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HomeMy WebLinkAbout2010-068sAour documentslordinancesllOIdh-2 accepting non annexation agreements .doc ORDINANCE NO. 2010-068 AN ORDINANCE PROVIDING FOR 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--2 OF APPROXIMATELY 258 ACRES LOCATED ON THE SOUTH SIDE OF UNIVERSITY DRIVE, WEST AND EAST SIDES OF THOMAS J. EGAN ROAD, NORTH OF JIM CHRISTAL ROAD, WEST OF MASCH BRANCH ROAD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan, and the City desires to pursue annexation of DH-2, as hereinafter described; and WHEREAS, Section 43.035, Subchapter B, Local Government Code requires the City to male 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 timb erl and 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 offered said non -annexation agreements for a five year term in light of the rapid growth of the Denton area, the need to assure orderly growth, and the inadequate land area currently within the Denton city limits; and WHEREAS, the owners of some eligible properties have executed such non -annexation agreements; the owners of other properties executed such non -annexation agreements but there were defects in the legal description of such properties; and yet other owners to whom notices were sent did not execute the agreements within the allotted period of time, thereby declining the C ity' s offer; and WHEREAS, the City, and the owners of eligible properties with insufficient legal descriptions have corrected defects therein; 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. sAour documentslordinancesl10\6-2 accepting non annexation agreements.doe SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as DH-2, is described in Exhibit "A", attached hereto and incorporated herein, and depicted in Exhibit "B," attached hereto and incorporated herein (except that if there is conflict between the Exhibits, "A" shall control). SECTION 3. Certain non -annexation agreements relating to eligible properties within that parcel identified as DH-2, as described and depicted in Exhibits A and B, which have been properly executed by the owners of those properties and which have legally sufficient property descriptions, are hereby approved by the City of Denton and are attached hereto and incorporated herein b reference as Exhibits "C-1" through "C- "+ y g SECTION 4. The City Manager is authorized and directed to sign the non -annexation agreements contained within Exhibits "C-1" through "C-�" 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. In the event the City Council does not annex that parcel identified as DH-2, the City Manager is authorized to rescind the City's action accepting said non -annexation agreements within six months of the effective date of this ordinance should any property owners subject to the agreements so desire. SECTION 6. 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 7. This Ordinance shall take effect immediately on its passage. AND IT IS SO ORDERED., Passed by the City Council reading this 2nd day of ark , 2010. r MARK'X..b__U0 UGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROYED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY I %BY: s Page 2 EXHIBIT "A" Annexation Tract DH2 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 1969-40 (Tract I), Ordinance 1974-36 (Tract V), Ordinance 1982-52, Ordinance 19 83 -90, Ordinance 19 S 6-4 S, Ordinance 1986-102, and Ordinance 2002-29; and being more specifically described as follows: BEGINNING at the northwest corner of the subj ect property, this point being the northeast corner of property described in ordinance 86-48; THENCE South 00' 10' 27" West, 1886.11 feet to a point for a corner; THENCE South 891 59' 47" East 1174.8 feet to a point in Egan Road; THENCE South 09' 03' 21" East with said Eagan Road 1400 feet to a point (steel pin) at the intersection of Egan Road and Jim Christal Road, being on the South side of the E.A. Orr Survey; THENCE along the centerline of Jim Christal Road in a series of metes and bounds, more completely described in Ordinance 83-90; THENCE to a point in Jim Christal Road described as the southeast corner of the property described in Ordinance 86-102; THENCE North 001 11' 40" West, 3031.04 feet to a point called the northwest corner of the property described in Ordinance 86-102; T THENCE South 891 28' 48" East, 1486.80 feet to a paint described in Ordixiance 86- 102and called the northeast corner of the property described in said ordinance, also being the northwest corner of the property described in ordinance 2002-029; THENCE South 89149' 18" East, 394.07 feet to a point; THENCE South 88125' 54" East, 59.94 feet to a point; THENCE South 890 37' 36" east, 659.22 feet to a point for a corner; THENCE South 00105' 23" East, 1698.40 feet to point for a corner; THENCE South 89' 03' 32" West, 143.14 feet to a point for a corner; THENCE South 00133' 00" East 16.57 feet to a point for a corner; THENCE South 00' 33' 00" East 992.15 feet to a point for a corner; THENCE North 891 50' 43" Vest 792.69 feet to a point for a corner; THENCE South 001 28' 20" East, 452 feet to a point in the centerline of Jim Chrisal Road, also known as the southeast corner of the property described in Ordinance 2002- 209,sald point also being on the north