Loading...
HomeMy WebLinkAbout24-2207ORDINANCE NO. 24-2207 AN ORD[NANCE PROVIDING FOR ACCEPTANCE OF AN ELIGIBLE NON- ANNEXATION AGREEMENT FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTY WITH IN AN AREA OF LAND ADJACENT TO AND ABUTTING THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH-7, CONSISTING OF APPROXIMATELY 143 ACRES OF LAND LOCATED ON THE EAST AND NORTH SIDES OF TEASLEY LANE, SOUTH OF TEASLEY HARBOR SUBDIVISION AND WEST OF SOUTHLAKE DRIVE,; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (24-2207, Blankemeyer) WHEREAS, pursuant to Section 43.052, Subchapter C, Local Government Code, a home rule city is authorized to annex an area identified in an annexation plan, beginning on the third anniversary of the date the annexation plan was adopted; and WHEREAS, the City pursued annexation of DH-7, an area of land adjacent to the City limits of the City of Denton as legally described on the attached Exhibit A and depicted on the attached Exhibit B, and said annexation was placed in a ''Three Year Plan’' on April 6, 20 tO; and WHEREAS, Section 43.035, Subchapter B, Local Government Code requires the City 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 timberiand 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 extratenitorial 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 previously offered said non-annexation agreement(s) for an approximately seven (7) year term to owner(s) of eligible property within the subject area, in approximately 20 12, which expired in 2020 and the City subsequently offered new non-annexation agreement(s) to owner(s) of eligible property in the area for an additional twenty (20) year term; and WHEREAS, Blankemeyer Trust & Blankemeyer Property LLC; Blankemeyer, Oscar Jr. TR Blankemeyer Family Trust; Blankemeyer, Oscar Jr TR Blankemeyer Marital Trust (“Eligible Owners”) own 83.604 acres of land within DH-7 and are still eligible for a non-annexation agreement with the City; and WHEREAS, the Eligible Owners have executed the non-annexation agreement attached hereto and incorporated herein as Exhibit C; 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 a non-annexation agreement with the eligible property owners; 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. SECTION 2. The City hereby accepts the non-annexation agreement(s) relating to eligible properties within the subject area identified as DH-7, as described and depicted in Exhibits A and B, which have been properly executed by the owner(s) of those properties (or that property) and which have legally sufficient property description(s), are hereby approved by the City of Denton and are attached hereto and incorporated herein by reference as Exhibit C. SECTION 3. The City Manager is authorized and directed, as a ministerial act, to sign the non-annexation agreement attached as Exhibit C, for and on behalf of the City of Denton. The effective date of the non-annexation agreement shall be the effective date of this Ordinance. SECTION 4. The City Manager shall further arrange forthwith for the recordation of the non-annexation agreement in the real property records of Denton County, Texas. Should any paragraph, section, sentence, phrase, clause, or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 5. This Ordinance shall take effect immediately on its passage. The motion to approve this ordinance was made by Joe Holland and seconded by Brian Beck, the ordinance was passed and approved by the following vote [4 - 3]: Aye X X Nay X Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer, District 3 :X Joe Holland. District 4:X XBrandon McGee, At Large Place 5 : Jill Jester, At Large Place 6:X PASSED AND APPROVED this the 19th day of November, 2024. GERARD HUDSPETH, MAYOR Page 2 ATTEST: LAUREN THODEN, CITY SECRETARY ch„-_Ahh APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Page 3 Development Services 401 N. Elm St., Denton, TX 76201 • (940) 349-8600 DENTON September 1 1, 2024 BLANKEMEYER TRUST & BLANKEMEYER PROPERTY LLC 5353 TEASLEY LN DENTON, TX 762 10-3817 RE: Outstanding Non-Annexation Agreement (“NAA”) Dear Blankemeyer Trust & Blankemeyer Property LLC: This is the final attempt to contact you regarding your outstanding Non-Annexation Agreement (“NAA”). City Council had provided direction to staff to move forward with annexation if the City is not able to obtain a signed NAA. The City requests this information be retljrned by Friday, September 27, 2024, along with the attached checklist. Although your property is eligible for a NAA, if we do not