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space landscape buffer and provides GBcoordinates atvarious points <br />along the buffer for reference. This tree preservation/open space landscape buffer is <br />intended to serve as o buffer from the adjmmard |nto in the Fox Ridge and Settlement <br />Subdivisions. The tree preservation/open space landscape buffer setback will beprivately <br />owned and maintained by the Property Owner. Unless otherwise approved through m Site <br />Development Pennit, there oheU be no clearing, grading orpublic access within the tree <br />preservation/open space landscape buffer setback area except as may be necessary to allow <br />for the construction of fence along m property line. The tree preservation/open space <br />landscape buffer setback area shall be maintained free of all, trash, rubbish, debris or other <br />similar nuisances and fire hazards in accordance with this agreement and the requirements <br />ofthe City ofSan Marcos Code ofOrdinances. <br />7. The boundary between the Residential 2 UA\ area and southeastern most portion of the <br />"Conservation or Open Space or Proposed Habitat (RHCP) Praoenxa^ as illustrated on the <br />Conceptual Land Use Plan and generally located between the existing Fox Ridge/Settlement <br />subdivisions and the Residential 2 U/A area within the Project, south of Purgatory Creek, has <br />been delineated with GIS coordinates as provided on the Conceptual Land Use Plan. <br />1.05 Public Infrastructure Improvements <br />A. The City hereby agrees hoallow the extension, improvements of, and connections toCity water <br />and wastewater facilities to provide service to the Project up to a maximum of 4,000 service units <br />equivalent. Owner anticipates that the Project will require 4.000 service units of water and <br />wastewater from the City. At the time of execution of this Agreement, City anticipates that it will <br />have sufficient water and wastewater capacity toserve the Project. City further acknowledges <br />that its approval of any subdivision plat of property within the Project shall constitute o <br />representation by the City that it has sufficient water and wastewater capacity available to serve <br />the platted lots utthe time ofplat approval. <br />B. All water and wastewater infrastructure required to serve the Project shall be designed and built <br />to the City's construction standards and in conformance with all rules, regulations and ordinances <br />related to the construction and extension of water and wastewater utilities in effect at the time of <br />submittal of construction plans and shall be subject to review and inspection by the City prior to <br />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 inSection i.O5.13below. <br />Prior to the 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 toserve the proposed development. |nthe event the Owner isunable toacquire mn <br />easement through reasonable commercial efforts the Owner may request the assistance ofthe <br />City. Within 30 days of the receipt of a written request from the Owner, the City will commence <br />an efort, exercising all powers available to the City as o Home Rule munioipa|ih/, toacquire the <br />necessary easements. The City will direct the work ofonacquisition team, acceptable tothe City <br />and the Owner, contracted and paid by the Owner, in order to acquire the necessary easements. <br />D. Notwithstanding the foregoing, nothing herein ohoU be construed to prohibit the parties and/or <br />adjacent developments or subdivisions from mutually agreeing to cost participate or oversize <br />reimbursement on specifically defined infrastructure in accordance with applicable City and State <br />requirements for such participation orreimbursement. <br />E. To ensure a high quality, attractive development, where feasible, all utility infrastructure, including <br />but not limited to water, wastewater and electrical infrastructure, for the Project shall be placed <br />underground. All utility appurtenances that are required to beabove ground may beplaced <br />above ground aonecessary boserve the development ofthe Property. All extensions shall be <br />made inepublic utility easement orpublic hght-od'wmy(ROVV). <br />F. The Owner hereby requests and supports the City expanding its water and wastewater Certificate <br />of Convenience and Necessity areas asnecessary hoserve the development ofthe Project. <br />G. The City hereby acknowledges that the County authorized the creation of a Public Improvement <br />District ("PID") on approximately 2,029 acres of the Property (the "Existing PID") on September <br />23' 2014. pursuant to a County Resolution adopted pursuant to Chapter 372 of the Local <br />10 <br />3493291.1 <br />