HomeMy WebLinkAbout2010-070sAour documentslordinances\10\dh-4 accepting non annexation agreements.doc
ORDINANCE NO. 2010-070
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-4 OF APPROXIMATELY 347 ACRES LOCATED ON THE EAST SIDE OF BONNIE
BRAE STREET, WEST OF FORT WORTH DRIVE, EAST AND WEST OF VINTAGE
BOULEVARD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED
HERETO; PROVIDING FOR SEVERA.BILITY; 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-4, 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 documentslordinancesl10\dh-4 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-4, 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 DII-4, 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- q ".
SECTION 4. The City Manager is authorized and directed to sign the non -annexation
agreements contained within Exhibits "C-1" through "C- 7 " 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 DI3-4,
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 tale effect immediately on its passage.
AND IT IS SO ORDERED.
Passed by the City Council reading this 2nd day of March;,,?010.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRO ED AS WO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 2
EXHIBIT "A"
Annexation Tract DH4
ALL those certain lots, tracts or parcels of land lying and bemg 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 and
disannexation ordinances as follows: Ordinance 1969-40 (Tract III), Ordinance 1979-82,
Orden" Wce 1980-1, Ordinance 1.991-33 (Tracts 1 & 3), and Ordinance 2001-92; and being
more specifically described as follows:
BEGINNING at a point at the southeast corner of the property described in Ordinance
9 1 -03 3, Tract I, being a point at the intersection of Allred Road and Bonnie Brae Road;
THENCE Forth 000 39' 53" West, 3265.02 feet along Bonld'e Brae Road to a point, said
paint being the northeast corner of the property described in Ordinance 91-033, Tract Is
and also being the southeast corner of the property described in Ordinance 91-033, Tract
III;
THENCE northerly along Bonnie Brae Road to appoint, said point being the southwest
corner of the property described in Ordinance 2001-092;
THENCE South 89" 29' 08" East, 1700.62 feet along the south line of the property
described in ordinance 2001-092 to a post;
TBENCE North 880 46' 32" East, 1502,66 feet along the south line of the property
described in ordinance 2001-092 to a point for a corner;
THENCE North 000 47' 19" West, 2294,14 feet to a point for a. corer;
THENCE southerly along and near the median of Hickory Creek, a series of meanders
totaling approximately 2411.54 feet to a point;
TEENCE South 20'0 31' 17" East, 21.90 feet to a point for a corner, said point being the
northwest corner of disannexatien tract described in ordinance 80-1, Tract M;
THENCE southwesterly along the north boundary line of the property described in
Ordinance 8 0 -1, Tract III, same being the center of the channel of Mokory Creek to a
point for a corner at the intersection of the north boundary line and the west right-of-way
line of the Texas and pacific Railroad;
TBENOE southwesterly along the right-of-way line of the Texas and pacific Railroad to
a point for a corner, said point being the southeast corner of the property described in
Ordinance 80-1, Tract III and the northeast corner of the property described in ordinance
79-082;
THENCE continuing southwesterly along the fight -Of -way line of the Texas and Pacific
Railroad as described in ordinance 79-082, to a point for a corner, said corner being the
southeast corner of said ordinance and the also being the northeast corner of the property
described in Ordinance 69-40, Tract III;
Thence northerly to the point of Beginning, containing 347 acres, more or less.
EXHIBIT B
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Allred Rd.
Q
JQ/
City of Denton, Texas
DH 4 - 347 Acres
Feet
0 400 800 1,600 21400
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 Bradley A. and Mishelle L. Burps
("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 11.958 acres of land, more or less, situated in the William Roark Survey, Abstract
No. 1087, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated February 4, 2002 from Mont L. Wilkes and Ernrie A.
Wilkes, husband and wife to Bradley A. Burks and wife, Mishelle L. Burks, filed for
record on February 20, 2002 and recorded in Volume 5027, Page 1036 of the Real
Property Records of Denton County, Texas. Said 11.958 acres of land, more or less, is
commonly known as DC 4D Property ID 241741.
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 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 43.035; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
EXHIBIT
r
O
Z
E
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 4 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, Forth 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 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
— 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 Protections 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) Gras 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 sub j 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. Recordn . This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. S everability. 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
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.
S ection 13. Term. and Extension. The Initial term of this Agreement shall be for a per11
iod
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 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.
