HomeMy WebLinkAbout2014-197s:\legal\our documents\ordinances\14\nunc pro tune ordinance accepting omitted polster non annexation agreement-dh-9 al redline.docx
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AN ORDINANCE OF THE CITY OF DENTON, NUNC PRO TUNC, CORRECTING AN
INADVERTENT MISTAKE IN ORDINANCE NO. 2012-362, RELATING TO THE
ACCEPTANCE OF ELIGIBLE NON -ANNEXATION ' AGREEMENTS FOR
AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES
WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE EXISTING CITY
LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH-9,
LOCATED NORTH OF POCKRUS PAGE ROAD, NORTH, SOUTH AND NORTHEAST OF
EDWARDS ROAD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBITS "A" AND B
ATTACHED HERETO; SPECIFICALLY BY INCLUDING TWO PARCELS OF LAND
THAT WEWINADVERTENTLY EXCLUDED FROM ORDINANCE NO. 2012-362 EVEN
THOUGH THV_ PARCELS WERE SUBJECT TO A SIGNED NON -ANNEXATION
AGREEMENT; PROVIDING FOR SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on December 18, 2012, the City Council adopted Ordinance No. 2012-362,
which ordinance accepted non -annexation agreements signed by eligible property owners within
an area of approximately 298 acres of land generally identified as "DH-9", as legally described
and depicted in the attached Exhibits "A"
" and `B" to Ordinance No. 2012-362 and attached
herein, that was separately annexed into Lthe City of Denton, Texas via Ordinance No. 2013-096
on April 16, 2013; and
WHEREAS, per Section 43.035, Subchapter B, Local Government Code, a Texas city is
required to make offers of non -annexation development agreements to the owners of all
properties which have been appraised for ad valorem tax purposes as land for agricultural,
wildlife management or timberland within the area to be annexed; and
WHEREAS, under a non -annexation agreement between an eligible property owner and
the City, the land subject to the agreement retains its extraterritorial status and the owners of
such land must abide by the City's development regulations as if such land were within the City
limits, as provided further in such agreement; and
WHEREAS, the City has recently discovered that two otherwise eligible parcels, as
legally described in Exhibit "C-6" as attached herein, were omitted from approval of non -
annexation agreements by Ordinance No. 2012-362, due to an inadvertent clerical error; and
WHEREAS, the property owners had provided to the City a signed copy of the non -
annexation agreement covering the two eligible parcels that were not included for adoption with
Ordinance No. 2012-362; and
WHEREAS, in the interest of fairness, and for the purpose of carrying out the original
intent of Ordinances Nos. 2012-362 and 2013-096, the City and the affected owners wish to
correct that inadvertent clerical error via this ordinance, nunc pro tune, by approving a non -
annexation agreement for these eligible parcels, to commence immediately and to expire on the
same date as the rest of the non -annexation agreements approved by Ordinance No. 2012-362,
and to thereafter correct annexation Ordinance 2013-096 via separate ordinance, nunc pro tune,
to remove these omitted eligible parcels from the City limits and tax rolls, and to reimburse the
property owners for the City portion of ad valorem taxes paid as a result of being annexed via
Ordinance No. 2013-096; and
WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of
the City of Denton to enter into such non -annexation agreements with eligible property owners
who timely submitted non -annexation agreements and have now corrected any legal defects
therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. A certain area of land was previously denominated in Ordinance No. 2012-
362 as "DH-9", which was legally described and depicted in attached Exhibits "A" and "B" to
that ordinance, and incorporated therein by reference. For the purposes of this Ordinance, the
term "DH-9" shall have the same meaning, and such prior legal description and depiction are
incorporated herein by reference.
SECTION 3. A certain offered non -annexation agreement relating to eligible properties
contained within the previously defined DH-9 area, which has been properly executed by the
owners of those properties, and which legally described by prior recorded instruments referenced
therein, is hereby approved and accepted by the City of Denton, Texas. Said agreement is
attached hereto and incorporated to Ordinance No. 2012-362 as Exhibit "C-6".
SECTION 4. The City Manager is authorized and directed to sign the non -annexation
agreement contained within Exhibit "C-6", for and on behalf of the City of Denton as a
ministerial act, but with an effective date of this Council's action on same. The City Manager
shall further arrange forthwith for the recordation of non -annexation agreements in the real
property records of Denton County, Texas.
SECTION 5. The City Manager shall ensure that the two parcels described in Exhibit
"C-6" are removed from the City tax rolls and is further directed to undertake the necessary steps
to reimburse the property owners the City portion of ad valorem taxes paid for the two parcels
for the tax years subsequent to the adoption of Ordinance No. 2013-096.
SECTION 6. All other provisions of Ordinance No. 2012-362 not specifically amended
herein shall continue in force and effect; however, the provisions of this ordinance shall govern
and control over any conflicting provisions of Ordinance No. 2012-362, to the extent of any such
conflict.
Page 2
SECTION 7. This Ordinance shall take effect immediately on its passage and approval.
AND IT IS SO ORDERED.
PASSED AND APPROVED by the City Council reading this �ay of, 2014.
C1-11 )AA S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:,
A1'l VI?D = TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ....
