Res 2012-046 - Laserfiche WebLink

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Bk Vol. Fs 12015202 OPR 4358 453 purposes in favor of and in a form acceptable to the City must be provided by G &G or any successor property owner. 2.06 Parkland and Open Space Dedication Required Project Parkland Dedication: Based on the maximum number of units permitted, the total required parkland dedication shall be 1.917 acres. C &G hereby agrees to dedicate the approximately 36 acres of land indicated on the Development Plan and located to the west of the 45 acre residential tract to meet the parkland dedication requirements. This approximately 36 acre tract includes an approximately 5.50 acre area indicated as the "Upland Zone" on the WPP1. The City hereby agrees to provide an access easement to ensure continued access across the parkland area to the adjacent property commonly known as the Holmes Tract. 2.07 Governing Development Regulations A. Development of the Property shall be governed by the following: 1. The Development Plan and this Agreement; 2. The LDC in effect on the 9th day of January, 2012 (the "Submittal Date "); 3. Any Zoning standards and regulations adopted for the Property upon annexation and subsequent initial zoning classification (s); and 4. Construction plans and final plats for all or any portion of the Property that are approved from time to time by the City (the "Approved Plats "). 5. The parties acknowledge that prior to or concurrent with the submittal of the first plat application for development on the Property or any portion thereof, a Watershed Protection Plan, Phase Two, including any required environmental studies and /or geologic assessments, and a Traffic Impact Analysis will be required. B. The Development Plan, this Development Agreement, the LDC, the Zoning Regulations and the Approved Plats shall hereinafter be referred to collectively as the "Governing Regulations." It is further agreed and understood that no ordinance or regulation adopted by the City after the Submittal Date shall in any manner impair C &G's rights under this Development Agreement provided that: 1. Any ordinance or regulation exempted by or not subject to Chapter 245 of the Texas Local Government Code may be enforced on the Property; and 2. Ordinances or regulations adopted pursuant to a requirement of State or Federal law may be enforced on the Property. 2.08 Use of Park Access Road The Owner acknowledges the City's existing 65 foot wide park access road adjacent to the 45 acre single family tract and extending into the 36 acre open space portion of the Property as shown in Exhibit "B" providing access to the City's Purgatory Creek Green space. The City acknowledges that the existing 65 feet of right -of -way is sufficient to serve development of the Property and accommodate the City's park needs and no additional right -of -way dedication will be required. If access to the park road acceptable to the City is provided from the adjacent 45 acre residential tract or the adjacent 3.4 or 6.5 acre commercial tracts, then C &G or successor property owner will be 5