Res 2021-244/approving a Development Agreement with Casata San Marcos, LLC to provide for the annexation and to regulate the future development of approximately 31.79 acres of land in the Extraterritorial Jurisdiction

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22015340 AGREEMENT Total Pages: 49 Filed and Recorded: 03/29/2022 03:43:04 PM STATE OF TEXAS § DEVELOPMENT AGREEMENT COUNTY OF HAYS § This DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as '1 of the day of (Jr�tq , 2021 (the "Effective Date"), by and between the CITY OF SAN MARCOS, TEXAS, a Texas home -rule municipal corporation (the "City") and CASATA SAN MARCOS, LLC, a Texas limited liability company ("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 or is acquiring approximately 31.77 acres, more or less, ("the Property") 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; and WHEREAS, Owner desires to connect to City utilities; and WHEREAS, as a condition of the City's consent to connection of utilities requires consent to annexation; and WHEREAS, Owner desires to zone approximately 5 acres of the Property as a Character District 4 (CD -4) and approximately 27 acres of the Property as Manufactured Home District (MH) pursuant to Subpart B of the City of San Marcos Code of Ordinances, as amended, and in accordance with the Concept 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 Land Use 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 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 Page 1 of 48