HomeMy WebLinkAbout2010-072sAour documentslordinancesllDlpaal accepting non annexation agreements.doc
ORDINANCE NO. 2010-072
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 PAA 1 OF APPROXIMATELY 1,171 ACRES LOCATED ON THE SOUTH SIDE OF JIM
CHRISTAL ROAD, THE NORTH SIDE OF TOM COLE ROAD, WEST OF MASCH
BRANCH ROAD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A"
ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section 43.061, Subchapter C- 1, Local Government Code, a
home rule city is authorized to annex certain areas that are not required to be in an annexation
plan, and the City desires to pursue annexation of PAA1, 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
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
City'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 documentslordinancesllOIpaal accepting non annexation agreements.doe
SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits
of the City of Denton, Texas, lmmwn as PAA 1, 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 PAA 1, as described and depicted in Exhibits A and B, which have been
properly executed by the owners of those properties and which have legally sufficient property
descriptions, are hereby approved by the City of Denton and are attached hereto and incorporated
herein by reference as Exhibits "C- 1" through "C- ".
SECTION 4. The City Manager is authorized and directed to sign the non -annexation
agreements contained within Exhibits "Cw 1" through "C- ) " for and on behalf of the City of
Denton as a ministerial act, but with an effective date of this Council's action on same. The City
Manager shall further arrange forthwith for the recordation of these attached 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
PAA 1, 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 b the City Council reading this 2nd
y day of Marc 2010.
MAR 4C A. BU GHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRC ED AS To LEGAL FORM:
ANITA. BURGESS, CITY ATTORNEY
BY:
Page 2
EXH BITA
Annexation Tract PAA1 (Page 1 of 2)
BEOR4NING at point at.the northwest corner of tract described in Ordinance 2006-205,
and further described in said Ordinance as a 112 inch pin in the Center of Tom Cole Load
(east. -west road) and C. Wolfe Road from the south;
THENCE South 880 55' 44" East, along the present Denton city limit line as established
by Ordinance 2006-205 and being the northerly line of the tract described in Ordinance
2006-205, a distance of 4,685.36 feet. generally with center of said Torn Cole Road to an
44XP9 cut in a concrete bridge;
THENCE continuingalongthe northerly line of the property described in Ordinance.
described � ' 89� 43' 13" East,�. distance
2006-205, and,further described in said Ordinance as North
of 2,59129 feet, generally Frith the center of said Tom Cole Road, to a point described in
Ordinance 2006-205 as a 3/4 inch iron pin set at the northeast corner of the property
described in Ordinance 2006-205, said point also being described in Ordinance 69-40
(Tract I) as the southeast corner of the David Davis Survey, Abstract 356;
along the easterly line of the said David Davis Survey, said line also
THENCE northerly g y
being tho westerly line of the Wm. Wilburn Survey, Abstract 141.9, along the present
Denton city limit line as established by Ordinance 1969-40 (Tract 1) a distance as
described in Ordinance 69-40 -as 2,642 feet to a paint being the northeast corner of the
said David Davis Survey;
T14ENCE westerly, along the present Denton city limit line as established by Ordinance
1969-40 1) along the northerly line of the said David Davis Survey and described
(Tract . 'bed in
in Ordinance 69-40 as a distance of 341 feet to a point for corner, said point descr' b
Ordinance 69-40 (Tract 1) as the southwest corner of the said win. Wilburn Survey;
THENCE northerly along the present Denton city limit line as established by Ordinance
1969-40 Tract 1) and along the westerly line of the said Wm-. Wilburn Survey a distance
of 1,853 feet to a point described to Ordinance 69-40 as the southeast corner of the M.14.
Davis Survey, Abstract Number 377, and also described as the northeast corner of a tract
of land conveyed to Malcolm M. Long by deed recorded in Volume 389, Page 389 of the
Deed Records of Denton County, Texas, said paint also being the southeast corner of an
City of Denton annexation tract established and described by Ordinance 1983-90;
THENCE South 89128' 15" West, along the present Denton city limit line as established
by Ordinance 1983-90 a distance of2,359.92 feet (as described in Ordinance 83-90) to a
point for a corner;
"HENCE North 00' 05 3 54" West, along the present Denton city limit line as established
by Ordinance 1983 -90, a distance of 600.48 feet (as described in Ordinance 83-90) to a
point for a corner;
Annexation Tract PAAI (Page 2 of 2)
THENCE west, along the present Denton city limit Ime as established by Ordinance
1983-90, a distance of 675.60 feet (as described in ordinance 83-90) to a point for a
corner lying in the middle of Hickory Creek; .
THENCE North, along the present Denton city limit line as established by ordinance
1983-90, and along the middle of Hickory Creek with its meanders to the center of Jinn
Christal Road (as described in ordinance 83-90) to a paint for a corner, said point also
lying on the south line of a City of Denton annexation tract established and described by
Ordinance 1986-48;
TIMNCE North 89" 55' 00" west with said Jim Christal Road, along the pre§ent Denton
city limit line as established by Ordinance 1886-48, also being the southerly line of the
E.A. -Orr Survey, Abstract Number. 983, a distance of 3,43 5 feet to a point for a corner,
said point being the southwest corner of said ordinance 1986-48 annexation tract;
THENCE South a distance of 30 feet to a point in the south right-of-way line of Jinn.
Christal Road;
THENCE west, along the south right-of-way line of Jim Christal Road a distance of 475
feet to a point for corner, said point being the intersection of the south right -of -gray of
Jim Christal Road and the east right-of-way line of C. Wolfe Road,
THENCE in a southerly direction, along courses and distances of the easterly implied
right-of-way line of C. Wolfe Road, a total distance of 7,875 to a point for corner, said
point being the intersection of the east right-of-way line of C. Wolfe Road and the north
right-of-way line of Torn Cole Road;
THENCE East, along the north right-of-way line of Tom Cole Road a distance of 500
feet to a point for corner;
THENCE South, crossing Torn Cole Road midway, a distance of 25 feet to the POINT
4F BEGINNING and containing I,152 acres of land.
City of Denton, Texas
PAAl -1,158 Acres
rM�NICHOLS
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Feet
0 Soo 11060 ,goo U00
After recording return to:
Jennifer Walters
sAour documentslmiscellaneousl10lannexationsllarry & ladonna pockrus non -annexation agreemer 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 Larry & Ladonna Pockrus
("Owners"), the property owners of the hereinafter described property (the "Property") in
Denton County, Texas, sometimes individually or collectively referred to as "Party" or
"Parties
Being 5.227 acres of land, more or less, situated in the A. Miller Survey,
Abstract No. 887, Denton County, Texas, and being more fully described in that
certain warranty Deed with Vendor's Lien dated August 10, 1994 from Eagle
`arms Inc. and John Porter Auto Sales, Inc. to Larry Pockrus and wife, Ladonna
Pockrus, filed for record on September 9, 1994 and recorded in Instrument
Dumber 94-R0069728 of the Real Property Records of Denton County, Texas.
