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<br />115. <br /> <br />Donation A2:reement <br /> <br />In consideration of the approval of the Blanco Shoals Planned Development District (the <br />"PDD") by the City of San Marcos (the "City"), Alan Holt, the owner of the property within the <br />PDD (the "Owner"), and the City agree as follows: <br /> <br />1. The Owner agrees to donate to the City the 81.49 acre, more or less, tract of property <br />depicted on the attached map (the "Property"), consisting of all of Lots 5, 6, 7, 8 and 9 of the <br />PDD, located off of the 2200 Block ofIH-35 North in the City of San Marcos, Hays County, <br />Texas, no later than December 31, 2003. The dedication will be by deed approved by the <br />City Attorney of the City. The Owner and the City agree that the deed will contain restrictive <br />covenants regarding the allowed uses of the Property as described in the Development <br />Standards included in the approved POD zoning ordinance for the Property. <br /> <br />2. The Owner and the City will each pay one-half of the cost of the appraisal obtained by the <br />City of the Property . This cost will be apportioned at the time of closing of the sale by the <br />Owner to the City of Lot 4 of the PDD, or if the earnest money contract for that sale is <br />terminated without the sale closing, the Owner will pay one-half of the cost of the appraisal <br />to the City within 30 days of written request by the City. <br /> <br />day of <br /> <br />,2002. <br /> <br />Executed this <br /> <br />Alan Holt <br /> <br />City of San Marcos <br /> <br />By 1J~~ <br />Dan O'Leary, City nager <br /> <br />STATE OF TEXAS <br /> <br />COUNTY OF HAYS <br /> <br />This instrument was acknowledged before me on this day of <br />, 2002 by Alan Holt, known personally to me to be the person whose <br />name is subscribed to this instrument. <br /> <br />Notary Stamp <br /> <br />Notary Public, State of Texas <br />