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HomeMy WebLinkAbout2010-074s;lour do cum entslordinances\I Olpaa3 accepting non annexation agreements. doc ORDINANCE NO. 2010-074 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 PAA3 OF APPROXIMA.TELYY 1,075 ACRES LOCATED ON THE SOUTH SIDE OF GANZER ROAD, NORTH AND SOUTH OF BARTHOLD ROAD, NORTH OF FM 11735 WEST OF I-3 5, 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 PAA3, as hereinafter described; and WHEREAS, Section 43.035, Subchapter B, Local Government Code requires the City to mal-e offers of non -annexation development agreements to the owners of all properties which have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland within the area to be annexed; and WHEREAS, under a non. -annexation agreement between an eligible property owner and the City, the land subject to the agreement retains its extraterritorial status and the owners of such land must abide by the City's development regulations as if such land were within the City limits, as provided further in such agreement; and WHEREAS, the city has offered said non -annexation agreements for a five year term in light of the rapid growth of the Denton area, the need to assure orderly growth, and the inadequate land area currently within the Denton city limits; and WHEREAS, the owners of some eligible properties have executed such non -annexation agreements; the owners of other properties executed such non --annexation agreements but there were defects in the legal description of such properties; and yet other owners to whom notices were sent did not execute the agreements within the allotted period of time, thereby declining the C ity' s offer; and WHEREAS, the City and the owners of eligible properties with insufficient legal descriptions have corrected defects therein; and WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of the City of Denton to enter into such non -annexation agreements with eligible property owners who timely submitted non -annexation agreements and have now corrected any legal defects therein; Now, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. s Aour documentslordinances1101paa3 accepting non annexation agreements.doc SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as PAA3, 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 PAA3, as described and depicted in Exhibits A and B, which have been properly executed by the owners of those properties and which have legally sufficient property descriptions, are hereby approved by the City of Denton and are attached hereto and incorporated herein by reference as Exhibits "C-1" through "C-�". SECTION 4. The City Manager is authorized and directed to sign the non -annexation agreements contained within Exhibits "C-1" through "C- " for and on behalf of the City of Denton as a ministerial act, but with an effective date of this Councils action on same. The City Manager shall further arrange forthwith for the recordation of non -annexation agreements in the real property records of Denton County, Texas. SECTION 5. In the event the City Council does not annex that parcel identified as PAA3, the City Manager is authorized to rescind the City's action accepting said non -annexation agreements within six months of the effective date of this ordinance should any property owners subject to the agreements so desire. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this ordinance shall not be affected thereby. SECTION 7. This ordinance shall take effect immediately on its passage. . . ...... ... - AND IT IS SO ORDERED. Passed by the City Council reading this 2nd day 4 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 2 EXHIBIT A Annexation Tract PA.A3 (Page 1 of 3) BEGINNING at a point on the present Denton city limits line, described as the southwest corner of an annexation tract established and described in Ordinance 1985-246 and further described therein as being on the centerline of F.M. 1173; THENCE North 870 57' East, along the center line of F.M. 1173 and along the present Denton city limit line as established in said Ordinance 1985-246 a distance of 310.5 feet to a point for corner; THENCE North 89* 39' East, along the center line of F.M. 1173 and along the present Denton city limit line as established in said Ordinance 1985-246 a distance of 2,153.5 feet to a point for corner, said point also lying 500 feet west of and perpendicular to the center line of interstate Highway 35, said point also being on the westerly line of a City of Denton annexation tract established and described in Ordinance 1969-40 (Tract VI); THENCE South 020 57' East, parallel to and 500 feet west of the center line of Interstate Highway 35, same bcing the present Denton city limit line established and described in Ordinance 1969-40 (Tract VI), a distance of 45 feet to a point for canner, said point lying on the south right-of-way line of F.M. 1173 and also being the northeast coiner of a City of Denton annexation tract established and depicted in Ordinance 2007-268 (Exhibit A-3 therein), - THENCE South 891 19' 54" West along the south right-of-way line of F.M. 1173, same being the north line of said City of Denton annexation tract established, described and depicted in Ordinance 2007-268 (Exhibit A and Exhibit A-3 therein), a distance of 1,801 feet to a point for a corner; THENCE South 8811 07' 35" West along the south right-of-way line of F.M. 1173, same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein), a distance of 99.83 feet to a