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Res 2021-246 approving a Development Agreement with HK Baugh Ranch, LLC, HK Riley’s Pointe, LLC, and Benchmark Acquisitions, LLC, to regulate the annexation and future development of approximately 1,142 acres of land
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Res 2021-246 approving a Development Agreement with HK Baugh Ranch, LLC, HK Riley’s Pointe, LLC, and Benchmark Acquisitions, LLC, to regulate the annexation and future development of approximately 1,142 acres of land
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9/10/2024 3:58:33 PM
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Resolutions
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Approving
Number
2021-246
Date
12/7/2021
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.teaSUBDIVISIONS <br /> n, <br /> iL <br /> a. Determination of escrow amount.The amount of DIVISION 3: WATER <br /> the escrow shall be determined by using comparable <br /> "turnkey"costs for construction of the improvements Section 3.5.3.1 Facilities <br /> (including design, permits, reviews and approvals, A. Alternative Water Sources.Where a development is served by <br /> inspections and any additional land acquisition that the City water system an alternative water source may be used, <br /> may be needed).The determination of the escrow subject to City approval and the obtaining of all appropriate <br /> amount shall be made as of the time the escrow is <br /> due hereunder, and shall be subject to the review and permits from the U.S.Army Corps of Engineers,TCEO, and any <br /> approval of the Responsible Official. other applicable agency. A well is prohibited for the purposes of <br /> potable water or irrigation uses.The design and construction of <br /> b. Termination of escrow. Escrows, or portions of water system improvements and alternative water sources shall <br /> escrowed amounts,which have been placed with the comply with the following standards: <br /> City under this Section and which have been held for <br /> a period of ten years from the date of such payment 1. Design and construction of a water source on the site shall <br /> or agreement, in the event that the City has not be in accordance with applicable regulations of the TCEQ. <br /> authorized the preparation of plans and specifications 2. Design and construction of water service from the City <br /> for construction of such roadway facilities for which shall be in accordance with the standards in the City's <br /> the escrow was made, shall, upon written request, TCSS Manual. <br /> be returned to the property owner or applicant who <br /> originally paid the escrow amount,along with one-half 3. Design and construction of a fire protection and <br /> of its accrued interest. Such return does not remove suppression system shall be in accordance with the <br /> any obligations of the property owner for construction standards in the TCSS Manual, and in accordance with the <br /> of the required facilities if a building permit has not City's Fire Department and Fire Code (also see Chapter <br /> been issued on the subject Lot(s) or if application for 86 of the City Code of Ordinances for cross-connection <br /> a new building permit(s) is made. control and backflow prevention). <br /> c. Refund. If any street, road, highway or thoroughfare B. Line Extensions and Connections. <br /> for which escrow is deposited is constructed by 1. Extension of water lines shall be made along the entire <br /> a party other than the City,or is reconstructed by frontage of the subdivision or development plat adjacent <br /> another governmental authority at no cost to the to a street or thoroughfare. If the subdivision is not <br /> City,the escrowed funds and accrued interest shall adjacent to a thoroughfare,the extension of utilities <br /> be refunded to the property owner or applicant who shall be accomplished in such a manner as to allow <br /> originally paid the escrow amount upon written future connections to said utilities by new subdivisions. <br /> request and after completion and acceptance of the If new subdivisions will never be constructed beyond <br /> public improvements. In the event that a portion of a developing subdivision due to physical constraints, <br /> the cost is borne by the City and the other portion of the Responsible Official may waive the requirement for <br /> the cost by another party or governmental authority, adjacent utility line construction at the time of final plat <br /> the difference between the property owner's actual approval and prior to construction of the subdivision. <br /> proportionate cost and the escrowed funds,including <br /> accrued interest, if any,shall be refunded after 2. Pro rata fees under Ch.86 of the City Code may be <br /> completion and acceptance of the improvements. applicable to line extensions. <br /> d. Interest limitation. If money is refunded within six 3. Connections to existing water lines shall be made <br /> months of deposit, only the principal will be refunded. in accordance with Chapter 86 of the City Code of <br /> Monies returned after this date will be refunded with Ordinances. <br /> one-half of its accrued interest. <br /> 3:24 San Marcos Development Code Amended:September 1, 2020 <br />
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