Page 3
EXHIBIT A
Exhibit "X'— D14-5
ALL those certain lots, tracts or parcels of land lying and being situated in the County of
Denton, State of Texas and presently being wholly surrounded and fully embraced by the
Denton city limit boundaries of record and established by the annexation ordinances as
follows. Ordinance 1983-18, Ordinance 1984-17 (Tracts II & IID, Ordinance 1984-97,
Ordinance 1986-129, Ordinance 1986-130, Ordinance 1986-214, Ordinance 1986-218,
Ordinance 1998-256, Ordinance 1999-262, Ordinance 2004-134 (Tract 11), and
Ordinance 2004-192; and boing more specifically described as follows:
BEGIMING at a in described in Ordinance 86-130, said point being on the north
boundary line of the property described in Ordinance 84-97 and a point in the center of
Swisher Road, said point also being the Point of Beginning of the property described in
Ordinance 86-130;
UIENCE North 001 41' 04" East, 1520.87 feet with the center of Swisher Road to a
point for a corner;
THENCE North 89' 50' 58" East, 1655.56 feet to a point for a corner;
THENCE northerly along the west line of the property described in Ordinance 86-130 to
a. point described in Ordinance 98-256, said point being the southeast comer of the
property described in Ordinance 98-256;
TIM 3NCF North 86c23' 49" West, 1632.5 to a point for a comer, said point being the
point of beginning for the property described in. Ordinance 98-256;
THENCE North 04* 44' 29" Fast, 283.1 feet to a pin for a corner;
THENCE North 720 08' 23" Fast, 271.89 feet to a point for a corner;
THENCE North 88* 59' 12" East, 526.69 feet to a point for a corner;
THI.I.NCE South 8611 21' 22" Fast, 150.03 feet to a point for a corner;
THENCE- South 861 20' 48" East, 704.84 feet to a point on a comer, said point being the
northeast corner of the property described in Ordinance 98-256 and on the west line of
the property described in Ordinance 86-130;
THENCE northerly Wong the west line of the property described in Ordinance 86-130
said point being the northeast corner of the property;
THENCE North 89" 29' 0311 East, 1261 All feet to a point for a corner,
THENCE North 00" 40' 16" West, 83.55 feet to a point, said point being the beginning of
a curve described in Ordinance 86-130,
iff1w 111111111 ','1 111 1111111 11111111 "1 111111111 11111111 !11111111
THENCE North 211 19'44" East, 69&69.1bet to a point for a corner, said point on a line
as described in Ordinance 82-214;
TFIENCE Westerly along a line described in Ordinance 82-214 to a point fora Cotner,
said point being US Amy Corps of Engineers (USACE)Monument P-238-W;
THENCE along a series of courses and distances as described in Ordinance 82-214 as
follows,
South 82' 1 S'
West, 236.4 feet to USACE Monument P-239-W;
South 69* 35'
West, 556.8 fed to USACE Monument P-240-W;
North 38'59'
West, 1140.8 feet to USACE MQnument P-241-W;
South 580 121
West, 672.9 feet to USACE Monument P-242-W;
North 88' 58'
West, 547.2 feet to USACE Monument P-243-W;
North 17' 12'
West, 341,7 feet to USACE Monument P-244-W;
Nordi, 271 41'
East, 1643 feet to USACE Monument P-245-W;
THENCE South 88' 58' East to a point of irttmcction with the property described in
Ordinance 86-129;
THENCE Northwesterly along the middle of Pecan Crock, approximately 1040 feet in a
series of courses and distances as described in Ordinance 86-129 to a point of intersection
with the cast boundary of the property described in Ordinance 83-18,-
THENCE South 4' 11' 22" West, 744.55 feet to a point for a comor, said point being the
southeast corner of the property described in Ordinance 83-18;
'IMNCE Westerly approximately 310 feet to a point of intersection with the property
described in Ordinance 2004-192, said point being the northeast corner of said property;
THIiNCE South 02130' 20, West, 598.74 feet to a point for a corner;
THENCE South 86134' 09" East, 289.44 feet to a point for a comer;
THENCE South 020 13' 37" Wet, 296.76 feet to a point for a comer;
THENCE North 871135' 54" West, 288.25 feet to a point for a comer;
THENCE South 02* 28' 11" West, 303.97 feet to a point for a comer;
THENCE South 87* 35' 54" East 288.25 feet to a point in Swisher Road;
nIENCE South along the center of Swisher Road, approxinugely 678.27 feet to a point
at a corner,
THENCE South 890 3 S' 54" We2051 feet to a point fora comer;
TFIENCE North to a point of intersection with the property described in Ordinance 86-
218;
THBNCB North 89' 47' 12" West, 40.21 feet to a point for a comer;
THENCE South 04'* 19' 30"'West, 1507.29 feet to a point for a comer, said point being
the southeast comer of said tract and lying in the center line of Edwards Road and having
an intersection of a northerly line of the property described in Ordinance 99-262;
THENCE, Easterly along the centerlino of Edwards Road to a point for a comer;
THENCE South 000 21' 39" East, 1328.19 feet to a point for a corner, said point being
on the north line of the property described in Ordinance 84-17,Tract 11;
THENCE Easterly to a point intersecting the out line of the property described in
Ordinance 2004-134, Tract 11;
TIMNCE South 02' 02' 3 1 " West, 724,32 feet to a point for a corner;
THENCE No 871 02' 50" West, 73 " I I feet to a point for a comer;
THENCE South 02* 00' 40" West, 59& 16 feet to a point on Pokrus Page Road;
THENCE Easterly to the Point of Beginning, containing approximately 298 acres.
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EXHIBIT B
'Exhibit B
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EXHIBIT C-6
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
NON -ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and
between the City of Denton, Texas (the "City") and John R. Polster and Lisa K. Polster
("Owners"), the property owners of the hereinafter described property (the "Property") in Denton
County, Texas, sometimes individually or collectively referred to as "Party" or "Parties":
1. Being a 10.10 acre tract of land, more or less, situated in the Gideon Walker Survey,
Abstract No. 1330, Denton County, Texas, and being more fully described in that certain
Warranty Deed with Vendor's Lien dated September 28, 2007 from Raymond L. Grimes
and Judith Mae Grimes, husband and wife to John R. Polster and Lisa K. Polster,
husband and wife, filed for record on October 3, 2007 and recorded in Instrument No.
2007-117718 of the Real Property Records of Denton County, Texas. Said 10.10 acre
tract is commonly known as DCAD Property ID 524157.
2. Being a 10.100 acre tract of land, more or less, situated in the Gideon Walker Survey,
Abstract No. 1330, Denton County, Texas, and being more fully described in that certain
Warranty Deed with Vendor's Lien dated September 21, 2005 from Raymond Lee
Grimes and wife, Judith Mae Grimes to John R. Polster and wife, Lisa K. Polster, filed
for record on October 5, 2005 and recorded in Instrument No. 2005-123913 of the Real
Property Records of Denton County, Texas; now known as Lot 1, Block 1 of Polster
Addition, an Addition to the E.T.J. of the City of Denton, filed for record on March 7,
2011 and recorded in Instrument Number 2011-42 of the Plat Records of Denton County,
Texas. Said 10.100 acre tract is commonly known as DCAD Property ID 306410.
WHEREAS, the City has given notice of its intent to institute annexation proceedings for
an "Annexation Area" that includes the above -described Property, in accordance with Tex. Loc.
Gov't Code ch. 43; and
WHEREAS, Owners desire that the Property remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this Agreement;
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, OWNERS represent that it is their intention not to develop the Property
during the term of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for
purposes of retaining land in the municipality's ETJ in exchange for the property owner's
.m .
covenant not to develop the property and to authorize the municipality to apply development
regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex.
Loc. Gov't Code section 43.035; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm -related and ranch -related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement.