Said 5.227 acres of land, more or less' is commonly known as DCAD Property
ID 174343.
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 terra of this Agreement;
WHEREAS, Owners and the City acknowledge that this Agreement between
them is binding upon the City and the Owners and their respective successors and assigns
for the term of the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, OWNERS represent that it is their intention not to develop the
Property during the term of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner
and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section
212.172 for purposes of retaining land in the municipality's ETJ in exchange for the
property owner's covenant not to develop the property and to authorize the municipality
to apply development regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized
under Tex. Loc. Gov't Code section 43.035; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of
Denton County, Texas;
r
EXHIBIT
a
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sAour documents\miscellaneous\I4\annexations\larry &. ladonna pocknis non -annexation agreement1doc
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the term
of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed
upon by the Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The owners covenant and agree that use of the
Property for the term of this Agreement and any extensions agreed to by the Parties shall
be limited to farm -related and ranch --related uses and customary accessory uses, and
single-family detached farm or ranch dwellings, provided that no single-family dwelling
may be located or constructed on a lot smaller than five (5) acres. The property owner
may apply to the City for division of the land subject to this Agreement into parcels, each
of which is at least five (5) acres in size, for the purposes set forth in this section without
being in violation of this Agreement. Such uses and activities constitute the development
plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governing Regulations. The following City regulations shall apply to
any development of the Property, as may be amended from time to time, provided that
the application of such regulations does not result in interference with the use of the land
for agricultural, wildlife management or forestry purposes and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which
remains lawful at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code
("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as
amended, including but not limited to the (RD-5) zoning District
regulations, and standards incorporated therein
(2) The subdivision and development regulations contained within the
Denton Development Code, as amended, together with applicable
Design Criteria Manuals (including construction, drainage, site design,
solid waste, transportation, tree protection standards, and
water/wastewater), Denton Mobility Plan and other approved Master
Plans of the City of Denton, Texas, and the North Central Texas
Council of Governments Standard Specifications for Public works
Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual);
(3) Denton building codes, as contained within Denton Code Chapters 17,
28 and 29, and DDC Subchapter 24, adopting:
a. International Building Code, 2006 Edition with local
amendments;
b. International Residential Code, 2006 Edition with
Appendix G and local amendments;
2
sAour documentslmiscellaneousl10Iannexationsllarry & ladonna pockrus non -annexation agreement1doc
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 -- 437 and §§17-141 -- 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 -- 457; and
M. Moving Buildings, Denton Code §§28-326 --- 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
(5) Applicable water and wastewater connections 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
3
sAour documents\miscell aneous\I0\annexations\tarry & ladonna pockrus non -annexation agreement1doc
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• 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 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.
sAour documents\rniscell aneousll0lannexationsMarry & Iadonna pockrus non -annexation agreement3. do c
Section S. Severability. Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Ip
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
4.
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 C
z
s:\our documents\miscelIaneous\I O\annexations\tarry & ladonna pockrus non -annexation agreement3.doc
THE CITY OF DENTON, TEXAS
By: Z4,
City Manag r, Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON I
This instrument was acknowledged before me on the day of
� y a
2010, by Larry Pockrus.
a Mr:
0"1118TIM A,, OM
Notary publif2.
te of T�
�_44 0t3
Y
THE STATE OF TEXAS
COUNTY OF DENTON
I(A
y R � i
Notary Public, State of Texas
This instrument was acknowledged before me on the day of ,
2010, by Ladonna Pockrus.
z A.
X"
Notary Public Stat'9 01 TeX"
• MY cOfAMISSION EXPf S
#Aarch 2, 2013
sin
TEE STATE OF TEXAS
r � is
Notary Public, State of Texas
COUNTY OF DENTON }
.��
T is instrument was acknow ed. before e on th day.--f
,20 by _Ci
tan!age/Dcputy City Manager/Designated epresentative, on behalf of the City of Denton,
ENN(FE.R...K, YYAi.5
ter' •,`' Notary Public, state of Texas N a Public Late of Texas
M Commission Expires
y P
lOF '`�~■ December 19, 2010
on
sAour documents\miscellaneous\I O\annexationsllarry & Iadonna pockrus non -annexation agreementldoc
APPROVED AS TO LEGAL FORM;
ANITA BURGESS, CI�'YATTORNEY
After recording return to:
Jennifer Walters
sAour documentslmiscellaneous\1Qlannexationsllarry & ladonna pockrus non -annexation ag eement.do 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 Larry & Ladonna Pockrus
"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 12.456 acres of land, more or less, situated in the A. Miller Survey,
Abstract No. 887, Denton County, Texas, and being more fully described as
Tract I in that certain Warranty Deed with Vendor's Lien dated January 2, 1998
from John Porter Farms, Inc. to Larry Pockrus and Ladonna Pockrus, filed for
record on January 7, 1998 and recorded in Volume 4004, Page 942 of the Real
Property Records of Denton County, Texas. Said 12.456 acres of land, more or
less, is commonly known as DCAD Property ID 179483.
WHEREAS, the City has given notice of its intent to institute annexation
proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and
WHEREAS, owners desire that the Property remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this Agreement;
WHEREAS, owners and the City acknowledge that this Agreement between
them is binding upon the City and the owners and their respective successors and assigns
for the term of the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, OWNERS represent that it is their intention not to develop the
Property during the terra 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
G
m
sAour documents\miscellaneous\10lmmexations\lany & ladonna pockrus 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
10 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
waterlwastewater), 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, 3 rd Ed. 1998 (NCTCOG Manual);
(3) Denton building codes, as contained within Denton Code Chapters 17,
28 and 29, and DDC Subchapter 24, adopting;
a. International Building Code, 2006 Edition with local
amendments;
b. International Residential Code, 2006 Edition with
Appendix G and local amendments;
2
s:\our documents\miscellaneous\10\annexations\larry & Iadonna pockrus non -annexation agreement. do c
C. The International Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gras Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
it
1. National Electric Code, 2005 Edition with local
amendments.
j . National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
§§28-383 -- 437 and §§17-141 — 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 — 457; and
M. Moving Buildings, Denton Code §§28-326 — 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
(5) Applicable water and wastewater connection, construction and on -site
operation requirements, contained within Chapter 26 of the Denton
Code of ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton Water and wastewater Criteria Manual,
as amended, and as supplemented by the Texas water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 30 of the Denton Code, as amended, and
subchapters 17 through 19 of the DDC, as amended, the Denton
Drainage Criteria Manual, as amended, and as supplemented by
requirements of the Texas water Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards of
the Texas Commission on Environmental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
(7) Gas Well platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22 of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
sAour documentslmiscelIaneousl l ftrinexationAlarry & Iadonna pockrus non -annexation agreement. do c
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 far 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
4.
