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HomeMy WebLinkAbout2010-069sAour documentslordinancesl10\6-3 accepting non annexation agreements.doc ORDINANCE NO. 2010-069 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-3 OF APPROXIMATELY 421 ACRES LOCATED ON THE SOUTH SIDE OF SPRING SIDE ROAD, NORTH, SOUTH AND WEST OF CORBIN ROAD, WEST OF I-355 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-3, as hereinafter described; and WHEREAS, Section 43.035, Subchapter B, Local Government Code requires the City to make offers of non -annexation development agreements to the owners of all properties which have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland within the area to be annexed; and WHEREAS, under a non -annexation agreement between an eligible property owner and the City, the land subject to the agreement retains its extraterritorial status and the owners of such land must abide by the City's development regulations as if such land were within the City limits, as provided further in such agreement; and WHEREAS, the city has 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 documentslordinancesU Nh-3 accepting non annexation agreements.doc 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-3, 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-3, 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 by reference as Exhibits "C-1" through "C- " SECTION 4. The City Manager is authorized and directed to sign the non -annexation agreements contained within Exhibits "C- 1through thh "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-3, 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 AZ' ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPRO ED AS O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: , Page 2 EXHIBIT "A" Annexation Tract DH3 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 (Tracts l & 11), ordinance 1980-67, Ordinance 1984-63, Ordinance 2001-451, and Ordinance 2006-205 (North Tract); and being more specifically described as follows: BEGINNING at a point at the intersection of Underwood and Springside Road as defined in Ordinance 200 6-205, North Tract; T ONCE in a southerly direction, along the east right-of-way of Underwood as more completely described in Ordinance 2006-205, North Tract, to a point of intersection with the north line of the property described in Ordinance 2001-451; OE in a easterly and southeasterly direction, along the north lane of the property described in Ordinance 2001-451 to a point of intersection with the westerly line of the property described M Ordinance 69-40, Tract II; THENCE northeasterly along the westerly line of the property described 1n Ordinance 69-40, Tract II to a point of intersection with the southerly line of the property described in Ordinance 84-63; THENCE in a west and north direction along the south and west line of the property described in Ordinance 84-63 to a point of intersection with the property described in Ordinance 80-67; THENCE northerly along the crest lino of ` the property described in Ordinance 80 -67 to a. point of intersection with the property described in Ordinance 69-40, Tract L being the existing City Limit line; . THENCE along the existing City Limit line as described by ordinance 69-40, the point of Be ginning. InMARIlahm After recording return to: sAour documents\miscellaneous\10\annexations\john & dana gandy revocable living trust 5 ac.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 The John H. Gandy and Dana P. Gandy Revocable Living 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 5.0 acres of land, more or less, situated in the J. Dalton Survey, Abstract No. 353, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated September 6, 2005 from John H. Gandy and his wife, Dana P. Gandy to The John H. Gandy and Dana P. Gandy Revocable Living Trust, filed for record on November 1, 2005 and recorded in Instrument Number 2005--13 6596 of the Real Property Records of Denton County, Texas. Said 5.0 acres of land, more or less, is commonly known as .DCAD Property ID 3 7025. 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 therm 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 WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton sAour documents\miscellaneous\10\annexations\John & dana Bandy revocable living trust 5 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. 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 warps 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 documentslmiscelIaneousll Olannexationsljohn &, dana gandy revocable luring trust 5 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 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. 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 3 sAour documentslmiscellaneousllQlannexationsljohn & dana gandy revocable living trust 5 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. A regiment 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 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 plans 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. R.ecordin. 