The property owner may apply to the City for division of the land subject to this Agreement into
parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section
without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governing Regulations. The following City regulations shall apply to any
development of the Property, as may be amended from time to time, provided that the
application of such regulations does not result in interference with the use of the land for
agricultural, wildlife management or forestry purposes and does not prevent the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code ("DDC"), as
amended pursuant to The Denton Plan, 1999-2020, as amended, including but
not limited to the (RD-5) Zoning District regulations, and standards
incorporated therein
(2) The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria
Manuals (including construction, drainage, site design, solid waste,
transportation, tree protection standards, and water/wastewater), Denton
Mobility Plan and other approved Master Plans of the City of Denton, Texas,
and the North Central Texas Council of Governments Standard Specifications
for Public Works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG
Manual);
Page 9
(3) Denton building codes, as contained within Denton Code Chapters 17, 28 and
29, and DDC Subchapter 24, adopting:
a. International Building Code, 2006 Edition with local amendments;
b. International Residential Code, 2006 Edition with Appendix G and
local amendments;
C. The International Fire Code, 2006 Edition with local amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Property Maintenance
Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local amendments.
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code §§28-383
— 437 and §§17-141 — 210, as amended and as applicable;
1. Irrigation Standards, Denton Code §§28-441 — 457; and
M. Moving Buildings, Denton Code §§28-326 — 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended;
(5) Applicable water and wastewater connection, construction and on -site
operation requirements, contained within Chapter 26 of the Denton Code of
Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended,
the Denton Water and Wastewater Criteria Manual, as amended, and as
supplemented by the Texas Water Code, as amended, Texas Natural
Resources Code, as amended, Texas Utilities Code, as amended, and
applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as contained
within Chapter 30 of the Denton Code, as amended, and subchapters 17
through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as
amended, and as supplemented by requirements of the Texas Water Code, as
amended, Texas Natural Resources Code, as amended, applicable
administrative standards of the Texas Commission on Environmental Quality,
as amended, and applicable administrative standards of the Federal
Emergency Management Administration, as amended; and
(7) Gas Well platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22 of the Denton Development Code, as amended
and as applicable, and as supplemented by requirements of the Texas Utilities
Code, the Texas Natural Resources Code, the Texas Water Code, and
Page 10
applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for
a period of 180 calendar days thereafter, or until the effective date of the annexation and
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that
the City may deny any development application or plan of development that is submitted to the
City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of
land as may then exist. Owners expressly and irrevocably consent to annexation of the Property
under such circumstances. Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
Page 11
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. The Term may be extended upon mutual
agreement of the Parties. In the event that the Denton City Council fails to complete annexation
of the proposed Annexation Area, excluding any land subject to an executed non -annexation
agreement, and as may be modified by any changes to the City's annexation plan, prior to June 1,
2013, the City Manager is authorized to rescind this Agreement on behalf of the City, if such
rescission is requested by Owners prior to December 1, 2013.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
The Parties hereto have executed this agreement as of , 2014.
Owners
John R. Polster
Lisa K. Polster
The City of Denton, Texas
By...... -—
City Manager, Deputy City Manager, or
Designated Representative
Page 12
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of
2014, by John R. Polster.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of
2014, by Lisa K. Polster.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of
2014, by city
Manager/Deputy City Manager/Designated Representative, on behalf of the City of Denton,
Texas.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
M
Notary Public, State of Texas
Page 13
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lisa dh-9 line 12.docx
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
NON -ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and
between the City of Denton, Texas (the "City") and John R. Polster and Lisa K. Polster
("Owners"), the property owners of the hereinafter described property (the "Property") in Denton
County, Texas, sometimes individually or collectively referred to as "Party" or "Parties":
1. Being a 10.10 acre tract of land, more or less, situated in the Gideon Walker Survey,
Abstract No. 1330, Denton County, Texas, and being more fully described in that certain
Warranty Deed with Vendor's Lien dated September 28, 2007 from Raymond L. Grimes
and Judith Mae Grimes, husband and wife to John R. Polster and Lisa K. Polster,
husband and wife, filed for record on October 3, 2007 and recorded in Instrument No.
2007-117718 of the Real Property Records of Denton County, Texas. Said 10.10 acre
tract is commonly known as DCAD Property ID 524157.
2. Being a 10.100 acre tract of land, more or less, situated in the Gideon Walker Survey,
Abstract No. 1330, Denton County, Texas, and being more fully described in that certain
Warranty Deed with Vendor's Lien dated September 21, 2005 from Raymond Lee
Grimes and wife, Judith Mae Grimes to John R. Polster and wife, Lisa K. Polster, filed
for record on October 5, 2005 and recorded in Instrument No. 2005-123913 of the Real
Property Records of Denton County, Texas; now known as Lot 1, Block 1 of Polster
Addition, an Addition to the E.T.J. of the City of Denton, filed for record on March 7,
2011 and recorded in Instrument Number 2011-42 of the Plat Records of Denton County,
Texas. Said 10.100 acre tract is commonly known as DCAD Property ID 306410.
WHEREAS, the City has given notice of its intent to institute annexation proceedings for
an "Annexation Area" that includes the above -described Property, in accordance with Tex. Loc.
Gov't Code ch. 43; and
WHEREAS, Owners desire that the Property remain in the City's extraterritorial
jurisdiction ("BTJ") for the term of this Agreement;
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, OWNERS represent that it is their intention not to develop the Property
during the term of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for
c:\docume--1\john\locals--1\temp\temporary directory 1 for fw_%20non%20annexation%20agreement[l].zip\polster john and
lisa dh-9 line 12.docx
purposes of retaining land in the municipality's ETJ in exchange for the property owner's
covenant not to develop the property and to authorize the municipality to apply development
regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex.
Loc. Gov't Code section 43.035; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm -related and ranch -related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement.
The property owner may apply to the City for division of the land subject to this Agreement into
parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section
without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governing Regulations. The following City regulations shall apply to any
development of the Property, as may be amended from time to time, provided that the
application of such regulations does not result in interference with the use of the land for
agricultural, wildlife management or forestry purposes and does not prevent the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code ("DDC"), as
amended pursuant to The Denton Plan, 1999-2020, as amended, including but
not limited to the (RD-5) Zoning District regulations, and standards
incorporated therein
(2) The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria
Manuals (including construction, drainage, site design, solid waste,
transportation, tree protection standards, and water/wastewater), Denton
Mobility Plan and other approved Master Plans of the City of Denton, Texas,
and the North Central Texas Council of Governments Standard Specifications
2
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for Public Works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG
Manual);
(3) Denton building codes, as contained within Denton Code Chapters 17, 28 and
29, and DDC Subchapter 24, adopting:
a. International Building Code, 2006 Edition with local amendments;
b. International Residential Code, 2006 Edition with Appendix G and
local amendments;
C. The International Fire Code, 2006 Edition with local amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Property Maintenance
Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local amendments.