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 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.-1 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.
sAour documents\miscellaneous\10\annexations\larry & ladonna pockrus non -annexation agreement.doc
Section 8. Severabilit Invalidation of any provision of this Agreement by
41
judgment or court order shall not invalidate any of the remaining provisions Which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the lave regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
instrument.
Section 13. Term and Extension. The initial term of this Agreement shall be for a
period of -five (5) years from the Effective Date (the "Term"). The Effective Date of the
Agreement shall be the date the Agreement is executed by the City. The Terra 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 sectic��
The Parties hereto have executed this ag
'61
sAour documentslmiscellaneous\10\annexationsllarry & ladonna pockrus non -annexation agreement.doe
THE CITY OF DENTON, TEXAS
B s P�
y.
City Manager, Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of
A'
,
M
Notary Public, State of I exas
THE STATE OF TEXAS
COUNTY OF DENTON
THE STATE OF TEXAS
COUNTY OF DENTON
T s instrument was ackno e ed before on the dad, -
,2Q / by - f City
Manager/De ty City Manager/Designated resentative, on behalf of the City of Denton,
R
hiasam�a-�.y
tit EIrell JENNIFER K. WALTERS
xv rlp,
~��■'' {{ice
n Notary Public, State of Texas
Mo ary Pub ,State off(��xas
y Commission Expires
Decofter 19, 2010
on
sAour documentslmiscellaneousll Olannexationsllany & ladonna pockrus non -annexation agreement.doc
APPROVED AS TO LEGAL FORM:
After recording return to:
Jennifer Walters
sAour documentslmiscellaneousU olannexationsllarry & ladonna pockrus non -annexation agreementIt 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 Larry & Ladonna Pockrus
("owners"), the property owners of the hereinafter described property (the "Property") in
Denton County, Texas, sometimes individually or collectively referred to as "Party" or
"Parties":
Being 7.268 acres of land, more or less, situated in the A. Miller Survey,
Abstract No. 887, Denton County, Texas, and being more fully described in that
certain Warranty Deed with Vendor's Lien dated August 10, 1994 from Eagle
Farms Inc. and John Porter Auto Sales, Inc. to Larry Pockrus and wife, Ladonna
Pockrus, filed for record on September 8, 1994 and recorded in Instrument
Number 94-R0069727 of the Real Property Records of Denton County, Texas.
Said 7.268 acres of land, more or less, is commonly known as DEAD Property
ID 174342.
WHEREAS, the City has given notice of its intent to institute annexation
proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43, and
WHEREAS, owners desire that the Property remain in the City's extraterritorial
jurisdiction ("ETF) for the term of this Agreement;
WHEREAS, owners and the City acknowledge that this Agreement between
them is binding upon the City and the owners and their respective successors and assigns
for the term of the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, OWNERS represent that it is their intention not to develop the
Property during the term of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner
and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section
212.172 for purposes of retaining land in the municipality's ETJ in exchange for the
property owner's covenant not to develop the property and to authorize the municipality
to apply development regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized
under Tex. Loc. Gov't Code section 43.03 5; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of
Denton County, Texas;
a
EXHIBIT
sAour documents\miscellaneous\10\annex ationsMarry & Iadonna pockrus non -annexation agreement2.doc
Now, THEREFORE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the term
of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed
upon by the Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the
Property for the term of this Agreement and any extensions agreed to by the Parties shall
be limited to farm -related and ranch -related uses and customary accessory uses, and
single-family detached farm or ranch dwellings, provided that no single-family dwelling
may be located or constructed on a lot smaller than five (5) acres. The property owner
may apply to the City for division of the land subject to this Agreement into parcels, each
of which is at least five (5) acres in size, for the purposes set forth in this section without
being in violation of this Agreement. Such uses and activities constitute the development
plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governing Regulations. The following City regulations shall apply to
any development of the Property, as may be amended from time to time, provided that
the application of such regulations does not result in interference with the use of the land
for agricultural, wildlife management or forestry purposes and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which
remains lawful at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code
("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as
amended, including but not limited to the (RD-5) Zoning District
regulations, and standards Incorporated therein
(2) The subdivision and development regulations contained within the
Denton Development Code, as amended, together with applicable
Design Criteria Manuals (including construction, drainage, site design,
solid waste, transportation, tree protection standards, and
water/wastewater), Denton Mobility Plan and other approved Master
Plans of the City of Denton, Texas, and the North Central Texas
Council of Governments Standard Specifications for Public 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;
s:\our documents\miscellaneous\IO\annexationsllarry & ladonna pockrus non -annexation agreement2,doc
C. The International Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local
amendments;
L International Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments.
j . National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
§§28-383 — 437 and §§17-141 — 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 — 457; and
M. Moving Buildings, Denton Code §§28-326 — 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
(5) Applicable water and wastewater connection, construction and on -site
operation requirements, contained within Chapter 26 of the Denton
Code of Ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton water and wastewater Criteria Manual,
as amended, and as supplemented by the Texas water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended,
(6) Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 30 of the Denton Code, as amended, and
subchapters 17 through 19 of the DDC, as amended, the Denton
Drainage Criteria Manual, as amended, and as supplemented by
requirements of the Texas water Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards of
the Texas Commission on Environmental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
(7) Gas well platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22 of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
3
sAour documents\miscell aneous\IO\annexations\larry & ladonna pockrus non -annexation agreement1doc
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; 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 CR 1, or other such other provisions governing voluntary
annexation of land as may then exist. owners expressly and irrevocably consent to
annexation of the Property under such circumstances. owners further agree that such
annexation by the City shall be deemed voluntary, and not subject to the requirements
and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section
43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the
Property shall, prior to such sale or conveyance, give 30 days written notice of this
Agreement to the prospective purchaser or grantee. A copy of the notice shall be
forwarded to the City at the following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, Tx 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas.
r.�
sAour documents\miscellaneous\10\annexationsllarry & iadonna pockrus non -annexation agreement1doc
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.
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 Conies. 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 .