line of property described in ordinance 69-40 �I); THENCE easterly along the northern line of the property described in Ordinance 69-40 I point described in Ordinance 82-52 as the southwest corner of said property-, �� to a THENCE northerly along the west property line of the property described in Ordinance 82--52 to the northwest corner of said property at which point the property intersects with the south property line described ire Ordinance 74-3 6, Tract V; TI-WNCE following the south property line of the property described in [ordinance 74-36, Tract V to the Point of Begmmng. City of Denton, Texas rMIONICHOLS DH 2 - 258 Acres WE S FBB1 0 400 800 11600 2,400 After recording return to: sAour documentslmisceilaneouslf OlannexationsUisa fergason & james fergason. doc Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 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 Lisa K. Fergason & James Fergason (`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". Being a called 4.735 acre tract of land, situated in the S. Huizar Survey, Abstract No. 514 and a called 2.80 acre tract of land, situated in the G. Barb Survey, Abstract No. 208, and being that portion lying outside of the city limits of 18.889 acres, more or less, described in that certain Deed of Gift dated December 22, 1994 from Jaynes W. Wetzel and Freda J. Wetzel to Lisa K. Fergason and James Fergason, filed for record on December 27, 1994 and recorded in Instrument Number 94-R0093 960 of the Real Property Records of Denton County, Texas. Said 4.735 acre tract, more or less, and said 2.80 acre tract, more or less, are commonly known as DCAD Property ID 60782 and DCAD Property ID 36633, respectively. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the 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 ("ETY) 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 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 43.03 5; and sAour documents\miscellaneous\I0\a.nnexations\1isa fergason & james fergason. doc 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. 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 41 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); (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; K sAour documentslmiscellaneous1141annexationsllisa. fergason & fames fergason,doc 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 — 43 7 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 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 3 sAour documents\miscellaneousl10lannexationsllisa fergason & james fergason.doc 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; VoluntM 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 sub 0 ect 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 provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. 11 s:\our documents\miscelIaneous1101wmexationsllisa fergason & fames fergason.doc Section 10. ChaMe,,,,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. The initial term of this Agreement shall be for a period of five (5) years from the Effective Date (the "Tenn"). 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. 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 � 52010. CITY OF DENTON, TEXAS By. City anager, Deputy C1*t3 Designated Representative anager, or R sAour documentslmisccIIaneous\IOlannexationsMisa fergason & james fergason.doc THE STATE OF TEXAS COUNTY OF DENTON THE STATE OF TEXAS COUNTY OF DENTON THE STATE OF TEXAS COUNTY OF DENTON Thi's ins meat w aekn wledged before rn - r�th�e day of ,2Q�, by A V,2, 04AaCity Manag (Deputy City Manager/Designated Represe tine, on behalf of the City of Denton, Texas. 70TRV J iNNI ER ids WALTER$ Notary Public, statO Of TOx8s My COMI;ni0010h 5XPk09 Oil4ti� r ti N t ry Pub ' , State of Texas APPROVED AS TO LEGAL, FORM,.,.-.� ANITA BURGESS, CITY ATTORINU 6 After recording return to: sAour documents\miscellaneous\101annexationslgerald & nedra mitchell 11.717 ac.doc Jennifer Waiters City Secretary 215 E. McKinney Denton, TX 76201 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 Gerald L. Mitchell and Nedra C. Mitchell ("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", - Being a called 11.717 acre tract of land, situated in the E.A. Orr Survey, Abstract No. 983, Denton County, Texas, and being that portion lying outside of the city limits of a 19.317 acre tract described in the First Tract of that Warranty Deed with Vendor's Lien dated September 3, 1980 from Jeannette E. McDonald to Gerald L. Mitchell and wife, Nedra C. Mitchell, filed for record September 4, 1980 and recorded in Volume 1034, Page 167 of the Real Property Records of Denton County, Texas. Said 11.717 acres, more or less, is commonly known 'as DCAD Property ID 60756. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the 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 ("ETF) 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 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 sAour documents\miscellaneous\10\annexations\gerald & nedra mitchell 11.717 ac.doc 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. 