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code §§28-383
— 437 and §§17-141 — 210, as amended and as applicable;
1. Irrigation Standards, Denton Code §§28-441 — 457; and
M. Moving Buildings, Denton Code §§28-326 — 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended;
(5) Applicable water and wastewater connection, construction and on -site
operation requirements, contained within Chapter 26 of the Denton Code of
Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended,
the Denton Water and Wastewater Criteria Manual, as amended, and as
supplemented by the Texas Water Code, as amended, Texas Natural
Resources Code, as amended, Texas Utilities Code, as amended, and
applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as contained
within Chapter 30 of the Denton Code, as amended, and subchapters 17
through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as
amended, and as supplemented by requirements of the Texas Water Code, as
amended, Texas Natural Resources Code, as amended, applicable
administrative standards of the Texas Commission on Environmental Quality,
as amended, and applicable administrative standards of the Federal
Emergency Management Administration, as amended; and
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(7) Gas Well platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22 of the Denton Development Code, as amended
and as applicable, and as supplemented by requirements of the Texas Utilities
Code, the Texas Natural Resources Code, the Texas Water Code, and
applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for
a period of 180 calendar days thereafter, or until the effective date of the annexation and
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that
the City may deny any development application or plan of development that is submitted to the
City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of
land as may then exist. Owners expressly and irrevocably consent to annexation of the Property
under such circumstances. Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
.19
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Section 8. Severability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. The Term may be extended upon mutual
agreement of the Parties. In the event that the Denton City Council fails to complete annexation
of the proposed Annexation Area, excluding any land subject to an executed non -annexation
agreement, and as may be modified by any changes to the City's annexation plan, prior to June 1,
2013, the City Manager is authorized to rescind this Agreement on behalf of the City, if such
rescission is requested by Owners prior to December 1, 2013.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
The Parties hereto have executed this agreement as of , 2014.
JohnPQlster
K. Polster
5
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THE CITY OF DENTON, TEXAS
B`
City Manager Deputy City M-anager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the �_ day of
2014, by John R. Polster.
straerer
p SANDY LAWSON
Notary Public, State of Texas
s My Commission Expires
*ti October 07, 2016
"Neauswa
THE STATE OF TEXAS
COUNTY OF DENTON
Notary Public, State of Texas
This instrument was acknowledged before me on the 10 day of
2014, by Lisa K. Polster.
SANDY LAWSON
x° ;n Notary Public. State of Texas My Commission Commission Expires Notary Public, State o 'Texas
October 07, 2016
THE STATE OF TEXAS
COUNTY OF DENTON
This i'sir rseat was acicrtowledgecl before me on the day of 2014, by
City Manager/Deputy Cit Man r/Designated
Rel�resenir "ve, on behalf f`the City of Denton, Texas.
JWN.. i,R K. WA'MR
o
FAy C o s. � o Expires
N t ry alb c, St tee 1"exas
y.
n
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:° '"`,
�-7��QQ L�
$OS , GF # 5900526-X TH/FNT/59 John R. Polster/Raymond Lee Grimes
WARRANTY DEED WITH VENDOR'S LIEN
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT
BEFORE IT IS FILED FOR RECORDS IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: This 21 st of September, 2005
Grantor: Raymond Lee Grimes and wife, Judith Mae Grimes
Grantor's Mailing Address: 4268 Swisher Road, Denton, Denton County,Texas 76208
Grantee: John R, Polster and wife, Lisa Polster
Grantee's Mailing Address: 415 Bronco Circle, Shady Shores, Denton County, Texas 76208
Consideration:
TEN AND NO/100 DOLLARS (t10.0M and other valuable consideration and note
of eaten date executed by Grantee payable to the order of Rayrnond L, Grimes
and. Judith Mae Grimes 4"Lender"), In the amount of One Hundred Eighty Thousand
Dotlats,sttd the note being secured in whole or In part by
vendors lion retained in favor of Lender in this deem and also secured by a Deed of
Trust of even date from Grantee to Fontaine D. Laughlin, Trustee
Property (including any improvements): 10.10 acres in the Gideon Walker Survey Abstract 1330, Denton County,
Texas, more specifically described in Exhibit "A" Attached hereto and made a part hereof.
Reservations from and Exceptions to Conveyance and Warranty:
Any and all restrictions and easements of record.
Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and
warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights antq
appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors,
administrators, successors, or assigns, as the case may be, forever. Granter binds Grantor and Grantor's heirs,
executors, administrators, successors and assigns, as the case may be, to warrant and forever defend all and
singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against
every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations
from and exceptions to conveyance and warranty. All interest in and to all oil, gas, and other m1nerals in, on, under
or that may be produced from is hereby reserved to Grantor, his heirs, successors and/ or assigns.
The vendor's lien against and superior title to the property are retained until each note described is fully paid
according to its terms, at which time this deed shall become absolute. The vendor's lien and superior title are
transferred to Lender without recourse on Grantor.