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. n sAour documents\miscell aneous\I O\annexations\,John & dana gandy revocable living trust 5 ac.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 executions 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 �192010. Owners John H. randy Dana P. Gandy � THE CITY OF DENTON, TEXAS By: pity anag , Deputy City Manager, or Designated Representative 5 sAour documents\miscellaneous\10\annexations\john & dana Bandy revocable living trust 5 ac.doe THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of g y 2010, by John H. Gandy. Notary PO!ltic State of Mr C014MI:S1014 exPt s 2,20t3 Notary Public, State of Texas STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of , 2010, by Dana P. Gandy. Notary Public State O# Teit" +� My CofAMISSION EXPiAE� �t �� March 2, 2013 �... _.79 TIDE STATE OF TEXAS COUNTY OF DENTON Notary ublic, State of Texas This insty6pent was ac nowle ed before e-o t ie � ��dday of lx�;% y City Manage /Deputy ity Manager/Designated RepresentiWve, on behal of the City of Denton, Texas. Notary State of Toxas WS APPROVED AS TO LF� ANITA BIJ "- GE�S , CITY ATTORB) r 9ary � Pub i ,State of Texas 3i After recording return to: Jennifer Walters sAour documents\miscellaneous\10\annexationsljohn & dana gaudy 10 ac,doc 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 The John H. Gandy and Dana P. Gandy ("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 10 acres of land, more or less, situated in the J. Dalton Survey, Abstract No. 353, Denton County, Texas, and being more fully described in that certain warranty Deed with Vendor's Lien dated August 24, 1979 from H. L. Handley and wife, Ruby Handley to John H. Gandy and wife, Dana J. Gandy, filed for record on August 28, 1979 and recorded in Volume 971, Page 251 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 3.00 acres of land, more or less, situated in the J. Dalton Survey, Abstract No. 3 5 3, Denton County, Texas, and being more fully described in that certain Warranty Deed dated January 31, 2001 from John H. Gandy and Dana P. Gandy to John Scott Gandy and Dena R. Gandy, filed for record on February 1, 2001 and recorded in Instrument Number Volume 4766, Page 1110 of the Real Property Records of Denton County, Texas. Said 3.00 acres of land, more ,or less, is commonly known as DCAD Property ID 231354. The remaining 7.00 acres of land, more or less, is commonly known as DCAD Property ID 37011. 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 ("ETJ") for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it i s 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 1 E XHIBIT sAour documents\miscellaneousl101annexationsljohn & dana gaudy 10 ac.doc 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 terra 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 wastes 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 rJ, sAour documents\miscellaneous\10\annexations\John & dana gandy 10 ac,doc for Public Works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual), (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j . National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 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 (duality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and 3 sAour documentslrnisce11aneous\I Mannexati on Aj ohn & dana gandy 10 ac.doc (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• Voluntqa 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. r� sAour documents\miscellaneous\14\annexations\john & dana gaudy 10 ac.doc 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 41 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 eriod of five (5) years from the Effective shall be the date the Agreement is mutual agreement of the Parties. p Date (the "Term-"). 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 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 atA � , 2010. Owners John H. Gandy Dana P. Gandy THE CITY OF DENTON, TEXAS By: City Manage"r, Deputy City Manager, or Designated Representative R sAour documents\miscellaneous\10\annexations\john & dana gandy 10 ac.doc THE STATE OF TEXAS COUNTY OF DENTON r This instrument was acknowledged before me on the Cj day of , 201 D, by John H. Gandy. . Notary Public State of T MY COMMISSION EXPIREI M&r*h a, 2013 NOW T HE STATE STATE OF TEXAS COUNTY OF DENTON THE STATE OF TEXAS COUNTY OF DENTON Notary Public, State of Texas This inst ent was ac ovvled d before n -wof ie day of/,24 by ity Manager eputy City Manager/Designated Represents ve, on beh'a'l'r6f the City of Denton, Texas. Notary Public-, State of Texas My C,h ,yiloglon Expires APPROVED AS TO LEGAL FORM: X/I Not ry ubie, pLate of Texas 3, 2151 2010 19 : 56 CITY OF DENTON 9403827923 p ., 2 After recording return to: 'r Jennifer Walters s,�our doounm*\ nis ot�A1filann xati arsim r am�ncr non-anrtcx rt fin, City Secretary 215 E. McKinney { Denton, TX 76201 C HAPTER 211 XAS LOCAL GOVERNMENT CODE NON -ANNEXATION AGREEMENT ` "- s 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. Terri