Owners
B DIy A. B u &S
C,p
Mishelle L. Burks
THE CITY OF DENTON, TEXAS
By:
City anager, Deputy CityNfanager, or
Designated Representative
TB E STATE OF TEXAS
COUNTY OF DENTON
y'4
' This �nstrurnent was acknowledged before me on the day of ,
2010, by Bradley A. Burks.
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TIC STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the g day ofFf-�Orut&rj,
20105 by Mishelle L. Burks.
p14ANIS VNN CLEMMCNS
�wst,�p...+�'r•�s public; State cif Texas
Notary �vmmissicA f}*�x]p,7res
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Februa[y 2015
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THE STATE OF TEXAS
COUNTY OF DENTON
Notary Pu lic, State of Texas
This ins ent was ac wledg d before m - �ytfie day /i�
,212, by
City Manager eputy Manager/Designated
Represents ve, on behalf of the City of Denton, Texas.
44 4►•, � N N � K. V�IALTER o Pu State of Texas
w . � Notary Public, State Gf Texas '
�► My COMmission Expires
on
After recording return to
sAour do cumentArnis cell aneous\ I MannexationAl an ce & kim crawford non -annexation agreement.do Jennifer Walters
City Secretary
215 E. McKinney
Denton. TX 75201
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 Lance T. Crawford and Kimberly M.
Crawford ("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 4.00 acres of land, more or less, situated in the James Severe Survey, Abstract
No. 1164, Denton County, Texas, and being more fully described in that certain
Warranty Deed with Vendor's Lien dated October 26, 1992 from Brighton Trading
Company, L.C. to Lance T. Crawford and wife, Kimberly M. Crawford, filed for record
on November 20, 1992 and recorded in Volume 3382, Page 952 of the Real Property
Records of Denton County, Texas. Said 4.00 acres of land, more or less, is commonly
known as DCAD Property ID 1668480
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;
im
EXHIBIT
m
sAour documents\miscell aneous\I0\annexations\Iance & kim.crawford 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 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 175 28 and
29, and DDC Sub chapter 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 do cuments\mis cell aneous\ I Olannexationsllance & kim Crawford non -annexation agreement.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 -- 3 75;
(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 adrnim*strative 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 ana.ended, 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 'M' effect for
a period of 180 calendar days thereafter, or until the effective date of the annexation and
3
sAour documents\miscellaneous\10\annexations\lance & kim Crawford non -annexation agreement.doe
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; volunt 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. Recordin . This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. SeverabiiitY. Invalidation of any provision of this Agreement by judgment or
sk
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.
sAour do cumentslmiscellaneousll dlannexationsllance & kim crawford non -annexation agreement, do c
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 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 '9�2010.
Owners
ance T. Craw -ford"
Kimberly M. Crawford
THE CITY OF DENTON, TEXAS
By: 2e55,111--�_
City Manage ,Deputy City Manager, or
Designated Representative
5
s;lour documents\miscellaneous\10\annexationsllance & kim crawford non -annexation agreement.doc
Notary Public, State of Lexja
e day of 2 ,j by
:City Manage /Deputy City Manager/Designated
N ary Publ , State of Texas
THE STATE OF TEXAS I
COUNTY OF DENTON I
This instrument was acknowledged before me on the day of
20 I O, by Lance T. Crawford. C� 1
R
of Public, State of 17exas
THE STATE OF TEXAS }
COUNTY OF DENTON }
r
This instrument was acknowledged before me on the day of
2 o 10, by Kimberly M. Crawford.
TOM F&W
NOYMPUM
Im OF me
THE STATE OF TEXAS }
COUNTY OF DENTON I
This ins anent was a knowled ed before
Representa6e, on be a of the City of Denton, Te
L.
Notary Public, State of Texas
Comrnis810n
so's
•�J +��� OF 1
sti l l
Expires
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2010
i V
APPROVED AS TO LEGAL FORM:
ANI
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 Rodney S. and Kathy A. Preston
("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 10.50 acres of land, more or less, situated in the William Roark Survey, Abstract
No. 10875 Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated January 22, 2001 from. Mont L. Wilkes and Enuie A.
Wilkes, husband and wife to Rodney S. Preston and Kathy A. Preston, filed for record on
January 24, 2001 and recorded in Volume 4760, Page 1432 of the Real Property Records
of Denton County, Texas.
