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shall be required for undisturbed natuiral areas or undisturbed existing trees, <br />5. Where asolid ground cover orlawn isproposed for the front yard oforesidential lot, the <br />use ofonautomatic spray ordrip irrigation system iostrongly encouraged. Adominimum, <br />a hose odoohmnant oho|| be required within 100 feet of all front yard landscaping to ensure <br />proper hand watehng/irrigation. <br />0. A minimum 100 foot wide tree preservation/open opooa landscape buffer setback shall be <br />provided acUemant to the existing Fou Ridge single family naoidenUe| subdivision along the <br />northwest property line and along the portion of Purgatory Creek that borders the existing <br />Settlement subdivision. The Conceptual Land Use Plan illustrates the location of this tree <br />preservation/open space landscape buffer and provides G|8 coordinates at various points <br />along the buffer for reference. This tnym preservation/open space landscape buffer is <br />intended to serve as o buffer from the adjacent lots in the Fox Ridge and Settlement <br />Subdivisions. The tree preservation/open space landscape buffer setback will be privately <br />owned and maintained by the Property Owner. Unless otherwise approved through a Site <br />Development Pennit, thane shall be no c|earing, grading orpublic access within the tree <br />preservation/open opoom landscape buffer setback area except oo may be necessary to <br />allow for the construction of a N»nom along a property line. The tree preservation/open <br />apace landscape buffer setback area shall be maintained free of all, traeh, rubbish, debris <br />orother similar nuisances and fine hazards in accordance with this agreement and the <br />requirements ofthe City ofSan Marcos Code ofOrdinances. <br />7� The boundary between the Residential 2 U#\ area and southeastern most portion of the <br />"Conservation or Open Space or Proposed Hobitot<RHCP\ Preserve" as illustrated on the <br />Conceptual Land Use Plan and generally |oombad between the existing Fox <br />Ridge/Settlement subdivisions and the Residential 2 U64area within the Project, south of <br />Purgatory Creek, has been delineated with GIS coordinates ooprovided onthe Conceptual <br />Land Use Plan. <br />1.05 Public Infrastructure Improvements <br />A. The City hereby agrees to allow the extension, improvements of, and connections to City water <br />and vvaotmwobor facilities to provide service to the Project up to o maximum of 4.000 mgn/ioa <br />units equivalent. Owner anticipates that the Project vvi||requimm4.0OOemrvioeunitsofvvatmrand <br />woatewoberfromtheCity-AdtheMmeofeueoutionofthis Agreement, City anticipates that itwill <br />have sufficient water and wastewater capacity boserve the Project. City further acknowledges <br />that its approval of any subdivision plat of property within the Project shall constitute o <br />representation bythe City that ithas sufficient water and wastewater capacity available toserve <br />the platted |obo atthe time ofplat approval. <br />B. All water and vvoetevvahyr infrastructure required to serve the Project shall bm designed and built <br />to the Cfty,g construction standards and in conformance with all ru|eo, regulations and <br />ordinances related to the construction and extension of water and wastewater utilities in effect <br />at the time of submittal of construction plans and oho|| be subject to review and inspection by <br />the City prior to acceptance. <br />C. The property owner/developer shall be responsible for the payment of all costs associated with <br />the extension and improvements of infrastructure required to properly serve the development of <br />the Property, which costs may be financed through the PID described in Section 1.05.13 below. <br />Prior bothe acquisition of any off-site easements or rights-of-way the proposed utility alignments <br />shall be approved by the City., The Owner is responsible for the acquisition of all necessary <br />easements to oen/o the proposed development. In the event the Owner is unable to acquire an <br />easement through reasonable commercial efforts the Owner may request the assistance ofthe <br />City�Within3Odays ofthe receipt ofowritten request from the Owner, the City will commence <br />on effort, exercising all powers available tothe City as o Home Rule nnunioipa|ity, hoacquire the <br />necessary easements. The City will direct the work of an acquisition team, acceptable to the <br />City and the Owner, contracted and paid by the [)vvnar, in order to acquire the necessary <br />easements. <br />D. Notwithstanding the foregoing, nothing herein shall be construed to prohibit the parties end/or <br />adjacent developments or subdivisions from mutually agreeing to cost participate or oversize <br />10 <br />3209239.1 <br />