receive a signed NAA from you the City will begin the annexation process. As you may know, the NAA is an agreement between you and the City that so long as your property is used for farming and ranch-related uses or single-family residential use, the City will not pursue its right to annex your property. The City has the authority to enter into these types of agreements under Texas Local Government Code Sec. 43.016 and 2 12.172(d) to enter into NAAs. In 2020 and 2021, the City Council authorized staff to offer extensions of NAAs to August 2040. Our records show your property has not accepted the offered extension. While you are not required to enter into this updated agreement9 the City will begin the annexation because of the expiration of the previous agreement on your property. If annexation were to happen, the City would not be required to have property owner consent and would be considered a voluntary annexation Section 5(B) in the expired NAA for your property. It is important to note that each property owner listed on the NAA must sign the Agreement and all the pages of the Agreement must be returned to the City. If a property owner(s) is not able to sign, please provide an explanation on the following page. You can mail the signed NAA to the following address: City of Denton AHn: Charlie Rosendahl 401 N. Elm St Denton, TX 76201 You can also submit the signed NAA in person at Development Services (401 N. Elm Street). If you have any questions about the new NAA, please feel free to call me at (940) 349-8452 or send me an email at Charlie.Rosendahl@cityofdenton.com. Please understand City staff cannot provide legal advice to you, and you may wish to consult your own attorney. Thank you for your attention to this matter. Sincerely, Charlie Rosendahl Business Services Manager OUR CORE VALUES Inclusion • Collaboration • Quality Service • Strategic Focus • Fiscal Responsibility ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 Non-Annexation Agreement Checklist (Please return this page with the signed NAA) 1. Each property owner listed on the NAA has signed the Agreement 2. Each property owner’s signature was signed in the presence of a notary 3. If a property owner is not able to sign, please provide an explanation below why the property owner is not able to: 4. 5. All pages of the NAA are returned to the City of Denton To be able to contact you in case there is missing information, please provide your contact information below: a. Name: aeLUi 'fbSa\ t'L/ L, b. Phone Number: $ 4C.> ba>O q>ZZV8 (eD .t &rtP.. CoMc. Email: 6 hatH AJeA+IL£A If you are submitting your signed NAA in person at Development Services, please call (940) 349- 8600 to make an appointment. If you need someone to notarize your signature in the NAA, please call (940) 349-8600 to make an apporntrnent. If you are notarizing your signature, please make sure to bring an approved photo identification to the appointment. 6. 7. 8. If you have any questions about this NAA, please feel free to call me at (940) 349-8452 or send me an email at Charlie.Rosendahl@cityofdenton.com. CHAPTERS 43 AND 212 TEXAS LOCAL GOVERNMENT CODE 2024 NON-ANNEXATION AGREEMENT This AGREEMENT, entered into on the Effective Date, is by and between the CITY OF DENTON, TEXAS (the “City”) and BLANKEMEYER TRUST & BLANKEMEYER PROPERTY LLC; BLANKEMEYER, OSCAR JR TR BLANKEN4EYER FAMILY TRUST; BLANKEMEYER, OSCAR JR TR BLANKEMEYER MARITAL TRUST (“Owners”), the property owners of the hereinafter described property (the “Property”) in Denton County, Texas: Being a 83.604 acre tract of land, more or less, situated in the Carlos Chacon Survey, Abstract No. 298 and the W.E. Penley Survey, Abstract No. 1729, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor’s Lien dated to be effective January 10, 1983 from Herschel V. Forester, Trustee to Oscar Blankemeyer, Jr., filed for record on January 1 1, 1983 and recorded in Volume 1187, Page 559 of the Real Property Records of Denton County, Texas, SAVE AND EXCEPT that portion lying within the city limits, leaving a called 80.138 acre tract of land that is commonly known as DCAD Property ID 563251. RECITALS WHEREAS, this Agreement is entered into pursuant to Sections 43.016 and 212. 