When the context requires, singular nouns and pronouns include the plural,
.r
flay and Lee Grimes Judah Mae Grimes
STATE OF TEXAS
COUNTY OFDENTON
This instrument was acknowledged before me on the 21st day of September, 2005 by Raymond Lee Grimes
and wife, Judith Mae Grimes,
,dt llrrrlf
w
AFTER RECORDING, RETURN TO: ` J ;• r `'
FIDELITY NATIONAL TITLE
2507 Quail Run Road
Corinth, Texas 76208
Notary PI r , . tatno Texas
PREPARED IN THE OFFICES OF:
FONTAINE D. LAUGHLIN, ATTORNEY
2507 Quail Run Road
Corinth, Texas 76208
EXHIBIT "A"
TRACT 1:
GF No.: 5900526-X-0059
BEING all that certain tract or parcel of land situated in the Gideon Walker Survey, Abstract Number
1330, Denton County, Texas and being part of a 106.087 acre tract of land described in a Deed from
Wesley G. Stewart to Raymond Lee Grimes and wife, Judith Mae Grimes as recorded in Volume 1411,
Page 654 of Deed Records in Denton County, Texas and being more particularly described as follows:
BEGINNING at a capped 1 /2" iron rod set for the Southwest corner of the herein described tract from
which the Southwest corner of said 106.087 acre tract bears North 87 degrees 34 minutes 03 seconds
West 2322.73 feet;
THENCE North 1120.43 feet to a capped iron rod set in the South line of a tract of land described in
a Deed from the City of Dallas to the U.S.A. as recorded in Volume 411, Page 194 Deed Records,
Denton County, Texas for the Northwest corner of the herein described tract;
THENCE North 69 degrees 28 minutes 03 seconds East with the South line thereof a distance of
355.03 feet to a Corps of Engineers monument stamped P-239-W for corner;
THENCE North 82 degrees 18 minutes 29 seconds East with said South line to a capped 1 /2" iron rod
set for corner;
THENCE South 67 degrees 43 minutes 00 seconds East with said South line a distance of 59.28 feet
to a capped 1 /2" iron rod set for the Northeast corner of the herein described tract;
THENCE South 24 degrees 04 minutes 25 seconds West a distance of 698.80 feet to capped 1 /2" iron
rod set for the beginning of a curve a curve to the left with a radius of 1440.00 feet a chord bearing
and a distance of South 13 degrees 04 minutes 19 seconds West; 549.62 feet;
THENCE Southwesterly, along said curve an arc distance of 553.01 feet to a capped 1 /2" iron rod set
for corner;
THENCE South 02 degrees 00 minutes 54 seconds West a distance of 69.76 feet to a capped 1 /2" iron
rod set in the South line of said 105.087 acre tract for. the Southeast corner of the herein described
tract;
THENCE North 87 degrees 34 minutes 03 seconds West a distance of 209.86 feet to the POINT OF
BEGINNING and enclosing 10.100 acres of land more or less.
NOTE: THE COMPANY DOES NOT REPRESENT THAT THE ACREAGE AND/OR SQUARE FOOTAGE
CALCULATIONS ARE CORRECT.
TRACT 2: (Easement Estate)
BEING all that certain tract or parcel of land situated in the Gideon Walker Survey, Abstract Number
1330, Denton County, Texas and being part of a 105.087 acre tract of land described in a deed from
Wesley G. Stewart to Raymon Lee Grimes and wife, Judith Mae Grimes as recorded in Volume 1411,
Page 654 of Deed Records in Denton County, Texas and being more particularly described as follows:
BEGINNING at a 3/4" iron rod found for the Southwest corner of said 105.087 acre tract and the East
line of Swisher Road;
THENCE North 01 degrees 43 minutes 54 seconds East with the East line of said Road a distance of
30.00 feet to a point for corner; _
THENCE South 87 degrees 34 minutes 03 seconds East a distance of 2321.83 feet to a point for
GF No.: 5900526-X-0059
corner;
THENCE South a distance of 30.03 feet to a capped 1/2" iron rod set for corner;
THENCE North 87 degrees 34 minutes 03 seconds West with the South line of said 105.087 acres a
distance of 2322.73 feet to POINT OF BEGINNING and enclosing 1.600 acres of land more or less.
NOTE: THE COMPANY DOES NOT REPRESENT THAT THE ACREAGE AND/OR SQUARE FOOTAGE
CALCULATIONS ARE CORRECT.
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
70 2005 !)0123913
Instrument Number: 2005-123913
As
Recorded On: October 05, 2005 Warranty Deed
Parties: GRIMES RAYMOND LEE
To
Comment:
Warranty Deed
Total Recording
** Examined and Charged as Follows: **
28.00
28.00
Billable Pages: 4
Number of Pages: 4
************ THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2005-123913
Receipt Number: 232384 FIDELITY TITLE
Recorded Date/Time: October 05, 2005 11:37A WILL CALL
DENTON TX 76202
User / Station: J Morris - Cash Station 1
z`tl.
THE STATE OF TEXAS }
COUNTY OF DENTON }
I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
t r?
printed heron, and was duly RECORDED In the Official Records of Denton County, Texas.
t ry i x
Nv p
County Clerk
----
za:c, •*�
Denton County, Texas
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Deed of Trust
Terms
Date: September _ Z E� 2007
Grantor: John R. Polster and Lisa K. Polster, husband and wife
Grantor's Mailing Address:
John R. Polster and Lisa K. Polster
415 Bronco Circle
Shady Shores, TX 76208-5107
Denton County
Trustee: Fontaine D. Laughlin
Trustee's Mailing Address:
2507 Quail Run Drive
Corinth, Texas 76208
Denton County
Lender: Raymond L. Grimes and Judith Mae Grimes
Lender's Mailing Address:
Obligation
Note
4268 Swisher Road
Denton, TX 76208
Denton County
Date: September Zg 2007
Original principal amount:
Borrower: John R. Polster and Lisa K. Polster
Lender: Raymond L. Grimes and Judith Mae Grimes
Maturity date: September 21, 2027
Terms of Payment: As provided in the note.
Other Debt:
None.
Property (including any improvements):
10.10 acres (+/-) in the Gideon Walker Survey, Abstract No.1330, more specifically described in
Exhibit A attached hereto and made a part hereof.
Prior Lien:
None.
Other Exceptions to Conveyance and Warranty:
Liens described as part of the Consideration and any other liens described in the deed to Grantors as
being either assumed or subject to which title is taken; validly existing easements, rights -of -way, and
prescriptive rights, whether of record or not; all presently recorded and validly existing instruments, other
than conveyances of the surface fee estate, that affect the Property; and taxes for 2005, and subsequent
assessments for that and prior years due to change in land usage, ownership, or both.
For value received and to secure payment of the Obligation, Grantors convey the Property to Trustee
in trust. Grantors warrant and agree to defend the title to the Property, subject to the Other Exceptions to
Conveyance and Warranty. On payment of the Obligation and all other amounts secured by this deed of
trust, this deed of trust will have no further effect, and Lenders will release it at Grantors' expense.
Clauses and Covenants
A. Grantors' Obligations
Grantors agree to -
keep the Property in good repair and condition;
2. pay all taxes and assessments on the Property before delinquency;
3. defend title to the Property subject to the Other Exceptions to Conveyance and Warranty and
preserve the lien's priority as it is established in this deed of trust;
4. maintain, in a form acceptable to Lenders, an insurance policy that -
a. covers all improvements for their full insurable value as determined when the policy
is issued and renewed, unless Lenders approve a smaller amount in writing;
b. contains an 80 percent coinsurance clause;
C. provides all-risk coverage;
d. protects Lenders with a standard mortgage clause;
e. provides flood insurance at any time the Property is in a flood hazard area; and
f, contains such other coverage as Lenders may reasonably require;
5. comply at all times with the requirements of the 80 percent coinsurance clause;
6. deliver the insurance policy to Lenders within ten days of the date of this deed of trust and
deliver renewals to Lenders at least fifteen days before expiration;
7. obey all laws, ordinances, and restrictive covenants applicable to the Property;
keep any buildings occupied as required by the insurance policy;
9. if the lien of this deed of trust is not a first lien, pay or cause to be paid all prior lien notes and
abide by or cause to be abided by all prior lien instruments; and
10, notify Lender of any change of address.
