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• RESOLUTION NO. 2009-18R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS ADOPTING A PETITION FOR <br />DEVELOPMENT AGREEMENT SUBMITTED BY NRP <br />PROPERTIES, LLC, FOR ENCINO POINT, A 19.68 ACRE, <br />MORE OR LESS DEVELOPMENT LOCATED AT 1800 <br />POST ROAD; AUTHORIZING THE CITY MANAGER TO <br />EXECUTE A DEVELOPMENT AGREEMENT; AND <br />DECLARING AN EFFECTIVE DATE. <br />RECITALS: <br />1. Encino Point is a proposed multi-family development subdivision located at <br />1800 Post Road, just outside of the City limits, but within the City's extraterritorial <br />jurisdiction. The developer is seeking to build, with some State assistance, a 252 unit <br />multi-family development for low income families. A development agreement is <br />necessary in order for the developer to seek State funding assistance. <br />2. The proposed development agreement includes development as a multi- <br />family residential district (MF-18), the extension of utilities to the development at the <br />owner's expense, and annexation of the development after the property is transferred <br />• from its present owners to the developers. The development agreement will terminate <br />in two years, if construction on the development does not begin. <br />3. On October 14, 2008, the Planning and Zoning Commission held a public <br />hearing to consider NRP Properties' Petition for Development Agreement. Subsequent <br />to the public hearing, on the same date, the Planning and Zoning Commission voted to <br />approve the Petition upon the condition that a subsequent plat identify necessary rights <br />of way and utility easements, and allow immediate annexation along the front of the <br />land for City utilities. The Commission also recommend that the Petition be referred to <br />the City Council for adoption. <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />PART 1. The attached Petition for Development Agreement submitted by NRP <br />Properties, LLC, subject to the additional conditions added by the Planning and Zoning <br />Commission is hereby approved.. <br />PART 2. The City Manager, Rick Menchaca, is authorized to execute a <br />development agreement in substantially the same form as requested by NRP Properties <br />and including the conditions added by the Planning and Zoning Commission. <br />PART 3. This Resolution is in full force and effect from and immediately after its <br />enactment.