Owners
A 19
terry o l�ry�
'0"�Xz 44
,Ilxfadnna Pocicrus
5
s:\our documentslmisceIIaneousll ftnnexat i ons\1 arry & Iadonna pockrus non -annexation agreement2.doc
R
THE CITY OF DENTON, TEXAS
By:
City Mana er, Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON I N
This instrument was acknowledged before me on the day of
2010, by Larry Pockrus.
ty-
/'01 * 1-71
F0�
Notar'.• _� Tis
My G►;fito �APiRI March 2. 3
4•.
i
THE STATE OF TEXAS
COUNTY OF DENTON
r
Notary Public, State of Texas
This instrument was acknowledged before me on the day of ,
20105 by Ladonna Pockrus.
C,141118TM A. DIM
Notary public state of
T0
w.
. { �y cof+MISSION EXPIII98
201
of
.s,
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This lnstr meet was ackn dged befor 7ne on the day, -of
,20 by ' City
0sanager - e
eputy- City Manager/Designated presentativeon behalf of the City of Dento
VIvIII
A '•a, JENNIFER K. WALTERS �.
v` vw
Notary Public, State of Texas N , t y Public, Late of Texas
��.. My Commission Expires
°,1 ►1December 19, 2010
sAour documentslmiscellaneousll Dlannexationsllarry & Iadonna pockrus non -annexation agreement2.doc
APPROVED AS TO LEGAL FORM:
After recording return to
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
CATER 212 TIC xAS LOCAL GOVERNMENT CODE
NON,-ANNE AXION 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
John D & Tamera Werner Owners"), the property owners of the hereinafter described
property (the `Property") in Denton County, Texas, sometimes individually or
collectively referred to as "Pasty" or "Parties
.' John D & Tamera Werner . That property described in a deed to which xs recorded at
Vol. .... � -- page of the Deed Records of Denton County, Texas, and
� � • d �� l 4 4 DE
commonly, .own as Tax Parcel No. 7 3 ❑ N which 'is attached
hereto as Exhibit A, consisting of approximately,,ores of land.
` HE"AS, the City -has'-given notice of its 'intent to institute annexation
proceedings for the Property in accordance with Tex, Loc. Gov't Code ch. 434 and
WHEREAS, Owners desire that the Property remain in the Cit 's extraterritorial
jurisdiction ("ETY') for the tern of this Agreement;
Y
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 land for agrioui ml or wildlifo
management use, or timber land pursuant to Tex. Tax Codo chapter 23.C, D, or E; and
WHEREAS, oVINERS represent that it is their intention not to develop the
Property during the temi of this Agreement; and
WHEREAS, Tex, Loe, Gov't Code section 43.035 authorizes a properly owner
and a mum" cipa lity to enter into ari agreement pursuant to Text Loc, Gov't Code section
�12.172 for . proses 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 nauni.cipality
to apply development regulations not inconsistent with a cultural use; and
WHEREAS,, the parties are desirous of entering into an agreemont authorized
under Tex. Loc.Gov't Code section 43.03 5; and
HEREAS, this Agreement is to be recorded in the Real Property Records of
Denton County, Texas;
NOW, THEREFORE 41
in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows
0
IM
EXH l BIT..
m
m
sp
Section 1. Continuation of RTJ_ Status, The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the tern
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, Develo ment 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. Govezr�.�igg_I . g ation�s. The following City regulations shall apply to
any development of the Property, as may be amended from time to time, providedt that
the- application of such regulations does not result. 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 CC)&
C'DDC"), as amended pursuant to The Denton Plan, 199 -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 Flan and other approved faster
Plans of the City of Denton, Texas, and the Forth Central Texas
Council of ovum. ents. Standatd. Specif.oations 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;
d. Internafional Plumbing Code, good Edition with local
amendments;
2
e. International Fuel Gas * Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments.
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
§§28-383 — 437 and §§17-141 -- 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 --- 4 5 7; and
M. Moving Buildings, Denton Code §§28-326 — 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
(5) Applicable water and Wastewater connection, construction and on -site
operation requirements, contained within Chapter 26 of the Denton
Code of Ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton water and wastewater Criteria Manual,
as amended, and as supplemented by the Texas Water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 30 of the Denton Code, as amended,, and
subchapters 17 through 19 of the DDC, as amended, the Denton
Drainage Criteria Manual, as amended, and as supplemented by
requirements of the Texas Water Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards of
the Texas Commission on Environmental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
(7) Gas Well platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22, of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
3
Section 4. D evelo oment 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. A eernent Deemed Void in Part; Vol unta 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. SeyerabilInvalidation of any provision of this Agreement by
judgment an
'ud ent or court order shall not invalidate of the remaining provisions which shall
y
remain in full force and effect.
M
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 40
Section l 1' 1Venue. 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
� p
instrument.
Section 13. Term and Extension. The initial term of this Agreement shall be for a
period of five(5)ears from. the Effective Date(the "Term" . The Effective Date of the
p y �
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
THE STATE OF TEXAS
COUNTY OF DENTON
Z
THE CITY OF DENTON, TEXAS
.
City Manager, Deputy City Manager, orM
Designated Representative
This instrument was acknowledged before me on the day of
2oZZ12, by -
THE STATE OF TEXAS
COUNTY OF DENTON
r
r
f f
/r v
ota Public, State of Texas
LADONNA R. POCKRUS
My COMMISSION EXPIRES -
May 712011
Thjr24f��
ment was acknowledged before me on the day of�
2y 44 xf
, b r
f..
{
'Not Public State 6-f Texas
ti���•,Y;'Y l'ffo
THE STATE OF TEXAS �NNA H. POWUS
' COMMISSION MY
' ECI�IAES
�M
ay 712011
oil
COUNTY of DENTON }
This 'instrument was ackn w dged be me on the day o
,Z by alb
Q71 Y
Manag (Deputy City ManagerlDesignated epresentati e, on behall of the City of Denton,
S.
r
.�•q��, Y �•,i JENNIFER K. WALTERS
Notary Public, State of Texas
►'� 4 My Commission expires o ar y Publ C State of Texas
Exhibit A to Development Agreement
(Legal Description of Property)
Tax Parcel #174340DEN
A0887a Miller, Tr 1 (1), 6e548 Acres
GF#94RO4260 DT1
WARRANTY DEED WITH VENDOR'S LIEN
Date: August 51 1994 0('�,9 7Z 4
Grantor: Eagle Farms, Inc., undivided 77% Interest, Jahn Porter
Auto Sales, Inc., undivided 23% Interest
Grantor's Mailing Address: P. D. Box 876
(including county) Sanger, Denton County, Texas 76266
Grantee: John Werner and wife, Tamara Werner
Grantee's Mailing Address: 5430 Kings Manor Drive
(including county) Lake Dallas, Denton County, Texas 75067
Consideration:
TEN DOLLARS ( $10.00 ) and other good and valuable consideration and
and the further consideration of a note of even date that is in the `
principal, sum of $23, 000. 0D and is executed by grantee, payable to
grantor as therein provided, and secured by the vendor's lien
herein retained, and additionally secured by deed of trust of even
date herewith to Gary H. Kirchoff, Trustee.