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 zn 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 constructions 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); (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; 2 sAour documents\miscell aneous\14\annexationfterald & nedra mitchelI 11.717 ac.doc 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 — 43 7 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) bras 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 �n Effect. ffect. 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 3 sAour documents\miscellaneous\10\m nexationslgerald & nedra mitchell 11.717 ac.doc 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 41 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; Volunta 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 became 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 d. 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. 11 sAour documents\miscellaneousllftnnexationslgerald & nedra mitchelI 11.717 ac.doc Section 10. Change 1ri 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 Multi le Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five (5) years from the Effective Date (the "Term"). 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. 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 r , 2010. . V T ers Gerald L. Mitchell Nedra C. Mitchell THE CITY OF DENTON, TEXAS By$, City Manager, Deputy City Manager, or Designated Representative sAour documentslmiscelIaneousll Dlannexationslgerald & nedra mitche11 11.717 ac,doc THE STATE OF TEXAS COUNTY OF DENTON .,ell r, This instrument was acknowledged before me on the „ day of �- 2010, by Gerald L. Mitchell. v Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the re day of 2010, by Nedra C. Mitchell. 0141RISIrtliff A• DICK }' Notary Put�Nc StNta at 'fax y MY CofAMISSIO l EXPIRES - A.7 much 2t OF t THE STATE OF TEXAS COUNTY OF DENTON Notary Public, State of Texas This inst ent was ac owle ed before me,,a-the day of ,�o) by ittyy Manage eputy City Manager/Designated Representa4ve, on behalf of the City of Denton, Texas. �,►11, JENNI ER K. WALTERS NotarY Public, fly commimmoh Exp iron APPROVED AS TO LEGAL FORM:ANITA BURGESS CITY ATT� Y . ......... .r tate of Texas C After recording return to sAour documentslmiscelIaneous\I Dlannexationslgerald &, nedra mitchel133.73 ac.doc Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 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 Gerald L. Mitchell and Nedra C. Mitchell ("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". Being a called 33.73 acre tract of land, situated in the E.A. Orr Survey, Abstract No. 983, Denton County, Texas, and being that portion lying outside of the city limits of a 36.765 acre tract described in the Second Tract of that Warranty Deed with Vendor's Lien dated September 3, 1980 from Jeannette E. McDonald to Gerald L. Mitchell and wife, Nedra C. Mitchell, filed for record September 4, 1980 and recorded in Volume 1034, Page 167 of the Real Property Records of Denton County, Texas. Said 33.75 acres, more or less; is commonly known as DC'AD Property ID 60759. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the 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 ("ETY) 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 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 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; EXHIBIT sAour documentArniscell aneousl1ftnnexationfterald & nedra mitchell 33,73 ac.doc 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. 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. Gov.p.ming. 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); (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; sAour doe umentslmiscell aneouAIOlannexationslgerald & nedra mitchell 33.73 ac.doc d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Codes 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 — 43 7 and § § 17-141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 -- 457; and In. 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 applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Develo ment 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 3 sAour documents\miscellaneousl101annexationfterald & nedra mitchel133.73 ac.doc 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; Voluntga 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. SeyerabilitY. 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. M sAour documentslmiscellaneousll Dlannexationslgerald & nedra mitchell 33.73 ac.doc S ection 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. The initial term of this Agreement shall be for a period of five (5) years from the Effective Date (the "Term"). 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, 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 2 � , 2010. Gerald L. Mitchell Nedra C. Mitchell THE CITY OF DENTON, TEXAS By: City ana er, Deputy City f4anager, or Designated Representative sAour documents\miscellaneous\10\annexations\gerald & nedra mitchell 33.73 ae.doe THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on they day of 20105 by Gerald L. Mitchell. CHRISTI E A]jf) DICK .Notary Public StatTexasv cOMislvN 1Rf�.� 01 Mwchw THE STATE OF TEXAS COUNTY OF DENTON CiLz� . r f Notary Public, State of Texas This instrument was acknowledged before me on the A,- day of b.a , 20105 by Nedra C. Mitchell. r 11FHi�fl CH R I TINE A. DICK Notary Public State of Texas MY COI�WSSION EMPIRES 'r OF iE+ March 2. 