Res 2012-046 - Laserfiche WebLink

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1201S202 OFR 435E 444 DEVELOPMENT AGREEMENT (INCLUDING ARCHITECTURAL STANDARDS) BETWEEN C &G DEVELOPMENT, LTD. AND THE CITY OF SAN MARCOS, TEXAS REGARDING 99.2 ACRES OF LAND OUT OF JOHN WILLIAMS SURVEY, ABSTRACT NO. 490, AND THE T.J. CHAMBERS SURVEY, ABSTRACT NO. 2, BEING A PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED BY DEED FROM MARTHA E. HOLMES, ET AL TO C &G DEVELOPMENT, INC. AND RECORDED IN VOLUME 1360, PAGE 92 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS OWNED BY C &G DEVELOPMENT, LTD. This DEVELOPMENT AGREEMENT is made and entered into as of the 1st day of May, 2012 (the "Effective Date "), by and between the CITY OF SAN MARCOS, TEXAS, a Texas municipal corporation (the "City ") and C &G DEVELOPMENT, LTD., a Texas Limited Partnership ( "C &G" or the "Owner "). The City and C &G are sometimes hereinafter referred to individually as "Party ", and collectively as the "Parties ". SECTION 1: RECITALS AND PURPOSES 1.01 C &G currently owns 99.2 acres, more or less, of land, a portion of which is located in the extraterritorial jurisdiction ( "ETJ') of the City, Hays County, Texas, and a portion of which is located in the City's municipal boundaries, all as more particularly described in Exhibit "A" and shown in Exhibit "B," each attached hereto and incorporated herein for all purposes (the "Property "). 1.02 C &G intends to develop the Property to include commercial and residential uses. 1.03 The City is authorized to make and enter into Development Agreements with developers with respect to land in its extraterritorial jurisdiction ( "ETJ ") proposed for development in accordance with Subchapter G, Chapter 212 of the Texas Local Government Code ( "Chapter 212 ") and Article 2, Chapter 2 of the City's Land Development Code ( "LDC "), to accomplish the following purposes: A. Extend the City's planning authority over such land in accordance with a development plan approved by the City under which certain uses and development of the of the land are authorized; B. Authorize enforcement by the City of municipal land use and development regulations for the land to the extent the same are consistent with the development plan, and in the same manner the applicable regulations are enforced within the City's municipal boundaries. C. Authorize enforcement by the City of land use and development regulations for the land other than those that apply within the City's boundaries, as may be agreed to between the City and the developer; D. Specify the uses and development of the land before and after annexation, if annexation is agreed to by the developer; E. Provide for infrastructure for the land, including but not limited to streets and roads, street and road drainage, land drainage, and water, wastewater and other utility systems; and F. Include other lawful terms and considerations the City and developer consider appropriate. 1.04 The City and C &G seek to enter into an agreement to enable development of land in the ETJ to occur at densities or intensities of use that require public water and wastewater services and to establish parameters for annexation in the future consistent with the requirements of Chapter 212 and Article 2 of the LDC.