Property (including any improvements) :
Being a tract of land in the A* MILLER SURVEY, Abstract No. 857 to
Denton County, Texas and being more particularly described on
Exhibit "All attached hereto and made a part hereof for all.
purposes.
Reservations from and Exceptions to Conveyance and warranty:
This conveyance is made and accepted subject, to all easements,
reservations, conditions, covenants and restrictive covenants as
the same appear of record in the office of the County Clerk of the
county in which the property is situated, to the extent that same
apply to subject property and remain in effect,
Grantor, for the consideration and subject to the reservations
from and exceptions to conveyance and warranty, grants, sells, and
conveys to Grantees the property, together with all and singular the
rights and appurtenances thereto in any wise belonging, to have and
hold it to Grantee, Grantee's heirs, executors, administrators,
successors, or assigns forever. Grantor hereby binds Grantor and
Grantor's heirs, executers, administrators, and successors to
warrant and forever defend all and singular the property to Grantee
and Grantee's heirs, executors, administrators, successors, and
assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof, except as to the reservations
from and exceptions to warranty. This conveyance is subject to the
restrictions being more fully described on the Exhibit "B" attached
hereto and made a part hereof for all purposes. All oil, gas or
other minerals in, on or under, or that may be produced from
subject property, hereby reserved to grantor, his heirs, successors
and assigns.
The vendor's lien against and superior title to the property
are retained until each note described is fully paid according to
its terms, at which time this deed shall become absolute,
When the c
t requires, singular nouns aid p�ronouns include
`i'iiiiilMM'rir.ifil MMU U -
ent ioh;h Wtier", 1:PM516-nt
ACKNOWLEDGMENT
THE STATE OF TEXAS )
COUNTY OF DENTON
161,6-r
THIS INSTRUMENT was acknowledged before me on the day of
August, 1994 by John Porter, President for both Eagle Farms, Inc,
and John Porter Auto Sales, Inc. _.,..�
JANE My
N�ta]t P0110, Stria Ot Tans
0Mm1s1w EXP1f1A
r 00
ACKNOWLEDGMENT
THE STATE OF TEXAS y
COUNTY OF DENTON
TH I S INSTRUMENT was acknowledged before me on the tray of
! 1994 by
Y
Notary Public, State of Texas
After Recording Please Return to:
Cohn Werner and wife, Tamara Werner
5430 Kings Manor Drive
Lake Dallas, Texas 75067
JAI
rp
�r+.f rWtiC;c� 3.:.. .w... .. .. .... 4 ..-y. •,sr,: •+.•�aa'ilwr►:.ri...
��. Y:• +�• l� ', .'?.0 '. "!•I
,E+•
+. .,Ar548 ACRES WERNER
` '
1 ;r.
rXELD INOTES to all that certain tract of land
Hillei
• ,
situated in t1lo A.
Survey, Abstract -Number 867► Denton
being a part of the called 692.97 acre
County, Texan and
tract
deed from Bank One of Texas to John We Porter
described its the
et.al4 4'
V010 nd 3071 page 149 of the Real property
County,f Toxasl the subject tract
recorded in
Records of Denton
being
described as follow =
more particularl '
y
BEOINNI.NC for the Southwest Corner of the tract � being described
herein at a capped iron rod in -
set the south line
txactt and said Survey* from which an iron
of said Porter
rod found for t he
Southwest Corner of said porter tract beers South
Hinutes 31 seconds best a distance of I r. 98
89 Dereal 58
f r
THENCE N6rth a distance of 879,74 feet tO are iron rod found for f,
1'
the Southwest Corner of a called 10,000 acre tract described in
the deed recorded under Clerk's File No, 93-ROO
Property Records x � 1 f 7 � eta �, - (.
THENCE North 88 Degrees 19 Minutt%s 26 Seconds East with fie`
South line thereof, along and near a fence a distance of 260,00
feet to an iron rod found for the southeast Corner of said
acres:
J''
THENCE South 48 Degrees 25 Minutes 47 Seconds East a distance of r �,
461.70 feet to an iron rod found for the Northwest Corner of a •4?r
called 15.060 acre tract described in the deed recorded under
Clerk's File No. 93-,,RO085412;
TH BNC8 south 12 De
grees O8 Minutes 16 Sect t With the
,1#.ne �afd 15 * UO nos East west � •�� :���� •-
acres a distance of 4 4'O, Op feet to a '
found 'fir the Southwest Cornerh �.x'ot� 'rod -• . • . "� .
of �arid 15.04O acres in th6 South
line of said Porter track t
THENCS South 89 Degrees 58 ►, ' T''
Minutes 31
South line, generallyalong a fenceSeconds meat with said
the PI,�A►CE 41' BEGINNING andgenclosar distance of 41i�.O9 feet . tV � • ��' ' '
ing acres of Land.
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9
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton. TX 76201
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
NON-ANNEX&TIDN 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
John D & Tamera Werner ("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".
IN,John D & Tamera Werner
P That property described in a deed to which is recorded at
Vol, - Page of the Deed. Records of Denton County, Texas, and
�9
commonly , mown as Tax Parcel No, 174341DEN which J.s attached
6 9 hereto as Exhibit A, consisting of approximately6oucres of land.
HEPMAS, 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 extraterritor"ai
jurisdiction ("ETY') for the term of this Agreement*
14BR.EAS, 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 pu�rposos a6 land. for �. ou1tural or wxldIffo
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or & and
HER.EAS, 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 n�unicipality to enter into an agreement pursuant to Tex., Loc. Gov"t Code section
212.172 for pug -poses 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 a.uth.otized
under Tex, hoc. Gov't Code section 43.03 5 ; and
WHEREAS, this Agreement is to he recorded in the Real Property Records of
Denton County, Texas;
NOW, THEREFOR. , in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
EXHIBIT
dMV
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,; ind any subsequent renewals as may be agreed
upon by the Parties, subject, however, to the provisions of this Agreement.
Section 2. Develo nent 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 faznn-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 wMeh 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 xn satisfaction of Tex. Loc. Gov't Code section. 212.172(b).
Section 3. Govern � u�Xa ions, The following City regulations shall apply to
any development of the Property, as may be amended from time to tx xa e, 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 Agreoment and which
rer naains lawful at the time the Agreement is executed.