2013 TBE STATE OF TEXAS COUNTY OF DENTON r Notary Public, State of -Texas This i"nWument was ckn wl d ed before m nth day of 20/j b r y ity Manage eputy City Manager/Designated Represen tine, on behalf of the City of Denton, Texas. ,,► JENNIFER K, WALTERS Notary PublIc Stole of Texas .yrw Icy Coy mIgoion Expiros €.............. iy 'ubl State' of Texas After recording return to sAour documents\miscellaneous\10\annexations\nobles family partners non -annexation agreement.doc Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 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 Nobles Family Partners, Ltd. ("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": Being 96.3175 acres of land, more or less, situated in the E. A. Orr Survey, Abstract No. 983; the Gibson Myers Survey, Abstract No. 843; the Myers-Brummett-Johnson-Green Survey, Abstract No. 1699; and the G. Barb Survey, Abstract No. 208, Denton County, Texas, and being more fully described in that certain Correction Special Warranty Deed dated to be effective November 249 1993 from The Nobles Company, by Robert H. Nobles, Partner and Jimmie G. Nobles, Partner to Nobles Family Partners, Ltd., filed for record on August 9, 2000 and recorded in Volume 4649, Page 846 of the Real Property Records of Denton County, Texas, Said 96.3175 acres of land, more or less, is commonly known as DCAD Property ID 244741, DCAD Property ID 60745, DCAD Property ID73984, DCAD Property ID131872, DCAD Property ID161447 and DCAD Property ID 78612, respectively. SAVE & EXCEPT: Lot 1, Block 1, Scribner Addition, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet R. Page 46 of the Plat Records of Denton County, Texas. Said Lot 1, Block 1, Scribner Addition, is commonly known as DC14D Property ID 216450. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the 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 ("ETY') 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 covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and w EX�1ET LM 1 m sAour documents\miscell aneous\IO\annexations\nobles family partners non -annexation agreement.doc WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.03 5; 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. 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); k) sAour documents\miscellaneousl10lannexationslnobles family partners non -annexation agreement.doc (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 — 43 7 and § § 17-141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and In. 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 3 sAour documents\miscellaneous\10\ nexationslnobles family partners non -annexation agreement.doc 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 Volunta 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 Cw 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. Severabilily. 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. M sAour documents\,miscellaneous\10\annexations\,nobles family partners non -annexation agreement.doc Section 9. Remedies. This Agreement may be enforced by either owner or the City by any proceeding at lave 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. The initial term of this Agreement NO be for a period of five (5) years from the Effective shall be the date the Agreement is mutual agreement of the Parties. Date (the "Tenn"). The Effective Date of the Agreement executed by the City. The Term may be extended upon Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreements together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of , 2010. owners t obert H No les, General Partner of Nobles Family P rtners, Ltd. J' ie G. Nobles, General Partner of Nobles amity Partners, Ltd. THE CITY of DENTON, TEXAS By. City Manager, Deputy City Manager, or Designated Representative 5 sAour documents\miscellaneous\10\annexationslnobles family partners non -annexation agreement.doc THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the V day of ulwc.,� , 2010, by Robert H. Nobles, General Partner on behalf of Nobles Family Partners, Ltd. ti r Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the S day of -luv_'2:=�'_5 2010, by Jimmie G. Nobles, General Partner on behalf of Nobles Family Partners, Ltd. 6 ­ A TONi REEDY NONTAFRY PLOW Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This inst ent was a owle ged before me _on t4ie7 da of ,2� b y y City Wnage)/Deputy City Manager/Designated ' epresenta Ve, on behalf of the City of Denton, Texas. JENNIFER y�4ha. ti '' $� ' `e,l-,,�'� Notary Public, State 'oxas N t y Pubis tate of Texas oil : My Corit311���c�ir� �''i . + �► APPROVED AS TO LEGAL FORM: ANITA BUR.GES-S��CITY ATTORNEY��` �F I� f � CJ f P After recording return to sAour do cumentslmiscellaneousll Qlannexationslrobert & jimmie nobles -nobles living trust. doe Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 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 Robert H. Nobles, D.O. and Jimmie G. Nobles11 , Trustees, or their successors in trust, under the Nobles Living Trust dated November 30, 1989 ("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": Being 25.000 acres of land, more or less, situated in the E. A. Orr Survey, Abstract No. 983 and the Myers-Brummett-Johnson