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Home My WebLink About2010-071sour do cumentslordinances\IOldh-I I accepting non annexation agreements. doc ORDINANCE NO. 2010-071 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 DI I-11 of APPROXIMATELY 388 ACRES LOCATED SOUTHEAST of THE INTERSECTION OF MAYHILL ROAD AND MCKINNEY STREET, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C- 1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan, and the City desires to pursue annexation of DH-11, as hereinafter described; and WHEREAS, Section 43.035, Subchapter B, Local Government Code requires the City to male offers of non -annexation development agreements to the owners of all properties which have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or 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 A nadequate 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, ORE, 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 documentAordinanceA M-1 I 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 DHW 11, is described in Exhibit "A", attached hereto and incorporated herein, and depicted in Exhibit "B," attached hereto and incorporated herein (except that if there is conflict between the Exhibits, "A" shall control). SECTION 3. Certain non -annexation agreements relating to eligible properties within that parcel identified as DH-11, 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-__" a SECTION 4. The City Manager is authorized and directed to sign the non -annexation agreements contained within Exhibits "C-1" through "C� for and on behalf of the City of s Denton as a ministerial act, but with an effective date of this Council's action on same. The City Manager shall further arrange forthwith for the recordation of non -annexation agreements in the real property records of Denton County, Texas. SECTION 5. In the event the City Council does not annex that parcel identified as DH- 11, the City Manager is authorized to rescind the City's action accepting said non -annexation 40 agreements within six months of the effective date of this ordinance should any property owners subject to the agreements so desire. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION . . . .. .. .........7. This Ordinance shall take effect immediately on its passage. AND IT IS SO ORDERED. Passed by the City Council reading this 2nd day of March; 010. MARK A. BURRO H&; MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPRO ED AS rO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY. Page 2 F I f.'" I 1T "All Annexation Tract DH1I ALL those certain lots, tracts or parcels of land lying and- being situated ire the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the it Denton city linut boundaries of record and established by the. annexation ordinances as follows: Ordinance 1965 -43 (Tract 1), Ordinance 1973-8 , Ordinance 19R 1-94, Ordinance 1953-18, Ordinance 1983 -19, Ordinance 1983 -13 4, Ordinance 1986.13, and Ordinance 1986- 1 29; and being more specifically described as follows: DH-11 BEGRiNING at appoint at the intersection of the properties described by Ordinance 6 5 43, Tract I and. Ordinance83' 134, said point being the southwest corner of the property described in Ordinance 83-134; 'FENCE southwesterly along the south line of the property described m" ord Lance 83-- 134 to a point intersecting the west line of the property described in -Ordinance 86-13; THENCE South 11 11' 58" East, 78.75 feet to a point for a corneas, THENCE South. 011 14" 47" East, 321.99 feet to a point for -a corner; TBENCE South 1 a 00' 54" Nest, 692.37 feet to a point for a corner', THENCE South 8 8 ° 07' 49" East, 158.15 feet to a point for a corner; TBENCE South 10 o o' 4 6" East, 798.58 feet to a po41 int for a corner; T14ENCE -South. 89130' 13" East, 812.67 feet to a point for a corner; THENCE North 1 ° 001 4 6" west, 79 8.5 8 to a point for a corner; THENCE North. o° 10' 40" East to a paint for a corner, said corner being on the south line of the property described in ordinance 83-134; THENCE southeasterly along the south tine of. the property described in Ordinance 83- 134 to a point, said pot being* the southeast corner of the said property and intersecting with the property described in Ordinance 86-1294 TIENCE southeasterly along the south line of the property described in Ordinance 86- 1.29, approximately 1790.55 feet to a point for a corner; TBENCE southerly along the west line of the property described in Ordinance 86-129 to an intersection with the property described In ordinance 8 3 -18; THENCE westerly along the center lie of Pecan. Creek, approximately 5 3 5.62 feet, as described Yn Ordinance 83-18, to a point ire the center of Pecan Creek, said point being the southeast corner of the property described in Ordinance 81-094; THENCE along the center le of Pecan Creep, approximately 2317 feet, as described in Ordinance, 81 -094 to a paint for a corner, said point being the southernmost paint of the property described In Ordinance 83-19, THENCE along the center line of Pecan Creek, approxfinately 3454.72 *feet, as described in Ordinance 83-19.to a point for a corner; THENCE South 650 45' 12" East, 96.30 feet, to a. point of intersection with the property described in Ordinance 81-94; THENCE North 65" 451 12" West, 289.86 feet to a point for a corner; ONCE along the center line of Pecan Creek, approximately 2232.3 3 feet as described m ordinance 81-94 to a paint for a corner; THENCE North S 8 ° 12' West, 31. S o feet to a point for a corner; THENCE South 3 ° 51' 3.2" West,16o feet to appoint for a carrier; THENCE 'North 861 43" 2 8" Vest, 1450 feet to a. point for a corner, said point being on the east right-of-way of Mayhill Road.; THENCE northerly � along the east right -of -moray line of Mayhill Road as described in Ordfance 73-08 to a point, sold point being the southeast corner of the property described in ordinance 65-431, Tract I; THENCE northerly along the east side of Mayhill Road as described -in Ordinance 65-43, Tract 1 to the Point of Be girining. City of Denton, Texas DH 11 - 387 Acres rFREESE MINICHOLS N WIPE S Feet 0 400 800 1 00 21400 After recording return to Jennifer Walters s Aour documents\1niscellaneousl1 0lannexations\robert callahan non --annexation agreement,doc City Secretary 215 E. McKinney Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON -ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and Robert W . Callahan ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being a called 3.76 acre tract of land, situated in the M. Forrest Survey, Abstract No. 417, and a called 45.364 acre tract of land, situated in the Gideon Waller Survey, Abstract No. 1330, Denton County, Texas, and being that portion lying outside the city limits, of a 57.894 acre tract of land, more or less, described in that certain Correction Warranty Deed dated April 18, 2000 from Ann C. Starr and James E. Callahan to Robert W. Callahan, filed for record on August 18, 2000 and recorded in Volume 4578, Page 1142 of the Real Property Records of Denton County, Texas. Said 3.76 acre tract of land, more or less, and 45.364 acre tract of land, more or less, are commonly Imown as DCAD Property ID 161505 and DCAD Property ID 38416, respectively. WHEREAS, the City has given notice of Its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETY) for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between then is binding upon the City and the Owners and their respective successors and assigns for the tern- 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 Properl-y 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 43,035; and WPIEREA.S, this Agreement is to be recorded in the Real Property Records of Dentor. County, Texas; :EX.H1B1T Fn m s Aour documents\miscellaneous1141annexatioiis\i•obea•t callahan non -annexation agreement.doc Now, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm -related and ranch -related uses and, customary accessory uses, and single-family detachod 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. 1995 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments,- b. International Residential Code, 2006 Edition with Appendix G and local amendments; 2 sAour d0cumeiItsVniscellaneous1101annexations\rohert Callahan non -annexation agreement.doc C. The International Fire Code, 2006 Edition with local amendments; d. hiternational Plumbing Code, 2006 Edition with local amendments, e. International Fuel Gas Code, good 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. h-iternational Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and § § 17-141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and In. Moving Buildings, Denton Code §§28-326 ---- 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and Wastewater Criteria Manual, as amended, and as, supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environunental Quality, as amended. Section 4. Develo meat Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for 3 s:lour documents\1niscellaneousl Dlannexationsl1•obert calla-han non -annexation agreement.doc a period of 180 calendar days thereafter, or until the effective date of the annexation and p e manelt 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 voluntar 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 Plain provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter CW 1, or other such other provisions governing voluntary annexation of land as may then exist. owners expressly and irrevocably consent to annexation of the Property under such circumstances. owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section d. 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. S eyerability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. I ., sAour documentsltiiiscellaneous\10\atitiexatioiislt•obei•t callahan non -annexation agreement.doe 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 "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 Z, 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. Ow rs Robert W. Callahan THE CITY OF DENT ON, TEXAS By; City Manager, Deputy Citylv7anager, or Designated Representative W46A r,j 4 THE STATE OF TE-X72tS } P I C--R C. E- COUNTY OF F } This instrument was acknowledged before me on the day of ^109 It Is 20 105 by Robert W. CaPIG TAR''? a otary Public, 4dte of Tt�. PUB WA6 t-J4 00 '�►,,�:��' 5 s;lour docuiiientslmiscellaneous\10\anilexatioiis\j•obert callahan non --annexation agreement.doc THE STATE OF TEXAS } COUNTY OF DENTON } This ins il�nt was a jowled ed before ine� the � � day of �,�1> ,2 �') by z � � Q City Manager eputy City Manager/Designated Rept esentatke, on behalf of the City of Denton, Text: Notary Public, State of Texas My Commigaion Expires ��►,, .� � DeCoMber 19, 2010 APPROVED AS TO LEGAL FORM: ANITA BUR�ESS� FTY T+0 Y l C- Notffy PuUI tate of Texas 6