SAVE & EXCEPT: 0.014 acres of land, more or less, situated in the William
Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully
described in that certain Donation Deed dated February 10, 2005 Rodney S.
Preston and Kathy A. Preston to Denton County, Texas, filed for record on March
2, 2005 and recorded in Instrument Number 2005-23926 of the Real Property
Records of Denton County, Texas.
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 terra 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
EXHIBIT
laws
m
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
it 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, good Edition with local amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with localamendments;
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
3
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 ffirther 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. Record%. 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,
ri
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.
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 Coies. 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 a
THE CITY OF DENTON, TEXAS
By: C , .
City Manager, Deputy City Manager, or
Designated Representative
k
THE STATE OF TEXAS I
COUNTY OF DENTON }
This instrument was acknowledged before me on the ,;Iday of ,
2 010, by Rodney S . Preston.
CHRI
Notary State ofTiRn ,.-
M� MY
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON I
This instrument was acknowledged before me on the day of ,
2010, by Kathy A. Preston.
CHRISTM =As-om-
`��' . Notary Public State of To
MY c;0fAM18E1dN E] PINE*
�r OFt�.iwch 2, 2013
THE STATE OF TEXAS I
COUNTY OF DENTON I
r
Notary Public, State of Texas
This instrument was ackaowled ed before sae one day of�� �2�� by
AlvwCity Mana r/Deputy City Manager/Designated
epresenta e, o`n�&e_halfolf the City'of Denton, Texa .
y tt,��sPrr JENNIFER K, WALTERS
19 & �� ,i��r
�`' ''i`�'yw Notsry Public, State of Texas
Nay Cer'nmiesion Expires
D 000ft6r19, 0ry
APPROVED AS T� LEGAL F�� M
ANITA BTjRCTES S, CITY ATTORNEY
State of Texas
0
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 Christopher T. and Joyce L. Robinson
("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 21.543 acres of land, more or less, situated in the William Roark Surveys Abstract
No. 1087, Denton County, Texas, and -being more fully described in that certain General
Warranty Deed with Vendor's Liens dated October 22, 2007 from Philip L. Pierce and
wife, Deborah D. Pierce to Christopher T. Robinson and Joyce L. Robinson, filed for
record on October 25, 2007 and recorded in Instrument Number 2007-1263 27 of the Real
Property Records of Denton County, Texas. Said 21.543 acres of land, more or less, is
commonly known as DUD Property III 76883.
SAVE & EXCEPT: 0.486 acres of land, more or less, situated in the William
Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully
described in that certain Donation Deed dated June 1, 2004 from Philip L. Pierce
and wife, Deborah D. Pierce to Denton County, Texas, fled for record on June
22, 2004 and recorded in Instrument Number 2004-82064 of the Real Property
Records of Denton County, Texas.
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 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 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
EXHIBIT
C.-I
1
wIIEREAS, the Parties are desirous of entering into an agreement authorized under Tex.
Loc. Gov't Code section 43.03 5; and
wI-MREAS, 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 (R-D-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);
2
(3) Denton building codes, as contained within Denton Code Chapters 17, 28 and
29, and DDC Sub chapter 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 3 0 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
ki
and as applicable, and as supplemented by requirements of the Texas Utilities
Code, the Texas Natural Resources Code, the Texas Water Code, and
applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section. 2 shall remain in effect for
a period of 180 calendar days thereafter, or until the effective date of the annexation and
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that
the City may deny any development application or plan of development that is submitted to the
City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect,
Section 5. Agreement Deemed Void in Part; Voluntary Annexation.
(A) If an owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of
land as may then exist. owners expressly and irrevocably consent to annexation of the Property
under such circumstances. owners further agree that such annexation by the City shall -be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, Tx 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded *in the
real property records, Denton County, Texas.
Section 8. Sever abili . 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.
n
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. Chanie 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 Muftiple_Co-pies. 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.
Owne3s// zc:,
^
�r
Chri-stopher T. Robins
w
Jovde, obinson
THE CITY OF DENTON, TEXAS
By:
City Manager, Deputy City Manager, or
Designated Representative
1
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of ,
2010, by Christopher T. Robinson.
con s o . A.
Notary POW State of �TexW +� MY GOB+ MISMON !� . '
Moab to M3
THE STATE OF TEXAS
COUNTY OF DENTON
r�
Notary Public, State of Pexas
This instrument was acknowledged before me on the day of ,
20105 by Joyce L Robinson.