(1) Zoning standards contained In the Denton Developynont Cod&
("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 inc orp orate d ther6in
(2) The subdivision and development regulations contained within the
Denton Development Code, as amended, together with applicable
Design Criteria Mans (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. S to ridatd. Sp eoi f.oations _ for. P ub lio works
Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual);
(3) Denton building codes, as contained with41
in Denton Code Chapters 17,
28 and 29, and DDC Subohaptor 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,
2
e. International Fuel Gas, Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments,
i. National Electric Code, 2005 Edition with local
amendments.
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
§§28-383 — 437 and §§17-141 — 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 — 457; and
M. Moving Buildings, Denton Code §§28-326 — 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
(5) Applicable water and wastewater connection, construction and on --site
operation requirements, contained within Chapter 26 of the Denton
Code of Ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton water and wastewater Criteria Manual,
as amended, and as supplemented by the Texas water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 30 of the Denton Code, as amended,, and
subchapters 17 through 19 of the DDC, as amended, the Denton
Drainage Criteria Manual, as amended, and as supplemented by
requirements of the Texas water Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards of
the Texas Commission on Environmental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
(7) Gas well platting, drilling and production standards, as contained in
§35.16.19 and 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,
V
Section 4. Devely ment Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first occurs. The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for ' the Property during such period if such
application or plan is inconsistent with the Development Plan. The Owners expressly
waive any vested rights that might otherwise arise under local or state law, or by common
law, from the submittal of such inconsistent development application. The owners
further agree that no .use commenced or completed on the Property that is inconsistent
with the development plan shall be considered established or in existence prior to the
expiration of the 180--day period during which the Development Plan is in effect.
Section 5. A eement 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 I 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 subs ect to the requirements
and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section
43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the
Property shall, prior to such sale or conveyance, give 30 days written notice of this
Agreement to the prospective purchaser or grantee. A copy of the notice shall be
forwarded to the City at the following address;
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas.
Section 8. Seyerabili y. 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.
C'
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 Later. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute, one and same
instrument.
Section 13. Term and Extension. The initial term of this Agreement shall be for a
period of five (5) years from the Effective Date (the "Term"). The Effective Date of the
Agreement shall be the date the Agreement is executed by the City. The Term may be
extended upon mutual agreement of the Parties.
Section., 14. Sur�rivat of Covenants. The covenants in Sections 2, and 4 shall
survive termination of this: a A Bement to ether with an other rovisions as may
be
3 g y p y
necessary for the implementation of those sections.
The Parties hereto have executed this agreement as of
THE STATE OF TEXAS, I
COUNTY OF DENTON I
R J
THE CITY OF DENTON, TEXAS
By: ��--
City Manager, Deputy City Manager, or
Designated Representative
rr1%1 ' 6strument as ac wled d before me on the � � � day of��-'/l
20jy), by
l
JENNIFER K. WALTERS
-14 �v- PU��f��r
Notary public, State of Texas
My Commission Expires N t ry Publi , tate of Texas
fell ;; December 19, 2010
irrsa
THE STATE OF TEXAS
COUNTY OF DENTON }
This instrument was acknowledged before me on th day o
201Z), b ----�.
r
C-
No Public State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
�■t�y� lr+,w �w
wr LADMNA R
w
MY COMMISSION EXPIRES
Ma
� Y712011♦
This instrument was acknowledged before me on the _ day of
,zoo, by _.
a ,
�f
f
Noiry Public, State of Texas
LADMNa R. POCKRUS
MY C4MMIS5ioN EXPIRES
Wy 712011
II�1
R
Exbibit A to Development Agreement
(Legal Description of Property)
Tax Parcel # 174341DEN
A0877a Miller, Tr 1 (m) , 6.266 Acres
Mk +
GF#94RO4260 DTI
WARRANTY DEED WITH VENDOR'S LIEN
Late: August 5, 1994 06!1.4e74?5
Grantor: Eagle Farms, Inc., undivided 77% Interest, John Porter
Auto Sales, Inc., undivided 23% Interest
Grantor's Mailing Add -roes: P. G. Box 876
(including county) ganger, Denton County, Texas 76266
Grantee: John Warner and wife, Tamera Warner
Grantees Mailing Address: 6430 Kings Manor Drive
(including county) Lake Dallas, Denton County, Texas 75067
Consideration$
TEN DOLLARS ( $10 , 00 ) and other good and valuable consideration and
and the further consideration of a note of even date that is in the
principal sum of $23, 000.00 and is executed by grantee, payable to
grantor as therein provided, and secured by the vendor's lion
herein retained, and additionally secured by deed of trust of even
date herewith to Gary H. Kirchoff, Trustee.
Property (including any improvements);
Being a tract of land in the A. MILLER SURVEY, Abstract No. 887 to
Denton County, Texas and being more particularly described on
Exhibit "A" attached hereto and made a part hereof for all
purposes$
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is made and accepted subject to all easements,
reservations, conditions, covenants and restrictive covenants as
the same appear of record in the office of the County Clerk of the
county_in which the property is situated, to the extent that same
apply to subject property and remain in effect.
Grantor, for the consideration and subject to the reservations
from and exceptions to conveyance and warranty, grants, sells, and
conveys to Grantee the property, together with all and singular the
rights and appurtenances thereto in any wise belonging, to have and
hold it to Grantee, Grantee's heirs, executors, administrators,
successors, or assigns forever. Grantor hereby binds Grantor and
Grantor's heirs, executors, administrators, and successors to
warrant and forever defend all and singular the property to Grantee
and Grantee's heirs, executors, administrators, successors, and
assigns, against every person whomsoever lawfully claiming or to
claim the same or any wart thereof, except as to the reservations
from and exceptions to warranty. This conveyance is subject to the
restrictions being more fully described on the Exhibit "B" attached
hereto and made a part hereof for all purposes. All oil, gasp or
other minerals in, on or under, or that may be produced from
subject property, hereby reserved to grantor, his heirs, successors
and assigns.
The vendor's lien against and superior title to the property
are retained until each note described is fully paid according to
its terms, at which time this deed shall become absolute.
When the cat t requires, singular nouns pronouns include
the p ral..
Eagle _ Joh F Ujp Au Set, Inc.
ACKNOWLEDGMENT
THE STATE OF TEXAS )
COUNTY of DENTCN
THIS INSTRUMENT was acknowledged before me on the day of
aAuguet, 1994 by John porter, Presiden or bo Eagl rms, Inc. ;
and John Porter Auto Sales, Inc.
No blic, SiJat Texas
00
,ME BAY
is
Nmy polo, $0 01 Texas
My tWop E*116$ 03-S2-19%
oo
After Recording Please Return to:
John Werner and wife, Tamera Werner
5430 Kin s Manor Drive
Lake
Dalyae Texas 75067
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Af/ Imo.