172 of the Tex. Loc. Gov’t Code, in order to address the desires of Owner and the procedures of the City; and WHEREAS, pursuant to Ch. 43 of the Tex. Loc. Gov’t Code, the City had previously given notice of its intent to institute annexation proceedings in 2010, 2015, and again in 2016 for an “Annexation Area” that includes the above-described Property which was and is subject to the provisions of Sec. 43.016 of Tex. Loc. Gov’t Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement (“NAA”), as then contemplated by former Section 43.035 (as previously codified) and current Section 212.172 of Tex. Loc. Gov’t Code, in lieu of the City’s annexation in 2010, as well as extensions of said NAA in lieu of the City’s annexation in 20 15 and 2016 (collectively, “Extended NAAs”), of the Property in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Sec. 43.016 of the Tex. Loc. Gov’t Code authorizes a property owner and a municipality to enter into an agreement pursuant to Sec. 212.172 of the Tex. Loc. Gov’t Code for purposes of retaining land in the municipality’s extratemitorial jurisdiction (ETJ) in exchange for the property owner’s covenant not to develop the property and to authorize the municipality to apply regulations and development authority not inconsistent with agricultural use; and 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 Ch. 23 of the Tex. Tax Code, Subchapters C, D, or E; and WHEREAS, based upon Owners’ representations and City’s investigation, it appears that the Property still meets the eligibility criteria of Sec. 43.016 of Tex. Loc. Gov’t Code, and the Ch. 23 of Tex. Tax Code; and WHEREAS, the most recent Extended NAA executed by the City and Owners expired on August 1, 2020; and WHEREAS, the City desires to allow the Property to remain in the City’s ETJ for the term of this 2024 non-annexation agreement (hereinafter, the “2024 NAA” or “Agreement”), which amends and extends the term of the NAA and Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2024 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, upon expiration of the 2024 NAA, Owners shall be deemed to have filed a petition for voluntary annexation, pursuant to Subch. C-3 of Ch. 43 of the Tex. Loc. Gov’t Code, incorporating the agreed terms and schedule of the Written Agreement for Services, attached hereto as Exhibit “A”; and 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; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; and 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, as hereinafter defined, 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 (the “Development Plan”) in satisfaction of Sec. 212.172(b) of the Tex. Loc. Gov’t Code. 2 Section 3. Governing Regulations. The City regulations, including but not limited to the following, shall apply to any development of the Property, as such regulations may hereafter be amended from time to time during the term of this Agreement, as hereinafter defined, 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, as amended pursuant to the Denton Plan 2040, as amended, including but not limited to the Residential Rural (RR) 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, Denton Mobility Plan, and other approved Master Plans of the City of Denton, Texas, as amended and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, as amended or replaced; (3) Denton building codes, as adopted by the City and currently contained within Chapters 17, 28, and 29 of the Denton Code of Ordinances and Subchapter 7 in the Denton Development Code, as amended, along with local amendments, as amended, and more particularly set forth as follows: a. b. C. d e. f. g. h. 1. J. k. 1. International Building Code, 2021 Edition with local amendments; International Residential Code, 2021 Edition with Appendix G and local amendments; The International Fire Code, 2021 Edition with local amendments; International Plumbing Code, 2021 Edition with local amendments; International Fuel Gas Code, 2021 Edition with local amendments; International Mechanical Code, 2021 Edition with local amendments Code of Ordinances of Chapter 17, Property Maintenance Code, as amended; International Energy Conservation Code, 2021 Edition with regional amendments; National Electric Code, 2020 Edition with local amendments; National Electric Safety Code, 2021 Edition, with regional amendments; Minimum housing and building standards, Code of Ordinances, Sections 17- 141 – 196, as amended and as applicable; and Irrigation Systems, Code of Ordinances, Sections 28-441 – 457; (4) Sign regulations, as contained within Subchapter 33 of the Code of Ordinances, 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 7 and 8 of the Denton Development Code, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by 3 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, subchapters 7 and 8 of the Denton