Notary ,".IoMY c0f.
ate r� Y
THE STATE OF TEXAS
COUNTY OF DENTON
t
Notary Public, State of Texas
This ins ent was a Crthday of
�r,20��Y
i tYManager e u�City Manager/Designated
kepre s enta ve, on behalf of the City of Denton, Texas,
►....,. JENNIFER K,
�' (ALTERS
.. w Notary Public, State of Texas
+ ► w
►' My Commilssion Er�xpirryes
�ry��+D #;1► 4iti
APPROVED AS—0—LEGAL FORM:
ANITA BUR-GES S, CITY ATTORNEY
1
BY:
r
r a 'iib,�0,- rTexas
me
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 Richard and Julie Smutzer ("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 3.107 acres of land, more or less, situated in the James Severe Survey, Abstract
No. 1164, Denton County, Texas, and being more fully described in that certain Warranty
Deed dated February 19, 1997 from Brighton Trading Company, L.C. to Richard A.
Smutzer, filed for record on February 24, 1997 and recorded in Instrument Number 97-
Roo 115 8 8 of the Real Property Records of Denton County, Texas.
SAVE & EXCEPT: 0.047 acres of land, more or less, situated in the James Severe
Survey, Abstract No. 1164, Denton County, Texas, and being more fully
described in that certain Donation Deed dated February 12, 2005 from Richard
Smutzer to Denton County, Texas, filed for record on March 2, 2005 and recorded
in Instrument Number 2005-24062 of the Real Property Records of Denton
County, Texas.
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;
TYN'HEREAS, 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 municip ality' 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
EXHIBIT
1
m
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 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;
0)
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;
1. National Electric Code, 2005 Edition with local amendments,
j. National Electric Safety . Code, 2003 Editions with regional
amendments;
k. Mimmum 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
3
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 18 0 -day period during which the Development Plan is in effect.
Section 5. A eement Deemed void in P art -, 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
AT'TN: 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.
11
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 Multi le Co 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 "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 , 2010.
Smutier
CITY OF DENTON, TEXAS
By:
City anager, Deputy City Manager, or
Designated Representative
z
THE STATE OF TEXAS I
COUNTY OF DENTON I
h
This instrument was acknowledged before me on the day of
2010, by Richard Smutzer.
T ^ .... INCK
+1�1vt�ry U6 State at Text IRE$.*_
GUMMIS
ION UPI
2,2013
5
Notary, Lblic�, State of Texas
THE STATE OF TEXAS I
COUNTY OF DENTON I
This instrument c ru was acknowledged before me on the day of ,
2010, by Julie Smutzer.
=' Y KATW G. JONES
My COMMISSION EXPIRES
••,.��..ts October 12, 2012
, �,� _ Notary P lac, Stat Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
r
"This ins ent was ac owle d e d before, m e day of _,),by
City Mans r/De uty City Manager/Designated
Represents e, on ha
of the City of Denton, Te
/// )nz
' V�rPu c State of Texas
.. ,9p,,�JENNIFER K, WAL ER$Y s fir
Notary Public, State of Texas
Illy Cominlasion Expires
Docornbor 19, 2010
.10 t I•.srr-akp
In■
G1
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 Paul A. and Tammy D. Tubbs ("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 4.390 acres of land, more or less, situated in the Jaynes Severe Survey, Abstract
No. 1164, Denton County, Texas, and being more fully described in that certain Warranty
Deed dated October 22, 1998 from Don F. Logan and wife, Patricia A. Logan to Paul A.
Tubbs and Wife, Tammy D. Tubbs, filed for record on October 26, 1998 and recorded in
Volume 4204, Page 547 of the Real Property Records of Denton County, Texas. Said
4.390 acres of land, more or less, is commonly known as DC,4D Property ID 2 00811 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 them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement;
4
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 ire the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
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;
0)
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 sub chapters 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
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
3
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 Annexat16
ion.
(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 G. 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
11
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.
M
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
m 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 "Terra"). The Effective Date of the Agreement
executed by the City. The Tern 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.
Owners
-, , , L
Paul/A. Tubbs
Tammy D,'T-Ubbs
THE CITY OF DENTON, TEXAS
By:
City anag r, Deputy City Manager, or
Designated Representative
W
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of 11
...........
20 10, by Paul A. Tubbs.
A. O&MMM
Notary Public state of Tom
2
MY C04mISSioN EXPIRES
+ Uwch 2, 2013
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the —A-4sday of ,
201 03 by Tammy D. Tubbs.
Notary p bHc State Tex. y-
y ray bOUMISSION 9"r
t�
THE STATE OF TEXAS
COUNTY OF DENTON
Notary Public, State of Texas
gThis � �.nstru nt was ac wledged before me e day of Z _ ,2 , j by
ity MLanager eputy City ManagerMesignated
Representat e, on behalf of the City of Denton, Texas.
•�,%`' fill,11 ,• . ENNIFER K. WALTERS
4 *,6 •,e' Notary public, state of Texas
Vyr ,;�,, My Co�ymmisDecmbeirsion Expires
19, 2010 ���+•if#{fit;
APPROVED AS TO LEq AL._EO1I�I:
ANITA BURG, ES-S CITY ATTORNE
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NA'oA Public,/State of Texas
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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 Kevin M. Wade and Sheila L. Luster
("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 6.460 acres of land, more or less, situated in the James Severe Survey, Abstract
No. 1164, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated October 28, 1992 from Brighton Trading Company, L.C.
to Kevin M. Wade and Sheila L. Luster, filed for record on November 25, 1992 and
recorded in Volume 3385, Page 616 of the Real Property Records of Denton County,
Texas.
SAVE & EXCEPT: 0.574 acres of land, more or less, situated in the Jaynes Severe
Survey, Abstract No. 1164, Denton County, Texas, and being more fully
described in that Donation Deed dated March 3, 2005 from Kevin M. Wade and
Sheila L. Luster to Denton County, Texas, filed for record on March 15, 2005 and
recorded in Instrument Number 2005--30082 of the Real Property Records of
Denton County, Texas.
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
EXHIBIT
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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 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. GoverningReat�� p ns. 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. 1995 (NCTCOG
Manual);
2
(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 bras 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 D eve l opment Code, as amended
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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-, Volunt 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. Recordri . 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.
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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 Multi le Co 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 fora 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 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 ft1611? 2 , 2010.
Own S
Kevin M. Wade
Sheila L. Luster
THE CITY OF DENTON, TEXAS
By: .-
City ana.ger, Deputy City Manager, or
Designated Representative
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Feb 20 10 12: 1 Sa S . Laster 9403833010 P.6
Section 9. Remedies, This Agreement may be enforced by either Owner or the City by
any proceeding at lave or mn 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 Co 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 penod
of five (5) years from. the Effective Date (the "Tenn"). The Effective Date of the Agreement
shall be the date the Agreement Ys executed by the City. The Term may be extended upon
mutual agreement of the Parties.
Section 1.4. Survival of Covenants. The covenants in Sections 2, and 4 shall survive
termm" ation. 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 o24 rF6P..-uAM,,2010.1
Owners
Kevin A Wade
Sheila L. Laster
TBE CITY OF DENTON, TEXAS
By: �
City Manager, Deputy City Tanager, or
Designated Representative
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Feb 20 10 12:19e S. Luster 9403833010 P.7
TIDE STATE of TEXAS
COUNTY CAP DENTON
This instrument was acknowledged before me on the day of ,
2010, by Kevin M. wade,
Notary Publie, State of Texas
TBE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of ,
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This M- nt was ac owled d before m the day of ,20 by
City Manager ePuty Ci Manager/Designated
R.epresenta e, on behalf of the City of Denton., Texa
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�Y JENNIFERWALTERS
Notary Public, State of Texas
My COnmi9sion Expires
APPROVED AS TO LEGAL FORM10
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Al TA BURGESS, CITY ATTORNEY
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No y PAlic9tate of Texas
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THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of nj Z��j2010, by Kevin M. Wade.
Notary Public Stets of Tome
F . * MY 00fAMiSSION EXPIRE*
2.0" "--- Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument Was acknowledged before me on the day of ,
2010, by Sheila L. Luster.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This inst ent was • cknowl ged before me day of ,20�O by
0} City Manager eputy City Manager/Designated
Representati , on behalf of the City of Denton, Texa .
JENNIFER K. WALTERS
W Notary Public, State of Texas
N•, ,.��, My Commission Expires
t
December 19, 2010
APPROVED AS TO LEO-AL FORM:
ANITA BURGCES-S, CITY ATTO Y
BY:
•r. ` r ►�S ate of Texas
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