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6.208' ACRES WERNER r
F`1EL� NOTES to all that certain tract of land situated in the A.
Miller Survey, Abstract Number $87, Uonton Countys T6xas and
being a part of the called 692.97 acre tract described In' the
deed from 'Bank ,One of Texas to John W . Porter et . al . record1d in
,Volute 3071 paVe 149 of the Real. Property Records of ❑enton
County, Texaa=r, the subject tract being more patticujarly,
: described as follows:
T
r It
1NNIh O for 'the• Southwest Corner of the -tract 1'ba ng described
•-hePe i n. •'at. on iroh -rodfound for the, Northwest •Ciornor. of-4 is pI lead
cre } tt#bt"dasori4ed:`-in 'the: 'deed, -'to '(;at tf i.le et;ux.'
Rreec0aiorrdd�#tder' Clerks No93DG.5
' 4Y1
� �'-
THENCE North 08 degrees 25 Minutea 47 seconda • Nost 4-distance of !
461,10 feot to an iron read found for the Southwest Corner of a €
railed 10.'000 eclare. tract describ,ed in the deed r000rded under
cleork'a File tto. 94p-.RO0387051
THS"CLA North 00 reel De � '
r,� � 9 � i'f�1.FiAt�� 'sfr �'��'l�C�nd� �sst'. �� th. ,t�� , ,A
.80uth line thereof a di.stanct 'of , ,� 40:_04 ...fse.t to • an' *r4n rod
`mound for the Sautheast Corner of said 10- ODO ace !;3
WHENCE North 04 Dogrees 39 - Mi.nutos 16 Seconds 190 t�4 • di stance • of
352,50 foot` to an. iron rod tdund•�'•for Ohe 8outhw#jt'•,0vrhe3e of 6,
called 10.000 ecru ' tract described in the dead ' tc ci oidad under
• clerk's Fi14! ,,No. 94biR0040313 ;
1 . TH CS 1 South 04 Degrees - 2 1 •• Minutes 32 Seconds-katit= a � distance of � �� �, 140
0
,4 � f"6t to 16n i kon ' rod ,found rfar the trthw6at • Corner a
L641 1 acre tract desickibed in the dead, dotdbd under i
idlerkeu File No& 94-�Ra043,182i +'
THENCE South 8
. deirgzeo■ �9 Minutes 31 S�rbdh�� .-�laat with the
North lithe of ea►id , IS'.000 a 'ro .tract a ' di,stahC� ��Ot�` G1.03 feet"'
t thb i'I.AC0Or. fir4itmiNO And endAosing 6.266 ''afaros of ,land
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ftriotio.na On the land:
No hogs,
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* No junk CarsColmerciaz r GuOSPt within the houg's'.
hu�Is such *a
1206'tter�ad around, r = ' ; 1 1 +�a or unottely , J�.
C NO trailer houges.Houses tG -bib Construc;
ted of brick
Pa��.��. wed � �� �►'� �, or stone veneer ��or'41
q.-ft. of
in �a4 Or modular hate ljvi� �� pm
the
are
attr40UVQ 40 ' that a�, r }
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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-ANNEXXTION 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 " Cit3e) and
John D & Tamera Werner" "
( 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":
John D & Tamera Werner
That property described in a deed to which is recorded at
vol. Page of the Deed Records of Denton County, Texas, and
commonly, known as Tax Parcel No. 3 6 6 94DEN which 's attached
hereto as Exhibit A, consisting of approximately IJ acres of land.
WHEPE 8AS, 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 ("ETT') for the tern of tWs Agreemento
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 Ageeoment;
WHEREAS, the Denton County Appraisal D i strict records show that the Property
currently is appraised for ad valorem tax purposes as land for agnoultural or wildili fo
management use, or thnber land pursuant to Tex. Tax Codo 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 mum'cipality 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 authon.ze the municipality
to apply development regulations not inconsistent with agricultural use; and
WHEREAS, EREAS, the Parties are desirous of enter'ing into an agreement authon'zed
under Tex, Loc. Gov't Code section 43.035 , and
51
WHBREAS, 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,
EXHIBIT
m
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 team
of this Agreement, as hereinafter defined; s 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 sball
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 pareel s, 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 M satisfaction of Tex. Loc. Gov't Code section 212,172(b).
Section 3. Gg��mm e „ lat ons. 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 Dcntou Dcvelopracnt Cock
("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 Govemments S tandatd Sp eciffications for. public Works
Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual),'
(3) Denton building codes, as contained within Denton Codo Chapters 17,
28 and 29, and DDC Subchapter 24, adopting.
a. International Building Code, 2006 Edition with local
amendments;
b. International residential Codes 2006 Edition with
Appendix G and local amendments;
C. The International Fire Code, 2006 Edition. with focal
amendments,,
d. International plumbing Code, 2006 Edition with heal
amendments',
2
C. International Fuel Gas * Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition With local
amendments
g. Code of Ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition With
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments.
j . National Electric Safety Code, 2003 Edition, With regional
amendments;
k. Minimum housing and building standards, Denton Code
§§28-383 --- 437 and §§17-141 -- 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 --- 457; and
M. Moving Buildings, Denton Code §§28-326 -- 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 administrative standards of the
Texas Commission on Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as
contained Within Chapter 30 of the Denton Code, as amended,. and
subchapters 17 through 19 of the DDC, as amended, the Denton
Drainage Criteria. Manual, as amended, and as supplemented by
requirements. of the Texas Water Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards of
the Texas Commission on Environmental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
(7) Gas Well platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22 . of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
ki
-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 cornnion
law, from the submittal of such inconsistent development application. The owners
fin ther agree that no _use commenced or completed on the Property that is inconsistent
with the development plan shall be considered established or in existence prior to the
expiration of the 180-day period during which the Development Plan is in effect.
Section 5. A Bement Deemed Void in Part. Volun Annexation.
(A) If an owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the
Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall
thereupon become null and void. ,
(B) Thereafter the City may initiate annexation of the Property pursuant to
Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary
annexation of land as may then exist. owners expressly and irrevocably consent to
annexation of the Property under such circumstances. owners further agree that such
annexation by the City shall be deemed voluntary, and not subject to the requirements
and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section
43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the
Property shall, prior to such sale or conveyance, give 30 days written notice of this
Agreement to the prospective purchaser or grantee. A copy of the notice shall be
forwarded to. the City at the following address:
City of Denton, Texas .
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by
Judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies., This Agreement may be enforced by either Owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
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 Coles. 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 ..up on mutual agreement of the Parties.
Section 14. Survival o f 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
THE STATE OF TEXAS
COUNTY OF DENTON
LJ
THE CITY OF DENTON, TEXAS
By,
City Manager, Deputy City Manager, or
Designated Representative
This instruament was acknowledged before me on
20� by
y.:? ..f.i..