Development Code, as amended, the Denton Stormwater 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 planing, drilling and production standards, as contained within Subchapters 2 and 6 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; and (8) The City states and specifically reserves its authority pursuant to Chapter 251 of the Tex. Loc. Gov’t Code to exercise eminent domain on the Property. Section 4. Development Plan to Remain in Effect. Following expiration or 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 arise under Sec. 43.002(a)(2) and Chapter 245 of the Tex. Loc. Gov’t Code, 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; Petition for Voluntan/ Annexation; Service Plan (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, then Sections 1 and 3 of this Agreement shall become null and void and remedy provisions of Section 5(B) of this Agreement will apply. (B) UPON EXPIRATION, OR UPON BREACH OR TERMINATION OF THIS AGREEMENT FOR ANY REASON, OR AT ANY POINT THEREAFTER, THEN IN ADDITION TO THE CITY’S OTHER REMEDIES, SUCH ACT WILL CONSTITUTE A PETITION FOR VOLUNTARY ANNEXATION BY THE OWNER, PURSUANT TO SUBCH. 4 C-3 OF CH. 43 OF THE TEX. LOC. GOV’T CODE AND THE PROPERTY WILL BE SUBJECT TO ANNEXATION AT THE DISCRETION OF THE CITY COUNCIL. OWNER AGREES THAT SUCH ANNEXATION IS VOLUNTARILY MADE AND HEREBY CONSENTS TO ANNEXATION PURSUANT TO SEC. 212.172(B)(7) OF THE TEX. LOC. GOV’T. CODE. OWNER HEREBY AGREES TO THE CITY’S LIST AND SCHEDULE OF MUNICIPAL SERVICES SET FORTH IN EXHIBIT “A“ BY SIGNING THIS AGREEMENT AND OWNER AGREES THAT THE 2024 NAA SERVES AS THE WRITTEN AGREEMENT REGARDING SERVICES, PURSUANT TO SEC. 43.0672 OF THE TEX. LOC. GOV’T CODE. IN THE EVENT THAT THE WRITTEN AGREEMENT REGARDING SERVICES ARE NO LONGER REQUIRED BY CH. 43 ON THE DATE OF ANNEXATION, THEN THE MUNICIPAL SERVICES TO BE PROVIDED TO THE PROPERTY WILL BE IN ACCORDANCE WITH EXISTING CITY POLICY ON THE DATE OF ANNEXATION, AND AS AMENDED THEREAFTER. No subsequent change in the law regarding annexation shall affect the enforceability of this written Agreement or of the City’s ability to annex the Property, pursuant to the terms of this Agreement. This section shall survive any termination of this Agreement. Section 6. Notice of Sale or Exemption Status Change. 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 provided to the City 30 days prior to such sale or conveyance, and notice of the change in the exemption status of the Property shall be provided to the City within 14 days of any change at the following address: City of Denton, Texas ATTN: City Manager 215 E. McKinney St. 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, court order, legislation, or otherwise 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 the terms of this Agreement. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. 5 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. Effective Date; Term and Extension. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. This Agreement shall terminate on August 1, 2040 (“Term”). The Term may be extended upon mutual agreement of the Parties. Owners and the City agree that this Agreement is binding upon both the City and Owners, and Owners’ heirs, successors, and assigns for the term of the Agreement. Owners, and all of Owner’s heirs, successors, and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. Owner agrees that such annexation shall be voluntary and consents to the annexation pursuant to Sec. 212.172(b)(7) of Tex. Loc. Gov’t Code and Ch. 43, Subch. C-3 of the Tex. Loc. Gov’t Code. Section 14. Survival of Covenants. The covenants in Sections 2, 4, and 5 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Section 15. OWNERS REPRESENT AND ACKNOWLEDGE THAT EACH AND EVERY OWNER OF THE PROPERTY HAS SIGNED THIS AGREEMENT, AND OWNERS COVENANT AND AGREE, JOINTLY AND SEVERAT,LY, TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL CLAIMS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY FROM THE CITY’S RELIANCE ON THIS AGREEMENT. Entered into this ISBday of SCpk/wk)cr , 202-tr OWNERS 4q"A * THE CITY OF DENTO Manager, or THE STATE OF TEXAS } COUNTY OF DENTON } 2 OZ V ) b ; h1(13 :=EI=:rI :; t t = t==/:1 e d g e d b e fo r e me on the e day of Ser\ La I Notary Public, State of Texas Comm. Expires 02-24-2025 Notary ID 131018469 Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } 2 1Cd b : hi!I!nt: tT 1rrI V !