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• CITY OF SAN MARCOS <br />ENCINO POINTE DEVELOPMENT AGREEMENT <br />1800 POST ROAD <br />This Development Agreement ("Agreement") is made and entered into by and between <br />Reece and Beverly Morrison ("Owner"), NRP Properties LLC, its successors and assigns <br />("Developer"), and the CITY OF SAN MARCOS, TEXAS, a home rule city and municipal <br />corporation ("City"). <br />RF.("TTAI.C <br />WHEREAS, Owner owns a certain 19.68-acre tract of real property (the "Property") <br />more fully described in Exhibit "A" attached hereto and incorporated herein; and <br />WHEREAS, the Property is outside the corporate boundaries of the City, but within the <br />City's extra territorial jurisdiction ("ETJ"); and <br />WHEREAS, Owner has entered into a contract for sale of the Property to Developer; and <br />WHEREAS, Developer intends to develop the Property as a multi-family project; and <br />WHEREAS, Owner has submitted a petition for a development agreement to the City to <br />establish the timing of any annexation of the Property and regulations that apply to the <br />is development of the property prior to and subsequent to annexation; and <br />WHEREAS, Owner and Developer have requested that the City enter into this <br />Agreement to memorialize certain agreements and commitments by the City with respect to the <br />development of the Property and the provision of certain services to the Property; and <br />WHEREAS, if developed per Developer's plans, the proposed development of the <br />Property will benefit the City by, among other things, creating additional housing opportunities; <br />and <br />WHEREAS, Section 2.2.1.1 of the City's Land Development Code provides for a <br />development agreement between the City and a property owner to enable the development of <br />land in the City's ETJ and to provide for development in the ETJ that is compatible with <br />development inside City limits; and <br />WHEREAS, Section 2.2.1.3 of the City's Land Development Code describes the <br />minimum contents of such a development agreement; and <br />WHEREAS, the CITY, Owner, and Developer desire to establish a Development <br />Agreement in accordance with the terms and conditions of Chapter 212, Subchapter G of the <br />Texas Local Government Code, Agreement Governing Certain Land In A Municipality's <br />Extraterritorial Jurisdiction; <br />0