THE STATE OF TEXAS
COUNTY OF DENTON
th r " �day of ~ - 6& "
. ....... ......
Nota, Public, State of Texas
J
��Atk1s
:•� "Us LADONNA H. F00O3US
. : = My COMMISSION EXPIRES
A
~rr' ►�Q t++��t. May 7, 2011
This instrument was acknowledged before me on the day of��,
2o/ by =
rfr
r
f
�To,faryPublic State of Texas
tfr
LADNNA R. POCKRUS
THE STATE OF TEXAS�� MY COMMISSION EXPIRES
� May 7, 2011
C OUNTY OF DENTON .
A?1�01 I
his inst ent was ac edged bef e me on he dam
20 , by s City
an %-,J eputy City Manager/Designate Representative, on behalf of the City of Denton,
tttttil�� . ENNIFER K. `�,A t t Ry
Yi�lii.l ��' S
I Notary Public, State of Texas
... My Commission Expires
�.'t�tttL►'
R11
N t ubl' State of Texas
Exhibit A to Development Agreement
(Legal Description of Property)
Tax Parcel # 36694DEN
' A'0887a Miller, Tr 1, 1.843 Acres Old Dcad Tr #2
VA
• VOL4 Q 0 Z pG l 353 97-2136R
CMIj
T-i DBEO
00664
DatQ1 JANHARY 21 1998
(;ra►nt
ar s DELDEHT H . WILEY AND RUTH A, WILUY
Gran
fag a jOHN D . 'iWERNER AND TMERA Le WERNER
(;rantee' s Mailing Addresta (including County);
9 o a O WOLF RUN RD ;
FONDER, TEXAS 76259
DENTON cOUNTY
Considerations
and
other gaol and valuable acanOiderat�.an
TEN AND NO j 14D DOLLARS
property ( inc Lud iug any Lmpravementa )
act Of land being a ituated : n the A* MILLERA�. i. that certain tract Survey? Abstract Na, 887, Denton County p Texas and being mare
,�
particularly deoCr�.b
ed in Exhibit t� A attached hereto and made
a part hereof,
ReseL`iationB V
rom and EIaeptians to Can►veyance and Warranty t
pa,sements r rights -of -way,
and pxescrlpt�.ve righta p whether Of
presently recorded inetrumenta # other than 11 ens
record or not' r a1�. pre y t the roperty ; taxes for the current
and conveyances r that a�f f ec p year r the payment of which Grantee aaaujmea .
Grantor # for the
vnsiderationr receipt of which is
acknowledged a and subject ct to the rssertrationa from and excepti.a►ns
rant rants, sells and conveys to Grantee
to conveyance and war yr
the propertyr together
with all and ai.ngular the rights and
appurten4ncss thereto in any wise belangi.ng ► to have and hold it to
Grantee, Grantee'
s heirsr executor, admini.stratarsr successors or
Grantor kinds Grantor and Crantor's heirs?
assigns forevOr,
and successors to warrant and foreverexecutors, administrators property to Grantee and Grantee's
defend all and singular the p
heirs, executors ► a
dministxatora r successors and assigns against
every person whomsoever lawfully claiming or to claim the same or
any part thereof, except as to the reservations from and exceptions
voL4002 pG! 354
to conveyance and warranty,*
. � n�un� and pronouns i�� �.ud�
When the cc�ntext r8qu,�.reS,
tho plural
pEY,BERT x. wsLEY
RUTH A. WILBX
ACROOWLSO"NT
STATF OF "SEX" S
Gpu�y OF UENTON
q 1996 �
This instrument was acRftov .edg86 befOVe Me on
i j,,� RT H . AND RUTH A • WYLBY
by D
Texas
11 ° : H�►!r►''' 4;,x!�l��•�c�-avtar Pub �. G , State 0
1111/ t�'
L
111
ll e
"T '"fit RECOjtDI'NG RETURN TO
J()HN D • WEP'Nu,
9 0 S S 'WOLF RUN RD
' PONDER j TEXAS 76259
f=
f
rl"
.......... ....... ----..- ........................ ....... .f...................
VOL4002Pol355
EXHIBIT
and si#uatad to the A. Millar Sw GY} Abstre�t NumbOr
All that tmialn V" Of I � oll� � � of the called 692,971's tit
887, owton county; Tug
scribed to ft D Ow qw* One of Tekxa1 to ,to�u� Ili. Parlor et,al.. tan
� Records ai den
r WMW to Vokm 3071 POP 149 of"Roo pfWAY se deed as
county, T"w � � '' Wjc y
f altowat
NNING � the 5outhust COrTW of the tit tetrg des�bad hmin'at a
BECI G of e called 10.00G trod
aWped � � NW4 W thy! �t� t Cc" & # '� � ' clwWs F1W
da�b8d to t� � Ens P�t�s► h tf� Nei 14na at a pnopO�d �
Nt��` �#.Ro44�313 �r�i �Y .
foot trgrea-EWSss • '
E � 84 0"ma 32 Minutes 18 $r WWI W*st with the Nth ttrw
THENCE �� rod faurd for
tt�
"Id a dlzta�ca at �� i�t to �► u� bed In t� did to Nit
806
!orn+�r of a called 10,004 Maur G5 Real pra�perttr Re�aads�
Taylor MWded Undw CWW■,rtll■ No. 9 003E
with the East in# ftrg' a d-s1sn* of 260.65 f04t to a fit „
TF{EN�E N� � � trac# des�'i1�d I
iron rod fold for #w eaud mst Cow' of o called 8,
s LWW Sw%: qf T ou*r CJeWs File No. 04-
RoOS16036
the Soh tlne t�e3 a distance of 33�4J5 fast to a CaPPad
`��N�iE East with SoLdvast �+�,� � Wd 6.�'09 In� most ��
�n rod �ou�d far tht
of
laid PLOwn tr64
t
THENCE South �
04 t saa o
21 MIMACS 33 Sds East whit the East lir►o
#hsr� e
dlste noa of 317-73 f"t to " P1.AC E Op 9 ECIN Nt NCB and �c�rtn 9
4 1.843 ocra■ of tare , more or 1 e s e
f
f
Y e
oL4002 Po l 356
.�y
1
1 •It� k,,
Filed for Record i n : :
DENTON COUNTY, TX
HONORABLE TIN HODDERyUpUNTY
CLERK
At On Jan 05 1998
Doe/Nun i 98--ROM664
Doe/Type : WD
Heevrd i nig.
Doe/mgmt 6.00
k:ecei t #I
Depu y -- Cheryl 7B