#1:i ? I t \T \v BI e d g e d before me on the T day of D? , t:>&c CAThMR Notary Public, State of Texas Comm. Expir8s Q2-24-2025 Notary ID t31018469 Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 20 ,by day of 7 Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 20 ,by day of Notary Public, State of Texas THE STATE OF TEXAS } } COUNTY OF DENTON 2074 Cityby Manager/Assistant City CLARICE MARIE HOUSDEN My Notaq ID# 132®5325 U Expires June 25, 2027 mc. Sta78TTexas ;iiI. qtHEn: : 64 qT IG +th: ( ;} ; xi:+bit JO i C ++ 8 : 3ll: I -::- '}I :''; T ". nS iIi: + + • • eq A .} APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY J+ / f „:q4'%,- After recording return to: City of Denton AHn.: City Secretary 215 E. McKinney St. 8 Denton, TX 76201 EXHIBIT “ A“ LIST AND SCHEDULE OF MUNICIPAL SERVICES (PURSUANT TO TEX. LOC. GOVT. CODE SEC. 43.0672(b) I. MUNICIPAL SERVICES. Commencing on the effective date of annexation, City will provide the municipal services set forth below. As used in this Agreement, “providing services” includes having services available by any method or means by which the City makes such municipal services available to any other area of the City, including per the City's infrastructure extension policies, ordinances, and developer or property owner participation in accordance with applicable city ordinances, rules, regulations, and policies. A.Police Police protection from City’s Police Department shall be provided to the area annexed at a level consistent with current methods and procedures presently provided to areas with similar topography, land use, and population density, on the effective date of the ordinance. Some of these services include: 1. 2. 3. 4. Normal patrols and responses; Handling of complaints and incident reports; Special units, such as traffic enforcement, investigations weapons; and Coordination with other public safety support agencies. and special As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with other areas in the City having similar characteristics of topography, land use, and population density. Upon ultimate development, police protection will be provided at a level consistent with other areas within the city limits having similar characteristics of topography, land use, and population density. B.Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation area. These services include: 1. 2. 3. 4. 5. 6 Fire suppression and rescue; Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; Hazardous materials response and mitigation; Emergency prevention and public education efforts; Technical rescue response; and Construction Plan Review and required inspections. A- I Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to areas of the City of Denton having similar characteristics of topography, land use, and population density, on the effective date of the ordinance. As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with other areas having similar characteristics of topography, land use, and population density. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other areas within the city limits having similar characteristics of topography, land use, and population density. C.Emergency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation area. These services include: 1. 2. 3. Emergency medical dispatch and pre-arrival First Aid instructions; Pre-hospital emergency Advanced Life Support (ALS) response; transport; Medical rescue services. and Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to areas of the City of Denton having similar characteristics of topography, land use, and population density, on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with other areas of the City having similar characteristics of topography, land use, and population density. Upon ultimate development, EMS will be provided at a level consistent with other within the city limits having similar characteristics of topography, land use, and population density. D.Solid Waste The City of Denton is the sole provider of solid waste and recycling collection services to all residents, and sole provider for trash collection service to commercial entities in the City. Recycling collection services for commercial entities are managed on the open market, and the City of Denton is one option for service provision. Solid waste and recycling collection services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and A-2 procedures presently provided to areas within the city having similar characteristics of topography, land use, and population density. Customers receiving their existing services from private solid waste collection service providers operating in the affected