Ord 2004-061 - Laserfiche WebLink

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2.3.13. Environmental 1. Water Quality will conform to the City's Water Quality Standards. 2. No portion of the site lies within the Edwards Aquifer Recharge Zone. 3. All Slopes within the buildable areas are less than 15% 2.3.14. Project Phasing The first phase of development will be a section of the low density residential area and parkland. Three phases of development follow within the Low Density Residential Area, concluding with development of the Mixed-Use Area. 3. Miscellaneous 3.1. The Developer understands and acknowledges that the Property will be bound by the provisions of these development standards as though they were conditions, restrictions and limitations on use of the Property under the City's zoning ordinances. 3.2. The Developer, as fee simple owner of the Property, in consideration for the City's approval of the rezoning of the Property, including these Development Standards as an integral part thereof, declares and establishes the following restrictive covenants on the Property in favor of the City. The Developer, on behalf of itself and its successors and assigns with respect to ownership of the Property, covenants and agrees to comply with these Development Standards, and in particular, the following: 2.2 Descriptions of land uses 2.3 Additions and exceptions to City Code 3.0 Miscellaneous The Developer and the City stipulate that 1) this covenant touches and concerns the Property, 2) notice will be given by filing of this instrument in the public records of Hays County, Texas, and 3) these covenants are reasonable in connection with the 'Project. These.covenants run with the title to the Property and are binding on the Property Owner and the Developer's successors and assigns. These covenants may be amended only with the written consent of the City. 3.3. The Property Owner understands and acknowledges that any person, firm, corporation or other entity violating any provisions of these development standards shall be subject to all penalties that apply to violation of the zoning ordinances of the City of San Marcos, as amended. The Developer further understands and acknowledges that any person, firm, corporation or other entity violating any provisions of these development standards shall be subject to a suit by the City for an injunction to enjoin the violation of these development standards as restrictive covenants, and as though they were conditions, restrictions and limitations on use of the Property under the City's zoning ordinance. 3.4. All obligations of the Developer created under these development standards are performable in Hays County, Texas and venue for any action arising under these development standards shall be in Hays County, Texas. These development standards will be construed in accordance with the laws of the State of Texas. 3.5. Nothing in these development standards, express or implied, is intended to confer any rights, benefits or remedies under or by reason of these development standards upon any person or entity other than the City of San Marcos. 13 Blanco River Village PDD Development Standards