B. Lenders' Rights
1. Lenders or Lenders' mortgage servicer may appoint in writing a substitute trustee, succeeding
to all rights and responsibilities of Trustee.
2. If the proceeds of the Obligation are used to pay any debt secured by prior liens, Lenders are
subrogated to all the rights and liens of the holders of any debt so paid.
3. Lenders may apply any proceeds received under the insurance policy either to reduce the
Obligation or to repair or replace damaged or destroyed improvements covered by the policy. If the Property
is Grantors' primary residence and Lenders reasonably determine that repairs to the improvements are
economically feasible, Lenders will make the insurance proceeds available to Grantors for repairs.
4. Notwithstanding the terms of the Note to the contrary, and unless applicable law prohibits, all
payments received by Lenders from Grantors with respect to the Obligation or this deed of trust may, at
Lenders' discretion, be applied first to amounts payable under this deed of trust and then to amounts due and
payable to Lenders with respect to the Obligation, to be applied to late charges, principal, or interest in the
order Lenders in their discretion determine.
5. If Grantors fail to perform any of Grantors' obligations, Lenders may perform those
obligations and be reimbursed by Grantors on demand for any amounts so paid, including attorney's fees,
plus interest on those amounts from the dates of payment at the rate stated in the Note for matured, unpaid
amounts. The amount to be reimbursed will be secured by this deed of trust.
6. If there is a default on the Obligation or if Grantors fail to perform any of Grantors'
obligations and the default continues after any required notice of the default and the time allowed to cure,
Lenders may -
a. declare the unpaid principal balance and earned interest on the Obligation
immediately due;
b. direct Trustee to foreclose this lien, in which case Lenders or Lenders' agent will
cause notice of the foreclosure sale to be given as provided by the Texas Property Code as then
in effect; and
C. purchase the Property at any foreclosure sale by offering the highest bid and then have
the bid credited on the Obligation.
7. Lenders may remedy any default without waiving it and may waive any default without
waiving any prior or subsequent default.
C. Trustee's Rights and Duties
If directed by Lenders to foreclose this lien, Trustee will -
I. either personally or by agent give notice of the foreclosure sale as required by the Texas
Property Code as then in effect;
2. sell and convey all or part of the Property "AS IS" to the highest bidder for cash with a
general warranty binding Grantors, subject to the Prior Lien and to the Other Exceptions to Conveyance and
Warranty and without representation or warranty, express or implied, by Trustee;
3. from the proceeds of the sale, pay, in this order -
a. expenses of foreclosure, including a reasonable commission to Trustee;
b. to Lenders, the full amount of principal, interest, attorney's fees, and other charges
due and unpaid;
C. any amounts required by law to be paid before payment to Grantors; and
d. to Grantors, any balance; and
4. be indemnified, held harmless, and defended by Lenders against all costs, expenses, and
liabilities incurred by Trustee for acting in the execution or enforcement of the trust created by this deed of
trust, which includes all court and other costs, including attorneys fees, incurred by Trustee in defense of any
action or proceeding taken against Trustee in that capacity.
D. General Provisions
1. If Lenders order an appraisal of the Property while a default exists or to comply with legal
requirements affecting Lenders, Grantors, at Lenders'request, agree to reimburse Lenders for the cost of any,
such appraisal. If Grantors fail to reimburse Lenders for any such appraisal within ten days of Lenders'
request, that failure is a default under this deed of trust.
2. Grantors agree to execute, acknowledge, and deliver to Lenders any document requested by
Lenders, at Lenders' request from time to time, to (a) correct any defect, error, omission, or ambiguity in this
deed of trust or in any other document executed in connection with the Note or this deed of trust; (b) comply
with Grantors' obligations under this deed of trust and other documents; (c) subject to and perfect the liens
and security interests of this deed of trust and other documents any property intended to be covered thereby;
and (d) protect, perfect, or preserve the liens and the security interests of this deed of trust and other
documents against third persons or make any recordings, file any notices, or obtain any consents requested
by Lenders in connection therewith. Grantors agree to pay all costs of the foregoing.
3. If any of the Property is sold under this deed of trust, Grantors must immediately surrender
possession to the purchaser. If Grantors fail to do so, Grantors will become a tenant at sufferance of the
purchaser, subject to an action for forcible detainer.
4. Recitals in any trustee's deed conveying the Property will be presumed to be true.
5. Proceeding under this deed of trust, filing suit for foreclosure, or pursuing any other remedy
will not constitute an election of remedies.
6. This lien will remain superior to liens later created even if the time of payment of all or part
of the Obligation is extended or part of the Property is released.
7. If any portion of the Obligation cannot be lawfully secured by this deed of trust, payments
will be applied first to discharge that portion.
8. Grantors assign to Lenders all amounts payable to or received by Grantors from
condemnation of all or part of the Property, from private sale in lieu of condemnation, and from damages
caused by public works or construction on or near the Property. After deducting any expenses incurred,
including attorneys fees and court and other costs, Lenders will either release any remaining amounts to
Grantors or apply such amounts to reduce the Obligation. Lenders will not be liable for failure to collect or
to exercise diligence in collecting any such amounts. Grantors will immediately give Lenders notice of any
actual or threatened proceedings for condemnation of all or part of the Property.
9. Grantors assign to Lenders absolutely, not only as collateral, all present and future rent and
other income and receipts from the Property. Grantors warrant the validity and enforceability of the
assignment. Grantors may as Lenders' licensee collect rent and other income and receipts as long as
Grantors are not in default with respect to the Obligation or this deed of trust. Grantors will apply all rent
and other income and receipts to payment of the Obligation and performance of this deed of trust, but if the
rent and other income and receipts exceed the amount due with respect to the Obligation and deed of trust,
Grantors may retain the excess. If Grantors default in payment of the Obligation or performance of this deed
of trust, Lenders may terminate Grantors' license to collect rent and other income and then as Grantors' agent
may rent the Property and collect all rent and other income and receipts. Lenders neither have nor assume
any obligations as lessor or landlord with respect to any occupant of the Property. Lenders may exercise
Lenders' rights and remedies under this paragraph without taking possession of the Property. Lenders will
apply all rent and other income and receipts collected under this paragraph first to expenses incurred in
exercising Lenders' rights and remedies and then to Grantors' obligations with respect to the Obligation and
this deed of trust in the order determined by Lenders. Lenders are not required to act under this paragraph,
and acting under this paragraph does not waive any of Lenders' other rights or remedies. If Grantors become
a voluntary or involuntary debtor in bankruptcy, Lenders' filing a proof of claim in bankruptcy will be
deemed equivalent to the appointment of a receiver under Texas law.