area immediately prior to annexation may continue to utilize provide their existing service for up to 2 years in accordance with Texas Local Government Code. Should that private service end prior to the expiration of the two (2) year term, the customer must initiate solid waste and recycling services with the City of Denton, pursuant to Chapter 24 of the Code of Ordinances. E.Wastewater Facilities The proposed annexation area is located within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072, as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the Denton Development Code, Water/Wastewater Criteria Manual, ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with other areas having similar characteristics of topography, land use, and population density. Upon annexation, sanitary sewer mains and lift stations which are located within dedicated easements, rights-of-way, or any other acceptable locations approved by the City Engineer, shall be maintained by the City on the effective date of this ordinance, if installed or improved to City standards within the annexed areas. Operation and maintenance of wastewater facilities and infrastructure lying within the service area of another water utility will be the responsibility of that utility. Similarly, operation and maintenance of private wastewater facilities will be the responsibility of the prIvate property owner. F.Water Facilities The annexation area is located within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Connections to existing City of Denton water distribution mains for water service will be provided in accordance with the Denton Development Code, associated Water/Waste Water Criteria Manual, and existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, extensions of water distribution mains and cost participation shall be in accordance with the Denton Development Code, Water/Wastewater Criteria Manual, and with existing City ordinances and policies. Water A-3 service capacity shall be provided consistent with service to areas of the City having similar characteristics of topography, land use and population density. Operation and maintenance of water facilities and infrastructure that lie within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to remain on those systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. (,.Roads and Streets Emergency street maintenance, defined as repairs necessary to prevent imminent damage or injury to the health or safety of the public or any person, as determined by the Director of Public Works, shall be provided within the annexation area upon the effective date of the annexation ordinance, Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City’s annual program, in accordance with the current policies and procedures defined by ordinance, or otherwise established by the City Council Any construction or reconstruction will be considered within the annexation area on a Citywide basis and within the context of the City’s Capital Improvement Plan and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs, in conformance with fiscal allotments by the City Council. If an existing sign remains, it will be reviewed and placed on the City’s inventory listing for routine replacement, based upon an engineering study. New signs will be installed when necessary, based upon an engineering study. Routine maintenance of road/street markings will be evaluated and scheduled within the yearly budgetary allotments by the City Council. H.Drainage Connections to existing City of Denton drainage facilities will be provided in accordance with the Denton Development Code, associated Stormwater Criteria Manual, and with existing City ordinances and policies. Drainage fees will be assessed at the rates established by city ordinance and will be charged on the utility bill after annexation. All runoff, whether directly tied into the system or not, impacts the system and will be charged. As new development occurs within these areas, drainage facilities will be extended or improved by the developer. Any cost participation shall be in accordance with the Denton Development Code, Stormwater Criteria Manual, and with existing City ordinances and policies. Drainage facilities extended by the City will have to be a CIP project and bonds A-4 will need to be sold. Drainage capacity shall be provided consistent with other areas of the City having similar characteristics of topography, land use and population density. Existing developments, businesses or homes that are on existing drainage systems