J. Meador and Robert ' . Homer (4'0v ners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or colleedvely referred to as " Party" or ' Parties": Being a filed 65.72 acre tract of land, more or less, situated in the William Safaris Survey, Abstract No. 1174, and a 63.713 acre tract of land, more or less, situated in the S. Pritehett Survey, Abstract No. 1004, Denton County, Texas, and being that portion lying outside the city limits, of a.156.47 acre tract, more or less, described in #,bat certain Correction general Warranty Deed dated to be effective October 14, 1994 from The Herradura Joint Venture to Terri J. Meador and Robert W. Hammer, filed for record on December 27, 1994 and, recorded in 1nst =ent Dumber 94-ROO94073 of the Real Property Records of Denton County, Texas. The called 65.72 acre tmt of land, more or less, and the called 63.713 acre tract of land, more or less, are cornrnonly lunown as DC.4D .Prouty ID 37096 and DCAD Property ID 37343, 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 e xt raterritori at �. sdiction C'ETF) for the term, of this Agreement; THEREAS, Owners and the City acknowledge that this Agreernent between there is of nding upon the City and. the Owners and their respective successors and assigns for the teen 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 va"idlife management .use, or timber land pursuant to Tex. Tax Code ehapter 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 eater into an agreement pursuant to Text Lac. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property ovmerls covenant not to develop the property and to authorize the municipality to apply development �e 4tiu lations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. 'lack. Gov"t Code section 43.035; and EXHIBIT m ............... ' 010 1 ;.:;5 �cI'TY` OFF MENTON 3433827923 p. 3 i J.4' mmentslmisoellancM l%Mjnexs ionsVwador & hammer nom-awieutionAoo z ; f� WEMRFAS, this Agreement is to be recorded in the Real Property records of Denton �T [ �� e� NOW �REFORE, in consideration of the mutual covenants contained herein, the Parties her d:' a :follow 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, subj ho even to the provisions of this Agreement. Section. 2. De elo naent Plan. The Owners covenant and agree that use of the Property term of this Agreementand any extensions agreed to by the Parties shall be Imuted to farm -related and ranch. -related uses and customary accessory uses, and single-family detached farm or ranch .4*6 ..gs, provided that no single--fam.zly dwelling may be located or constructed on a lot smaurti4r ''(5) acres. The property owner may apply to the City for division of the Oland subject to this Agee ent into parcels, each of which is at least five (5) acres in sire, for the set forth in this section without being in violation of this Agreement. such use and activities constitute thc development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section I Go3TMLng Re ns. The following City regulations shall apply to any of the Property, as may be amended from time to time, provided that the p application of such regulations does not, result in interference with the use of the land for agricultural, wildlife nu nagement or forestay 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, 19 99-2020, 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 (M"Cluding construction, drainage, site design, solid waste, tr nsporkation, 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 C ounci l of Governments Standard Specifications for Public works Construction, North. Central Texas, 3rd Pad. 1998 (NCTCOG Manual), (3) Denton bul l di ng codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subehapter 24,, adopting: . International Buiidmng Cede, 2006 Edition with local amendments; 0) 2010 13 5- ;`C I TY1 -CIF DENTON 9403827SP-3 p.4 1. r�ous �Q�uml�nis�11 '4nslrnvr & hammer nonsinnexapnn.doc s b. International Residential Code, 2006 Edition with Appendix 0 and local amendments; c. The International Fire Code, 2006 Edition with Local amendments; d. Intearnatior Plumbing Code, .2006 Edition with local amendments. - co International Fuel Gas Code, 2006 Edition vdth local atnendhnents; f. International Mechanical Code, 2006 Edition with local ti ner dments g ' Code of Ordinances Chapter 17, Dentton. Property Maintemmee Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional. amendments; 'National Electric od , 2005 FJ i.ionwith local amend 1 ts, National Electric Safety Code, 2003 Edition, with regional amendments; 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 ors -site operation requimments, contained within Chaptex 26 of the Denton Code of Ordinances, as amended, and. Subehapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemcnted by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable, ' `strative standards of the Texas Commission on En riwmnental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Benton Code, as amend4 and subehapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by regal rements of the Texas Water Code, as amended,. Texas Nate Resources Code, as amended, applicable a10 dxnnustrative standards of the Texas Commission on Environmental Quality, as amended, and applicable admmi strative standards of the Federal Emergency Mamgement A.dministmdon, as amended; and (7) Gas well platting, drilling and production standards, as contained in §35.16.19 and subehapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natmal .Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on. Envirownental Quality,'as amended. 3 13: 57 CITY OF DENTON 9403027923 P.5 sAlour do-cumenb6is�iitan6uskbzmexWom�eadar & hammer non-annaxation.dao Sectionevelo ment Plan to Remain in Effect. Following termination of this Agreement for any reason, Ahe Development Plan set forth in Section. 2 shaft remain in effect for . u e<Nr ,o of 180 calendlr days thereafter, or until the effective date of the annexation and zoning of the Propay, whichever first occurs. The Parties covenant and agree that the City- may de4y q4y ve1ov em application or plan of development that is submitted to the Cityfor the Prl '` ` _ luridg s .�h mod if such application or plan is inconsistent with the D evelopmet t ' � . , ! Tht . owners expre s sly waive any vested rights that rn ght otherw sea se er low or state law, or by common law, from the submittal of such inconsistent development .. ors. The hers further agree that no use commenced or completed on the Property that w T- nsistent with the development plan shall be considered established or in existence prior to the expiration of the 1 8o-day period during which the Development Plan is in effect. Section 5. A went Deemed Void in Part, Volmtm 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, pro vide d 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 flex. Loc. r ov't C o de cube hhapter C-� 1, or other such other provisions governing vo 1 annexation of land as may then exist owners expressly and irrevo cab l y 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 by Tex. Loc, Gov't Code section 43.052, or successor statute. Section 6. Noice 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 gmtee. A copy of the notice shall he forwrarded to the City at the lov,ring address: City of Denton, Texas ATTN: Director of Planning and Development 221 N, Elm. Street Denton, TX 76201 Section 7. Recordin . This Agreement is to Arun with the Property and be recorded in the real property records, Denton County, Texas. Sec on. � evembili . Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall renmm in foil force and effect. Section. 9- ,Rues. This Agreement may be enforced by either Owner or the City by any g roceedin at law *,or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereat'. Entry into this Agreement by Owner waives no rights as to matters not addressed *n this Agreement.. . 4 O p. 8 8"Our iocumerflrriisod1a rcoul10,a =adowVaead 0` & hammer nm-annwatica.dm Section 10. h % Law, No sibs eq uent change in the law regarding mm Z-c the enforceability of tWs Agreement or the Ci f s ability to aMox the properties herein pursuant to' S6ction 4. secion. 3 i Venue* Venue for this Agnment shall be ' Denton county� Texas, Section 12. Executou in �Lu !QO i s. This Agreement may be scp"wely, execute individual counterpaTts and, upon exeeut om shall constitute one and mme ' en#. section 11 ' "i' m •and Extensi on. The initial term of this Agrecment ses he for a peno Of fi've (5) years h7om the Effective Date (the "Ter&). The Effective Dote of the Aem r- s-W] the date the art is executed � e �� bar �� City. The Term ��� l e<�1��e�. u mutual agreement of the Parties. S ec6orc' ' 14 • of C a yena�ts, '�'he a �►ts i eed ins and shaX t�,,.�ixi�.o� ��' this .� • e�r�e � together � any provisions, � -�- �i�� �...� y ether provisi�, may be necessW for th ~-2� • -zm entation of these sect o�. F... The Peres hweW have exemted this ree�ent as of �. t . � Mkt 0. ()Wnersyg . Terri J. me 7HE CITY OF DENTON, TEXA By City der* Deputy City r, or Desired Repre ntative 5 9403827923 p.7 1p-7 s'-kOw drown 1s\mi3ca Enwwkl*==a tionrAmma dor & hamfwx ncm-Mmx dion. dar. 'I STATE of TEXAS- � COUNTS OF DENTON � r , This thastn=ent was acknowledged before me on the 1 of 20 Wo by Teni J. Meador. N&8i3 Public, State of Texas COUNTY OF DENTON � This iristru.ment was aeknowkdged before me on the day of 21D i G, by Robert W. Kammer. ga `•►►►�''��, CHRISTEL E. WILSON Notary Public, State of Texas �MI W"_ MY Commission Expires May 05, 2010 THE STATE OF TEXAS } COUNTY OF aExTarr } r , a wry Public, State of Tex" Thl"s uac nt -ww ac I b efo e`� the day c " di-A-0 - ___ -Ity b /Av"40 sty M anage uty City mmager/Desig n e i s tee n be rLfOT the City of Denton, Texas, bl# S Ni::::(* Pu taW or i exas ,•►►nY INIFER Kr WALTERS Notary Pub11, Stag of %xaS p My corn(Y)l9sion Expires �I t 1�111 APPROVED AS.-TO-LE-6 .NTA BUROES , CITY '.,�-,�,�µ n•-•w=;w"-max°' " _.�.�-� ...,_'� ,.. F,�.u�-,.