10. Interest on the debt secured by this deed of trust will not exceed the maximum amount of
nonusurious interest that may be contracted for, taken, reserved, charged, or received under law. Any
interest in excess of that maximum amount will be credited on the principal of the debt or, if that has been
paid, refunded, On any acceleration or required or pennitted prepayment, any such excess will be canceled
automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the debt or,
if the principal of the debt has been paid, refunded. This provision overrides any conflicting provisions in
this and all other instruments concerning the debt.
11. In no event may this deed of trust secure payment of any debt that may not lawfully be
secured by a lien on real estate or create a lien otherwise prohibited by law.
12. When the context requires, singular nouns and pronouns include the plural.
13. The term Note includes all extensions, modifications, and renewals of the Note and all
amounts secured by this deed of trust.
14. Grantors represent to Lenders that no part of the Property is exempt as homestead from forced
sale under the Texas Constitution or other laws.
All real estate constituting Grantors' homestead exempt from forced sale under the Texas
Constitution or other laws consists of the following: 415 Bronco Circle, Shady Shores, Denton County,
Texas.
15. Grantors agree to furnish on Lenders'request evidence satisfactory to Lenders that all taxes
and assessments on the Property have been paid when due.
16. If the Property is transferred by foreclosure, the transferee will acquire title to all insurance
policies on the Property, including all paid but unearned premiums.
17. Grantors agree to allow Lenders or Lenders' agents to enter the Property at reasonable times
and inspect it and any personal property in which Lenders are granted a security interest by this deed oftrust.
18. GRANTORS MAY FURNISH ANY INSURANCE REQUIRED BY THIS DEED OF TRUST
EITHER THROUGH EXISTING POLICIES OWNED OR CONTROLLED BY GRANTORS OR
THROUGH EQUIVALENT COVERAGE FROM ANY INSURANCE COMPANY AUTHORIZED TO
TRANSACT BUSINESS IN TEXAS.
19. If Grantors transfer any part of the Property without Lenders' prior written consent, Lenders
may declare the debt secured by this deed of trust immediately payable and invoke any remedies provided in
this deed of trust for default. If the Properly is residential real property containing fewer than five dwelling
units or a residential manufactured home occupied by Grantors, exceptions to this provision are limited to (a)
a subordinate lien or encumbrance that does not transfer rights of occupancy of the Property; (b) creation of a
purchase -money security interest for household appliances; (c) transfer by devise, descent, or operation of
law on the death of a co -Grantor; (d) grant of a leasehold interest of three years or less without an option to
purchase; (e) transfer to a spouse or children of Grantors or between co -Grantors; (f) transfer to a relative of
Grantors on Grantors' death; and (g) transfer to an inter vivos trust in which Grantors are and remain
beneficiaries and occupants of the Property.
parties.
20. This deed of trust binds, benefits, and may be enforced by the successors in interest of all
21. If Grantors and Borrowers are not the same person, the term Grantors includes Borrowers.
22. Grantors and each surety, endorser, and guarantor of the Obligation waive all demand for
payment, presentation for payment, notice of intention to accelerate maturity, notice of acceleration of
maturity, protest, and notice of protest, to the extent permitted by law.
23. Grantors agree to pay reasonable attorney's fees, trustee's fees, and court and other costs of
enforcing Lenders' rights under this deed of trust if this deed of trust is placed in the hands of an attorney for
enforcement.
24. If any provision ofthis deed of trust is determined to be invalid or unenforceable, the validity
or enforceability of any other provision will not be affected.
25. The term Lender includes any mortgage servicer for Lender.
26. Grantors represent that this deed of trust and the Note are given for the following purposes:
The debt evidenced by the Note is in part payment of the purchase price of the Property; the debt
is secured both by this deed of trust and by a vendor's lien on the Property, which is expressly
retained in a deed to Grantors of even date. This deed of trust does not waive the vendor's lien,
and the two liens and the rights created by this deed of trust are cumulative. Lenders may elect to
foreclose under either of the liens without waiving the other or may foreclose under both.
Grantors expressly acknowledge a vendor's lien on the Property as security for the Note secured
by this deed of trust, which represents funds advanced by Lenders at Grantors' request and used
in payment of a portion of the purchase price of the Property. This deed of trust does not waive
the vendor's lien, and the two liens and the rights created by this deed of trust are cumulative.
Lenders may elect to enforce either of the liens without waiving tba-iot1 er~ ti y enforce both.
John ulster f
Lisa k. Polster
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on _ftq.�4K 2007, by John R.
Polster and Lisa K. Polster.
ROBYN
ESWONGER
MYCOMMIIRCOMMISSION EXPIRES S
Oeceb90m,>7 . ._
Notary Publ , State. of Texas
My commission expires:
PREPARED IN THE OFFICE OF and AFTER RECORDING, RETURN TO:
Fontaine D. Laughlin, Attorney at Law
2507 Quail Run Drive
Corinth, Texas 76208
NOTIcEOF CONFIDE IF YOU AREA NATURAL PERSON, yotj h4AV, RjjNjdVB OR STRMEANy OF -n-MFOLLOWING
MF�ORMA'WN FROMTHIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN 774E PUBLIC RECORDS: YOUR SOCIAL SLZCURITY
NUMBER OR YOUR DWERIS EJC13NSE NUMBEIL
Terms
Date: September 21, 2005
Grantor: John.R. Polster and Lisa Polster, husband and wife
Grantor's Maftg Address:
Trustee: Fontaine D. Laughlin
Trustee's Mailing Address:
2507 Quail Run Drive
Corinth, Texas 76208
Denton County
Lender: Raymond L. Grimes and Judith Mae Gri m-es
Lender's MaWng Address:
4268 Swisher Road
Denton, IX 76208
Obligation Denton County
M
I
Date: September 21, 2005
Original principal amount:
139rrower: John P, Polster and Lisa Pollster
Lender: Raymond L. Grimes and Judith Mae Grime-,
Terms of -i-ay- M ent6
As provided in the note.