will be allowed to continue to remain on these systems until a request for drainage facilities is made to the City. Any requests for City improvements to existing drainage facilities will be handled in accordance with the applicable extension and connection policies currently in place at the time the request for improved drainage facilities is received by the City. These will be ranked in the CIP project matrix, in accordance with the City Drainage Plan. 1.Parks, Playgrounds, Swimming Pools Residents of the annexed area may utilize all existing park and recreation facilities as of the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in this area, additional park and recreation facilities shall be constructed based on park policies defined in the Park Master Plan and other existing City ordinances and policies. J.Publicly Owned Facilities. Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. K. L Permitting and Inspections. Permitting and Inspections shall be obtained through the City of Denton, as outlined in the Code of Ordinances. Other Services. Other services that may be provided by the City of Denton, such as municipal and general administration, will be made available as of the effective date of the annexation. The City of Denton shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton having similar topography, land use, and population density similar to those reasonably contemplated or projected in the area. II. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this Agreement shall require City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density justify different levels of service. A-5 ©©)[PVCERTIFICATE OF TRUST BLANKEh4EYER FAMILY TRUST On my oath, and under penalties of perjury, I, Shelly Ann Padilla, hereby state that the following facts are true and correct: 1.The BLANKEMEYER FAMILY TRUST (the “Trust”) was established upon the death of KAYWIN BLANKEMEYER on April 22, 2009, pursuant to the provisions in the Last Will and Testament of KAYWIN BLANKEMEYER, dated January 13, 2009, which was admitted to probate by the Probate Court of Denton County, Texas on November 1 71 2009, in Cause Number PR-2009-00765 (the “Will”). OSCAR BLANKEMEYER7 JR. was named as Trustee of the Trust. The Will provides that SHELLY ANN PADILLA is appointed to serve as Trustee of the Trust in the event that OSC'AR BLANKEMEyER. JR is unable or unwilling to act or continue to act as Trustee. The BLANKB.MEyER FAMILY TRUST has neither been revoked nor amended at any other time. 2 Oscar Blankemeyer, Jr. has declined to serve as Trustee and Shelly Ann Padilld is appointed to serve as Trustee of the BLANKEMEYER FAMILY TRUST. Shelly Ann Padilla is current ly serving as Trustee of the BLANKEMI.yR FAMILy TRU-ST. If Shelly Ann Padilla fails or ceases to serve as Trustee1 then Donald Keith Padilla shall selve as sole Trustee. 3.Oscar Blankemeyer, Jr. is the only current beneficiary of the Trust. His address is 5353 Teasley Lane, Denton, Texas 762 10. 4 Shelly Ann Padilla, as Trustee, has the power and authority to manage and control> buy sell, and transfer the trust property in such manner as the Trustee may deem advisable aid shall have, enjoy, and exercise all powers and rights over the property and the proceeds thereof as though the Trustee were the absolute and unqualified owner of same> including the power to grant)' bargain, sell and convey, encumber and hypothecate, real and personal propertYl and the power to invest in corporate obligations of every kind. Any acting Trustee maY add moneY to Or withdraw money from any bank or savings and loan or checking account owned by the Trust. 5. 6. All Trust accounts will remain in Trust upon Oscar Blankemeyer Jr.’s death1 until distributed by the Trustee.+ I herebY indemnifr anY entitY or institution for loss resulting from reliance on thiscertificate. Certificate of Trust – Blankemeyer Family Trust Page 1 of 2 CERTIFICATE OF TRUST BLANKEMEYER MARITAL TRUST On my oath, and under penalties of perjury, 1, Shelly Ann Padilla, hereby state that the lowing facts are true and correct: The BLANKE]VIEYER MARITAL TRUST (the “Trust’'’) was established upon the death of KAYWIN BLANKEMEYER on April 22, 2009, pursuant to the provisions in the Last Will and Testament of KAYWIN BLANKEMEYER dated January 13, 2009, which was admitted to probate by the Probate Court of Denton County, Texas on November 1 7, 2009, in Cause Number PR-2009-00765 (the “Will“). OSCAR BLANKEMEYER, JR. was named as Trustee of the Trust. The Will provides that SHELLY ANN PADILLA is