point for a corner; THENCE Forth 880 37' 44" ]Vest along the south right-of-way line of F.M. 1173, same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein), a distance of 401.49 feet to a point for a corner; THENCE North 84133' 28" West along the south right -of -moray tine of F.M, 1173, same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein), a distance of 100.64 feet to a point for a corner; THENCE Forth 87' 3 9' 591' West along the south right-of-way, line of F.M. 1173, same being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein), a distance of 1,634.99 feet to a point for a corner, said point lying on the easterly right -of -gray line of the Kansas City Southern Annexation Tract PAA3 (Page 2 of 3) Railway (formerly Gulf, Colorado and Sante Fe Railroad Company), said paint also being the northwest corner of said Ordinance 2007-268 annexation tract; THENCE northwesterly, departing the existing Denton city limits and along the arcs, courses and distances of the said easterly railroad right-of-way line a total distance of 9,591 feet to a point for a corner; said point being the intersection of the said easterly railroad sight -of -way line and the south right of gray line of Ganzer West Road; THENCE in an easterly direction, along the courses and distances of the southerly implied right-of-way line of Ganzer West Road a total distance of 8,182 feet to a point for a corner, said point lying on the present Denton city limit line established and described by annexation Ordinance 1987- 141; THENCE South 01 ° 58' East along the present Denton city limit line established and described by annexation Ordinance 1987-141, a distance of 922 feet to a point for corner, said point being the southwest corner of said Ordinance 1987-141 annexation tract and also lying on the north line of a City of Denton annexation tract established and described m Ordinance 1969-40 (Tract V1); THENCE North 880 53' Vest along the present Denton city limit line established and described by annexation Ordinance 1969-40 (Tract VI) a distance of 250 feet to a point for corner, said point lying 500 feet west of the said center line if Interstate Highway 35 and being the northwest corner of said annexation Ordinance 1969-40 (Tract VI); THENCE South 00144' East parallel to and 500 feet west of said center line of Interstate Highway 35 and along the present Denton city limit line established and described by annexation Ordinance 1969--40 (Tract VI) a distance of6,087 feet to a point for corner, said point lying 500 feet west of the said center line of Interstate Highway 35 and being the northeast corner of said annexation tract established and described in Ordinance 1985-246; THENCE North 89° 29' west along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 324.6 feet to a point for corner; THENCE South 89° 15' 40" west along the present Benton city limit line established and described by annexation Ordinance 1985-246 a distance of 1,000 feet to a point for corner; THENCE North 89" 28' west along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 1,034.21 feet to a point for corner; Annexation Tract PAA3 (Page 3 of 3) THENCE South 00125" 30"Vest along the present Denton city In" nit line established and described by annexation Ordinance 1985-246 a distance of 1,271.72 feet to a point for corner; THENCE South 000 42' rest along the present Denton city limit line established and described by annexation Ordinance I985-245 a distance of426.35 to the POINT OF BEGINNING and containing 1,090 acres of land, EXHIBIT B a Ga zer W 00 ,....` i i ' ii:: !<•:: '.aI..i:r rT; er. - {! • t rf} ,i .!. >T •:f'x;!.• r..s';l: 3: C:: ! it7 x: s'. r:.i ..s �: rr.! } �l 'x�.. 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' :i: i`C'x: XL11: I o * il3 {!X �iw� .r t!.i�.i �C..3 }wx C3 j i lfl: }IS !SF"lY.v}'xIk'C: • i='i �}fF:' �� Iri.lri 11 �'i' •i ,III �{� • kii3 F,L-w"`"`fiS�17t✓ `•-ss i ii3 �rrr�r rtilri• r. t r .x.. � J City of Denton, Texas PAA3 - 1,085 Acres NI�HOLS w � s Feet 0 600 11000 21000 31000 After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON -ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and Evelyn Maria Barthold ("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 100 acres of land, more or less, situated in the John W. Gibbons Survey, Abstract No. 446, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated January 6, 2000 from Evelyn Maria Barthold, as Trustee of the Ella Barthold Living Trust dated February 17, 1998 to Evelyn Maria Barthold, filed for record on January 7, 2000 and recorded in Volume 4501, Page 1893 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 1.53 acres of land, more or less, situated in the John W. Gibbons Survey, Abstract No. 446, Denton County, Texas, and being more fully described in that certain Warranty Deed dated November 24, 1954 from Ella Barthold to Gulf, Colorado and Santa Fe Railway Company, filed for record on February 11, 1956 and recorded in Volume 419, Page 194 of the Real Property Records of Denton County, Texas. The remaining 98.47 acres, more or less, is commonly known as DCAD Property ID 60933. 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 shove that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's EXHIBIT _. .� a m covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm -related and ranch -related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications 0) 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. