Ord 2022-020/Annexing into the City Approximately 1.11 Acres of Land located at 1850 Old Ranch Rd. 12. Case AN 22-04

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DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the day of 2021 (the "Effective Date"), by and between the CITY OF SAN MARCOS, TEXAS, a Texas home -rule municipal corporation (the "City") and Holman - Farrar Holdings, LLC ("Owner"). The City and Owner are sometimes hereinafter referred to individually as "Party", and collectively as the "Parties". The Parties agree as follows: PURPOSES AND CONSIDERATIONS WHEREAS, Owner currently owns approximately 1.11 acres, more or less, located in the Extraterritorial Jurisdiction ("ETJ") of the City, Hays County, Texas, and more particularly described by metes and bounds in Exhibit "A", which is attached hereto and incorporated herein for all purposes (the "Property"); and WHEREAS, Owner desires to connect to City utilities; and WHEREAS, as a condition of its consent to the connection of utilities, the City requires consent to and a request for annexation; and WHEREAS, Owner desires to be annexed into the city limits of the City and to zone all of the Property as a Light Industrial "LI" District pursuant to Subpart B of the City of San Marcos Code of Ordinances, as that Code exists on the Effective Date of this Agreement, subject to the modifications set forth herein, and g e n e r a.I I y in accordance with the Site Plan, as more particularly described in Exhibit "B" attached hereto; and WHEREAS, the City is authorized to make and enter into this Agreement with Owner in accordance with SUBCHAPTER G, CHAPTER 212, LOCAL GOVERNMENT CODE and Chapter 2 of the San Marcos Development Code ("SMDC"), to accomplish the following purposes: A. Extend the City's planning authority in accordance with the Site Plan and the development regulations contained herein under which certain uses and development of the Property is authorized; and B. Authorize enforcement by the City of municipal land use and development regulations, as required and/or authorized by the SMDC, as applicable, to the extent the same are consistent with the development regulations contained herein and in the same manner the applicable regulations are enforced within the City's municipal boundaries; and C. Provide the terms of annexation of the property; and D. Pursuant to Section 2.4.3.1 of the SMDC, to prescribe land uses, environmental standards, development standards, and public facilities standards governing the Property during the term of this agreement. NOW THEREFORE, the City and Owner in consideration of the premises, the mutual covenants and agreements of the Parties hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, agree as follows: