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<br />120. <br /> <br />CAUSE NO. 02-0262 <br /> <br />W.C. CARSON <br /> <br />Plaintiff, <br /> <br />s <br />s <br />s <br />s <br />s <br />s <br />s <br />s <br />s <br /> <br />IN THE DISTRICT COURT OF <br /> <br />v. <br /> <br />CITY OF SAN MARCOS <br /> <br />HAYS COUNTY, TEXAS <br /> <br />Defendant. <br /> <br />274th JUDICIAL DISTRICT <br /> <br />SETTLEMENT AGREEMENT <br /> <br />This Settlement Agreement (this "Agreement") is made by and between Plaintiff W.e. <br />Carson ("Plaintiff' or "Carson") and Defendant City of San Marcos ("Defendant" or "City"), the <br />litigants in the above-styled cause (the "Litigation"), who enter into this Agreement and hereby <br />agree as follows: <br /> <br />I. <br />REelT ALS <br /> <br />A. Facts. Plaintiff and Defendant acknowledge that they have entered into this Agreement <br />based on the following facts and circumstances: <br /> <br />1. Carson has been and is currently the owner of a parcel of land within the <br />City of San Marcos, Hays County, Texas, located at 421 Nor1h LBJ Drive, San Marcos, Texas with <br />the following legal description: <br /> <br />Lot 1, Plat of Lot 1, Carson Addition, a subdivision in Hays County, Texas, <br />according to the map or plat thereof, recorded in Book 10 at Page 38 of the Plat <br />Records of Hays County, Texas (the "Property"). <br /> <br />The Property and an earlier proposed construction project on the Property were the subject of <br />certain City of San Marcos Zoning Variance Applications submitted to the City of San Marcos <br />Zoning Board of Adjustments by Bonner Carrington on b<:half of Carson on or about March 19, <br />2001 (the "Applications"). <br /> <br />2. On or about March 19, 2001, BOlmer Carrington 011 behalf of Carson also <br />made an application to the City of San Marcos Planning and Zoning Commission for a specific use <br />permit. <br /> <br />3. On April 1 0, 2001, the City of San Marcos Zoning Board of Adjustments <br />("ZBOA") held a meeting in which it considered the Applications and thereafter, issued a Record <br />