�.., 6 After recording return to: 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 Wallace Whitworth, Jr. and Barbara Ann Whitworth ("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 7.822 acres of land, more or less, situated in the Jeremiah- Dalton Survey, Abstract No. 353, Denton County, Texas, and being more fully described in that certain warranty Deed with Vendor's Lien dated April 2, 1981 from Harold L. Handley and wife, Ruby H. Handley to Wallace Whitworth, Jr. and wife, Barbara Ann Whitworth, filed for record on April 8, 1981 and recorded in. Volume 1070, Page 192 of the Real Property Records of Denton County, Texas. Said 7.822 acres of land, more or less, is commonly known as DC,4D .property ID 3 703 0. 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 ("ETJ") for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between there 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 terns 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 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 DD C 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 ,'Dater 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 Environrn.ental 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 a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 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. 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 4. 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 Section 10. Change in Law. No subsequent change in the lave 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 2010. Owners Wallace Whi(worth, Jr. 'I WJ Gla ■ • ■ ■0,01-IFAIR "41- THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative R TIC STATE OF TEXAS COUNTY OF DENTON Thisin instrument was acknowledged before me on the day of 2010, by Wallace Whitworth, Jr. SISi'i .• t , .' ;; t•'' l CLAY FULLER i s R.: •> : r:'' € + !`! � � SlON EXPIRES Jay 7 2 ''' • ` ,�' N ry Public State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 2010, by Barbara Ann Whitworth. LKEDY NOW THE STATE OF TEXAS COUNTY OF DENTON Notary Public, State of Texas 4 &This instniftnt was ac wledge before Te-on-the,day of ,2 by &-j& A/yw 5'ty Manager eputy City Manager/Designated Representat e, on ehalf of the City of Denton, Texas. JENNIFER K. WALTEPS Nobky Pubfi , tate of Texas notary Public, State of Texas My CornmIt>sion Expires !2010 APPROVED AS TO LEGAL FORM: ANITA Bp-`JES'S'. CITY �ATT I Y r 6 After recording return to: 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 Wallace Whitworth, Jr. and Barbara Ann Whitworth ("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 3.000 acres of land, more or less, situated in the Jeremiah Dalton Survey, Abstract No. 353, Denton County, Texas, and being more fully described in that certain Warranty Deed dated April 2, 1981 from Harold L. Handley and wife, Ruby H. Handley to Wallace Whitworth, Jr. and wife, Barbara Ann Whitworth, filed for record on April 8, 1981 and recorded in Volume 1070, Page 188 of the Real Property Records of Denton County, Texas. Said 3.000 acres of land, more or less, is commonly known as DCAD Property ID 37028. 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, S, 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 terns 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 NOVA, 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. Governina 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; 2 d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended- h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j . National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§17-141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and M. Moving Buildings, Denton Code §§28-326 — 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality; as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas well platting, drilling and production standards, as contained in §35.16.19 and sub chapter 22 of the Denton D eve 1 opment 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 3 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 4 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. Seyerability. Invalidation of any provision of this Agreement by judgment or 16 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. 51 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 "Terns"). 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 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 a / 67 , 2010. Owners THE CITY OF DENTON, TEXAS BY: City Manager, Deputy City Manager, or Designated Representative Z THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day off 2010, by Wallace Whitworth, Jr. ,,,►►►fi,,�.`•� DUSTIN CLAY FULLER *� `= MY COMMISSION EXPIRES July 27, 2D13 ''►�►''` No ary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON THE STATE 4F TEXAS COUNTY OF DENTON This lnst ent was ac owled ed beforeT6e--n the dayD by Manage eputy City IV lanager/Designated epresent ive, on behalf ofthe City of Denton, Texa. ���t►`� F�`�fi JENNIPER K. V A TER, Texas Notary Pubila, State of Texas y My Commloolon 50res �Pt�t4t11 APPROVED AST -LE GA -I F01 ANITA B VRG-E S S, CITY ATTO t r rary Pub c, Stated Texas