Res 1989-145 - Laserfiche WebLink

Home Browse Search

172 WATER FACILITIES AND ROADWAY IMPROVEMENTS CONTRACT THE STATE OF TEXAS 814 631 KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF HAYS That the City of San Marcos, Texas, a Texas Municipal Corporation, hereinafter "City," Mountain Enterprises, Inc., a Texas corporation, hereinafter "MEI" and the Estates of San Marcos Homeowner's Association, Inc., a non-profit Corporation, hereinafter "Association", each acting through its duly authorized representative, and the undersigned individual members of the Association and property owners within the Estates of San Marcos, hereinafter "Members," enter into this Agreement. RECITALS WHEREAS, MEI and the Members have made application to the City of San Marcos for the Estates of San Marcos, existing in the County of Hays within the extraterritorial jurisdiction of the City, hereinafter "Subdivision," to be designated as a Planned Development District pursuant to the provisions of the Subdivision and Planned Development District ordinances of City; and, WHEREAS, MEI and the Members are the owners of the real property comprising the Subdivision, consisting of a 133.30 acre tract of property out of the John Williams Survey, Hays County, Texas, and more particularly described in the survey attached hereto as Exhibit "A"; and, WHEREAS, the water facilities present within the proposed subdivision do not meet the provisions of section F of the City subdivision ordinance in that the existing system, although approved by the Texas Water Commission and adequate to meet the needs of residents within the Subdivision for water supply for household uses, is not adequate to meet fire protection requirements; and, WHEREAS, these water facilities are now owned by MEI and the Members, but are to be conveyed to the Association upon development of 75 of the lots in the Subdivision; and, WHEREAS, the alignment of the intersection of the street entering the Subdivision, Mountain High Drive, with McCarty Lane does not meet the City's construction design standards; and, WHEREAS, the approval by the City Planning Commission of the Subdivision is conditioned on the agreement by ME I , the Association and the Members to upgrade and correct these deficiencies upon the occurrence of certain contingencies. In consideration of the City's approval and authorization for the filing of the plat of the Planned Development District known as the Estates of San Marcos, Mountain Enterprises, Inc., the Association and the Members hereby jointly agree as follows: -1- Real Property Records Hays County T exes