Survey, Abstract No. 1699, Denton County, Texas, and being more fully described in that certain Quit Claim Deed dated December 29, 1992 from Robert H. Nobles, D.O. and Jimmie Lou Nobles, alkla as Jimmie G. Nobles to Robert H. Nobles, D.O. and Jimmie G. Nobles, Trustees, or their successors in trust, under the Nobles Living Trust dated November 30, 1989, filed for record on December 29, 1992 and recorded in Volume 3411, Page 364 of the Real Property Records of Denton County, Texas. Said 25.000 acres of land, more or less, is commonly known as DCAD Property ID 60761 and DCAD Property ID 161789, respectively. SAVE & EXCEPT: 1.0017 acres of land, more or less, situated in the E. A. Orr Survey, Abstract No. 983, Denton County, Texas, and being more fully described in that certain Correction Warranty Deed with Vendor's Lien dated November 5, 1992 from Brian K. Walding and wife, Kimberly Nobles Walding to Eugenia C. Minor, filed for record on March 19, 1993 and recorded in Volume 3374, Page 448 of the Real Property Records of Denton County, Texas. Said 1.0017 acres of land, more or less, is commonly known as DCAD Property ID 60751. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the 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 ("ETF) 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 sAour documents\miscell aneous\I4\annexations\robert & jimmie nobles -nobles living trust. doc 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 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 43.03 5; 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. 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 2 sAour documentslmiscellaneous1I41annexationslrobert & jimmie nobles -nobles living trust.doc 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); (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. 11 j . National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 --- 43 7 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, 3 sAour documents\miscell aneous\IO\annexations\robert & jimmie nobles -nobles living trust. doc 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 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 A.TTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 M s.\our do cu ments\m i scell aneous\ I O\annexation s\rob ert & jimmie nobles -nobles living trust.doc Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Sever 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. The initial term of this Agreement shall be for a period of five (5) years from the Effective shall be the date the Agreement is mutual agreement of the Parties. Date (the "Tenn"). The Effective Date of the Agreement executed by the City. The Tenn may be extended upon 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 , 2010. 5 s:lour documentslmiscellaneousll Dlannexationslrobert & jimmie nobles -nobles living trust. doc THE CITY OF DENTON, TEXAS By. City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON r' This instrument was aeknowled ed before me on the day of�� g Y 2010, by Robert H. Nobles, D.O., Trustee, of Nobles Living Trust. Al REEDY wymy • 4- Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of C :; a 2010, by Jimmie G. Nobles, Trustete, of Nobles Living Trust. �. WtAft;L y- C' Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This ins�%ment wal acknowledged before �T Representive, on behalf of the City of Denton, T ,• Y P�, .��,•U���U����A Notary Pu7KA exas'�,,�My Corresi9 hd9 day of ,20/0 by g r/Deputy City Manager/Designated AA• E Aj N&ty Fu 1_ c State of Texas R sAour documents\miscellaneousl101annexationslrobert & jimmie nobles -nobles living trust. doc APPROVED AS TO LEGAL FORM: Wk After recording return to: Jennifer Walters sAour documenthniscelIaneousll DlannexationsVisa fergason, trustee christopher wetzel non -annexation i City Secretary 215 E. McKinney Denton, TX 76201 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 Lisa K. Fergason, as Trustee of the Christopher J. Wetzel Trust ("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" Being a called 3.2242 acre tract of land, situated in the E. A. Orr Survey, Abstract No. 983, and the Myers-Brummett-Johnson Survey, Abstract No. 983 Denton County, Texas, and being that portion lying outside of the city limits of a 4.200 acre tract described in that certain Deed of Gift dated December 28, 1993 from James W. Wetzel and wife, Freda J. Wetzel to Lisa K. Fergason, as Trustee of the Christopher J. Wetzel Trust, filed for record on December 29, 1993 and recorded in Instrument Number 93- R0094286 of the Real Property Records of Denton County, Texas. Said 3.2242 acre tract, is commonly known as DCAD Property ID 60738 and an unidentified DCAD Property ID lying in the Myers-Brummett-Johnson-Green Survey, Abstract No. 1699. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the 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 ("ETF) 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 shove 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 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 43.03 5; and a EXHIBIT 1 m sAour documentslmiscellaneousll0lannexationsllisa fergas on, trustee christopher Nvetzet non -annexation agrmt.doc 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. 