Ord 2024-027 annexing into the city approvximately 7.553 acres of land located on the western side of FM 1984 approximately 4,600 feet northeast of the intersection between Hwy 80 and FM 1984, and approximately 150 feet northeast of the intersection

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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. OWNER'S CONSENT TO ANNEXATION OF LAND Date: MARCH 14, 2024 City: City of San Marcos, Texas, a home rule municipal corporation Owner: FRANKLIN MOUNTAIN SAN MARCOS I L.P. Property: FM 1984 - CALDWELL COUNTY Owner petitioned the City to initiate proceedings to annex the Property. Owner acknowledges and agrees that, in connection with annexation of the Property: 1. Owner has a current development agreement with the City under Section 212.172. 2. Unless specifically authorized by a written agreement with Owner approved by the City Council under applicable ordinances, the City has no obligation to extend water, wastewater, or electric utility services, roads, or other infrastructure to the Property at the City's expense, and the City has made no offers, representations or promises that the City will, at the City's expense, extend water, wastewater, or electric utility services, roads, or other infrastructure to the Property. Such extensions to the Property shall be made available in the same manner and on the same basis as available to other areas of the City, whereby it shall be Owner's sole obligation, and at Owner's sole expense, to construct and install all infrastructure necessary to extend such services to the Property under applicable ordinances. 3. Owner waives any and all rights of Owner to assert any claim or demand, or to file suit against, and covenants not to sue, the City on the basis that the annexation of the Property by the City is invalid, void or voidable, in whole or in part. 4. This instrument is made, and shall be construed and interpreted under the laws of the State of Texas. Venue for any legal proceedings concerning this instrument shall lie in State courts having jurisdiction located in Caldwell County, Texas. Venue for any matters in federal court will be in the United States District Court for the Western District of Texas.