall exercise <br />good faith efforts to complete the annexation of the portion of the Katerra Tract (as defined in <br />Section 4.01) not included in the First Annexation Tract within one hundred twenty (120) days <br />following the Effective Date of this Agreement, subject to applicable provisions of Chapter 43 of <br />the Texas Local Government Code <br />Section 2.03. Zoning. Immediately after approval, at the same meeting, of this Agreement <br />and an ordinance annexing the First Annexation Tract, the San Marcos City Council will consider <br />an ordinance amending the City's official zoning map to a zoning classification for the First <br />Annexation Tract of Heavy Industrial ("HI") District. If additional portions of the Property are <br />3 <br />065611.00495 309237v15 <br />