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); (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; sAour documentslmiscellaneous1101annexationsllisa fergason, trustee christopher Nvetzel non -annexation agrmt.doc 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; 1. 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 — 43 7 and § § 17-141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 -- 457; and In. 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 applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. 91 sAour documentslmiscelIaneousllMannexationsVisa fergason, trustee christop her Wetzel non -annexation agrmt.doc 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; VoluntM.. 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 provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. CI sAour documentslmiscellaneous\10\annexationsllisa fergason, trustee Christopher Wetzel non -annexation agrmt.doc 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. The initial term of this Agreement shall be for a period of five (5) years from the Effective Date (the "Term"). 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. 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 0 , 2010. tK sFergason, as Tru tee Jf' the Christopher J. Wetzel Trust - Owner THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Managef; T--- Designated Representative sAour documents\miscellaneous\10\annexations\lisa fergason, trustee christopher wetzel non -annexation agrmt,doc THE STATE OF TEXAS COUNTY OF DENTON THE STATE OF TEXAS COUNTY OF DENTON This instruqrqnt was ackn vied d before me n t e day of ,2 .�, b y City Manager Deputy City Manager/Designated VWpresentat , on behalf of the City of Denton, Texa . l ati ,Yrr� JENNIM K, WALTE S l owy Public state of Texas # MY C0f�f�'liglom �xpir€3 % 40 APPROVED AS TO LEGAL FORM: ANITA BURGESS; CITY ATTORNtY___) o Vo"- ary Publfc, State of Texas fa0i After recording return to: sAour documents\miscellaneous\10\annexations\glenn & ruthanna Wilde non -annexation agreement.do Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201. 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 Glenn S. Wilde & Ruthanna M. Wilde "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". Being 6.00 acres of land, more or less, situated in the E. A. Orr Survey, Abstract No. 983, and the Myers -Brummett-Johnson- Green Survey, Abstract No. 1699, Denton County, Texas, and being more fully described in that certain Cash warranty Deed dated March 19, 1999 from Glenn S. Wilde and Ruthanna M. Wilde, as Trustees of the Glenn S. Wilde and Ruthanna M. Wilde Family Trust to Glenn S. Wilde and Ruthanna M. Wilde, filed for record on March 19, 1999 and recorded in Volume 4300, Page 2150 of the Real Property Records of Denton County, Texas. Said 6.00 acres, more or less, is commonly known as DCAD Property ID 166775 and an unidentified DCAD Property ID lying in the Myers-Brummett-Johnson-Green Survey, Abstract No. 1699. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the 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 ("ETF) 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 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 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; EXHIBIT 1 sAour documents\miscellaneous\10\annexations\glenn & ruthanna `vilde non -annexation agreement.doe 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 terns 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. 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 ("DDU), 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); (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; 2 sAour documents\miscell aneous\I O\annexationsAgienn & ruthanna wilde non -annexation agreement. do c C. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gras 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 — 4 5 7; 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 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 3 sAour documents\miscellaneous\10\annexations\glenn & ruthanna wilde non -annexation agreement.doc 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. Sever . 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. 'I sAour documentslmiscell a.neousl101annexationslgtenn & ruthanna wilde non -annexation agreement. doc 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 Multi le Cop ies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five (5) years from the Effective Date (the "Term"). 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. Section 14. Survival of Covenants. The covenants in Sections 25 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 � 1 , 2010. Owner —'VI 1. GIenrY SWi-h 1, f e THE CITY OF DENTON, TEXAS By: City Manage , Deputy City anager, or Designated Representative k s:lour documentslmiscelIaneousll Olannexationslglenn & ruthanna `vilde non -annexation agreement. do c THE STATE OF TEXAS COUNTY OF DENTON THE STATE OF TEXAS COUNTY OF DENTON THE STATE OF TEXAS COUNTY OF DENTON Thi's instrXffient was clViowled d before ni— Represent44ve,th J day of ,20&b Manag r/Deputy City Manager/Designated on behalf of the City of Denton, Texas. ��►►11 yI 1�ir�r �j � piF�rr�� J9NNIF" R K, WAL1 ERR Nota(y Publlc State p; xc�°%Xas My canifiliuloll expires Publ�,a", State of Texas