Property (including any improvements):
10. 10 acres in the Gideon Walker Survey, Abstract No. 1330,'m1re specifically described ix
Exhibit A attached hereto and made a part hereot
Prior Lien:
None.
Other E xceptions
40 Conveyance and Warranty:
9
Liens described as part of the Consideration and any other hens described in the deed to Grantors as
being either assun*d or subject to which title is taken, validly existing easements, rights -of -way, and
Prescriptive rights, whether ofrecord or not, all presently recorded and validly existing instruments, other
than conveyances of the surface fee estate, that affect the proper(�;- and uent
or that and prior years due to change in land usage, ownership, or both.
assessments f taxes for 2005, and subseqi
Clauses and Covenants
A. Grantors' Obligations
1. keep the Property in good repair and condition;
2. Pay all taxes and assessments on the Property before'delinqumcy;
3. defend title 0-the Property subject to the OtherExceptiIII § to Conveyance andWarrantyand
Preserve the lien!s priority as it is established in this deed of trust.
mOntain, 1. form acceptable to Lendem, an
insurance policy thati
improvements for their fidl insu-rkl I �L XTn' anvml- k-;MVI
mal
��P�Mve As er amount in
b. contains an 80 percent coinsurance clause;
C. provided -all-.risk coverage;
d. Protects Lenders with a standard mortgage clause;
e.
Provides flood insurance at any time the property is in a flood hazard area; and
contains such other coverage as Lenders may reasonably require;
5. comply at all times with the requirements of the 80 percent coinsurance clause;
6. deliver the insurance policy to Lenders within ten day of the date 0 s
deliver reno ewals tLenders at least fifteen days before expiration, f thi deed of trust and
7. obey all laws, ordinances, and restrictive covenants al3plicable to the Property,
8. keep any buildings
Occupied as required by the insurance policy,
9. ifthe lien of this deed Of trust is not a first lien, Pay or cause to be paid all plior lien notes abide by or cause to be abided by all prior lien instrumenand
ts; and
10* notify Lender of any change of addresi
6JMK���
I . Lenders or Lenders, to all righsandresponeof Tmroursttgeaeg.e eviermayppointin writinbtitberustee,
succeeding
2. If the Proceeds of the Obligation are used to Pay any debt secured byprior liens, Le
subrogated to all the rights and liens of the holdend,rs of any debt so paid. are
3. Lenders may apply any Proceeds recei
Obligation or to - ved under the insurance policy either to reduce the
repair Or replace damaged or destroyed improvements covered by the policy. IftheProperty
is Grantors' Primary residence and Lend
economically feasible, Lenders will ' ers reasonably determine that repairs to the improvements are
make the insurance proceeds available to Grantors for repairs.
4. NOtwithstanding the terms ofthe Note to the
contrary, and unless applicable law Prohibits, all
PaYments received by Lend er, fro, Grantors with respect to the Obligation or this deed of trust may, at
Lenders, discretion, be applied fim to amounts Payable under this '
Payable to Lenders with respect to deed Oftrust and then to amounts due and
the Obligation, to be applied to "
trder Lenders in their discretion determine. late charges, Principal, or interest in the
5. if: Grantors fail
obligations and b!e reimbto Perf0im- any of Grantors' Oben liPtions, Lders
ursed by Cbmtors on demand for any anio may perform thc4zi
Plus interest on those 83 in TTW un so D
,
6. If there is a default on the Obligation or if Grantors fail to perf® any of Grantors,
obligations and the defaun "s after anyr"equited notice otthe
Lenders may- default and the time allowed to cure,
a. declare the Unpaid Principal balance. and earned interest on the Obligation
immediately due;
b. direct Trustee to foreclose this hen, in which case Lenders or Lenders' agent will
cause notice of the foreclosure sale to be given as provided by the Texas Property Code as the-r
in effect; and
C. purchase the Property at any foreclosure sale by offering the higiiest bid and then have
the bid credited on the Obligation.
Lenders may remedy any default without waiving . it and may waive any default without
walvIng. any prior or subsequent default.
C. Trustee's Right's and Duties
I . either Personally or by agent give notice of the foreclosure sale as required
opeodby the Texas
Prrty Ce as then in effect;
24 sell and convey all or part of the property ,AS IS " to the highest bidder for cash wit
90110ral Warrantybinding h a Grantors, subject to the pzior-Lien and to I
i ; Zri ien an Aa— " Mlt
rZton-o' ex ss or impl
pre ieZ by Trustee;
3. from the proceeds of the sale, pay, in this order -
a. expenses Of foreclosure, including a reasonable commission to Trustee;
b. to Lenders, the full amount of principal, intcres4 attorneys fees, and other charges
fte and unpaid;
C. any amounts required by law to be paid before payment to Grantors; and
d. to Grantors, any balance; ant
4. be indeninified, held barmless, and defbnded by Lenders against all costs, expenses, and liabilities 'incurred by Trustee for acting in the execut- or -
0 ion or enf r-f t icff1&tp-r
L -MR,-Mffe'r- costs, including attorneys fees,, incurred by Trustee in defense of any
action or Proceeding taken against Trustee in that capacity
A Generid #rovislom
Lenders order an appraisal of M
the PropertV While a,,?,efiqjItF--rj cia -
mr c,6 t � I
— -- — ------
MEM
Grantors on Grantors' death, afid (g) transfer to an inter vivos trust in which Grantors are and remain
beneficiaries and occupants ofthe Property.
20. This deed of trust binds, benefits, and may be enforced by the 6
parties. successors, in interest of all
Grantors and Borrowers are not the same person, the term Grantors includes Borrowers.
22. Grantors and each surety, endorser, and guarantor of the Obligation waive *all demand for
payment, presentation for payment notice of intention to accelerate maturity; notice of acceleration of
maturity, protest and notice of protest to the extent permitted by law.
Grantors agree to pay resoanable attorneys fees, trWee!s fees, a d c -
ealbrdug Lenders' ri•
ehts under ffis n ourt and other costs
AkrAMN,I
&H US MiNIM01
24. If any "' ofthis deed of trust is determined to be invalid or unenforceable, the validity
provision
IT enforceability of any other provisio'n will not be wfrecti-l-
25. The term Lender includes any mortgage servicei for Lender.
26. Grantors represent that this deed of trust and the Note are given for the following purposes.
A evidence
41010-VIN11101
Grantors ex ,:. 1A
TO,
NO
10 tij: j VT M. =11MJ1111101-MMOO IL 0 2 1