appointed to serve as Trustee of the Trust in the event that OSCAR BLANKEMEYER, JR. is unable or unwilling to act or continue to act as Trustee. The BLANKEMEYER MARITAL TRUST has neither been revoked nor amended at any other time. Oscar Blankemeyer, Jr. has declined to serve as Trustee and Shelly Ann Padilla is appointed to serve as Trustee of the BLANKEMEYER MARITAL TRUST. Shelly Ann Padilla is currently serving as Trustee of the BLANKEMEYER MARITAL TRUST. If Shelly Ann Padilla fails or ceases to serve as Trustee, then Donald Keith Padilla shall serve as sole Trustee. ).Oscar Blankemeyer, Jr. is the only current beneficiary of the Trust. His address is 5353 Teasley Lane, Denton, Texas 76210. Shelly Ann Padilla, as Trustee, has the power and authority to manage and control, buy, sell, and transfer the trust property in such manner as the Trustee may deem advisable and shall have, enjoy, and exercise all powers and rights over the property and the proceeds thereof as though the Trustee were the absolute and unqualified owner of same, including the powcr to grant, bargain, sell and convey, encumber and hypothecate, real and personal property, and the power to invest in corporate obligations of every kind. Any acting Trustee may add money to or withdraw money from any bank or savings and loan or checking account owned by the Trust. All Trust accounts will remain in' Trust upon Oscar Blankemeyer Jr.’s death, until distributed by the Trustee. . . ' q I hereby indemnify any entity or institution for loss resulting from reliance on this certificate All Md Shelly Ann p£iina el Page 1 of 2 X gHB IRS ?E;eEIIENIE$ENIEES EEC?BERTCINCINNATI OH 45999-0023 Date of this notice :01-31-2014 003118.411435.9607.3068 1 MB 0.435 530 ll1l.l1'll1l.1111.'IIIII111111l1'IIII11.1111.1111It'lII'1'IIIIII' Employer Identification Number : Form : SS-4 Number of this notice :CP 575 G BLANKEMEYER PROPERTY LLC OSCAR BLANKEMEYER SOLE MBR5353 TEASLEY LN DENTON TX 76210 For assistance you may call us at :1-800-829–4933 003118 IF YOU WRITE, ATTACH THESTUB OF THIS NOTICE. HE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applyjng for an Employer Identification Number ( EIN) . We assignedyou EIN 46-4647654 . This EIN will identify you , your business accounts-, tax returns,and documents, even if you have no employees . Please keep this notice in your permanent records . When filing tax documents, payments, and related correspondence , it is veryimportant that you use your EIN and complete name and address exactly as shown above .Any variation may cause a delay in processing, result in incorrect information in youraccount, or even cause you to be assjgned more than one EIN . If the informationis not correct as shown above, please make the correction using the attached tear-off stub and return it to us . A limited liability company C LLC) may file Form 8832, Entjty ClassificationElection , and elect to be , classified as an association taxable as a corporation . Ifthe LLC is eligible to be treated as a corporation that meets certain tests and itwill be electing S corporation status, it must timely file Form 2553, Election by aSmall Business Corporation . The LLC ui11 be treated as a corporation as of theeffective date of the S corporation election and does not need to file Form 8832 . To obtain tax forms and publications, including those referenced in this notice ,visit our Web site at www . irs . gov . If you do not have access to the Internet, call1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office . IMPORTANT REMINDERS : + X Keep a copy of this notice in your permanent records . This notice is issuedonjy one time and IRS will not be able to generate a duplicate copy for you .You may gjve a copy of this document to anyone asking for proof of your EIN . X Use this EIN and your name exactly as they appear at the top of this notice on all your federal tax forms . X Refer to this EIN on your tax-related correspondence and documents . X Provide future officers of your organization with a copy of this notice . Your name control associated with this EIN is BLAN . You will need to providethis information, along with your EIN, if you file your returns electronically . If you have questions about your EIN, you can call us at the phona’ number orwrite to us at the address shown at the top of this notice . If you write , pleasetear off the stub at the bottom of this notice and send it along with your letter .If you do not need to write us, do not complete and return this stub . Thank you for your cooperation .