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<br />Donation A2reement <br /> <br />VlHEREAS, the undersigned, being the owners of property located within the Blanco Shoals Planned <br />Development District (the "PDD"), desire to make a charitable donation of said property to the City of <br />San Marcos (the "City"); and <br /> <br />WHEREAS. it is agreed and understood by the undersigned (the "Owners") and the City that such <br />donation is intended solely as a gift, and is to be made without actual consideration or expectation of <br />consideration in exchange therefor, <br /> <br />NOW, THEREFORE, the Owners and the City agree as follows: <br /> <br />1. The Owners agree to donate to the City that certain property consisting of 81.49 acre, more or less, <br />depicted on the attached map (the "Property"), consisting of aJI of Lots 5, 6, 7, 8 and 9 of the PDD, <br />located off of the 2200 Block ofIB-35 North in the City of San Marcos, Hays County, Texas, no later <br />than December 31, 2003. The donation will be by deed approved by the City Attorney of the City. <br />The Owners and the City agree that the deed wil1 contain restrictive covenants regarding the aJIowed <br />uses of the Property as described in the Development Standards included in the approved PDD zoning <br />ordinance for the Property. <br /> <br />2. <br /> <br />The Owners and the City wiJI each pay one-half (1/2) of the cost of the appraisal of the Property, <br />with said appraisal being obtained by the City. This cost will be apportioned at the time of closing of <br />the sale by the Owners to the City of Lot 4 of the PDD, or in the event the earnest money contract for <br />that sale is terminated, and such termination is not due to default by the City, the Owners will pay <br />one-half of the cost of the appraisal to the City within 30 days of written request by the City therefor. <br /> <br />Executed this <br /> <br />day of <br /> <br />,2003. <br /> <br />Alan Holt <br /> <br />William C. Holt <br /> <br />Shani Holt Armbruster <br /> <br />Wil1iam C. Holt. Jr. <br /> <br />David W. Holt <br /> <br />Timothy J. Holt <br /> <br />COUNTY OF HAYS <br /> <br />§ <br />§ <br />§ <br /> <br />THE STATE OF TEXAS <br /> <br />This instrument was acknowledged before me on this - day of <br /> <br />,2003, by Alan <br /> <br />Holt. <br /> <br />Notary Public, State of Texas <br />