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j . National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 43 7 and § § 17-141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 ---- 457; and M. Moving Buildings, Denton Code §§28-326 — 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, 'as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and 3 (7) Gas well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180Wday period during which the Development Plan is in effect. Section 5. Agreement Deemed void in Part; Voluntga Annexation. (A) If an owner files any application or plan . of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address; City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street - Denton, Tx 76201 Section 7. Recordn . This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas, n Section 8. Severabili . Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension ' The initial term of this Agreement shall be fora period of five (5) years from the Effective shall be the date the Agreement is mutual agreement of the Parties. Date (the "Term"). The Effective Date of the Agreement executed by the City. The Term may be extended upon Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of vt�r 2010. Owners Evelyn Aaria Barthold THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative kn THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the ` day of 2010, by Evelyn Maria Barthold. THE STATE OF TEXAS COUNTY OF DENTON S Notary Public, State of Texas ..�`o�►'..r P�: DOROTHEA DURKIN ANY COMMISSION EXPIRES IRA%%�June 11, 2013 This 111str• gent was agknowledged before me.en-t /V day o ,20 by i Mana e /Deputy City Manager/Designated Representat` e, on behalf of the City of Denton, Texas, Nino ►�Iltltll�� 15NNIFER K, WALTER$ =•�.► ': N4fary Pubile State of Texas MY cmh)1b8i0n Expires N& Public ate of Texas R Upon recording return to: Jennifer Walters City Secretary iettingslceverett.benoll eneverettVacal settingslteniporarp inteniet f1eslo1k9levc1yn maria bartlrold 73 62 ac (2),doc 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 Evelyn Maria Barthold ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being a called 73.62 acre tract of land, situated in the B.B,B. & C.R.R. Company Survey, Abstract No. 141, Denton County, Texas, and being that portion lying East of the Railroad of a 111 acre tract described in "Tract Two: Home Place, Tract Two — A" of that certain Warranty Deed dated November 30, 1994 from Fred Lee Barthold to Evelyn Maria Barthold, filed for record on December 5, 1994 and recorded in Instrument Number 94-R00$9284 of the Real Property Records of Denton County, Texas. Said 73.62 acres, more or less, is commonly known as DCAD Property ID 38485 and DCAD Property ID 173414. 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 ET7 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..'. 1 eAdocuments and settingslceverett.benolkeneverettMocal settingsVemporary intemet filesVk%evelyn maria barthold 73 62 ac (2),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; C. The International Fire Code, 2006 Edition with local amendments; 2 6documents and settingslceverett.beiiol€;eneverettllocal settingskemporary intemet fileslo]Mevelyn maria barthold 73 62 ac (2).doc d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; L National Electric Code, 2005 Edition with Iocal 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. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 cadocuments and settingslccverett.benoll:eneverettllocal settingskemporarp internet lileslo Mevelyn mania barthold 73 62 ac (2).doc permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording, This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. 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. 4 cAdocuments and seuingsleeverett.benolkeiseverettllocal settingsVemporary inteniet filesUk91evelyn mania barthold 73 62 ac (2).doc Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five (5) years from the Effective Date (the "Term"). The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of J&Aj 16 , 2010. Owners Evelyn is Barthold THE CITY OF DENTON, TEXAS By:�"-- City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON to This instrument was acknowledged before me on the 16 day of aA Ot,) , 2010, by Evelyn Maria Barthold. Notary Public, State of Texas ©OROTHEA DURKlN 5 r MY COMMISSION EXPIRES ' June 11, 2013 Odocuments and settingslceverett.benolkeneverett\local settingsltemporary intenret filcsWOl evclpi maria barthold 73 52 ac (2).doc THE STATE OF TEXAS COUNTY OF DENTON } 414 This instrut en was ack lo�j' edged before me on the � day of ,20 �4by �iV ' City Manager/Deputy City anager/Designated Representa ' e, on behalf of he City of Denton, Texas. Qm"? JANE E. RICHARDSON N a Public, State of Texas �r';''- �lotary Public, State of Texas �' My Commission Expires June 27, 2013 APPROVED AS TO LEGAL. FORM-: ANITA BURGESS, CITY ATTORNEY C After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON -ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and Robert C. and Janeva E. Cole ("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 Lot 1, Block 1, Ganzer Estates, an Addition to Denton County, Texas, according to the reap or plat thereof recorded in Cabinet M, Slide 78 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain warranty Deed with Vendor's Lien dated October 12, 2007 from Russell Wayne white and Vickie Lynn White to Robert C. Cole and wife, Janeva E. Cole, filed for record on October 16, 2007 and recorded in Instrument Number 2007- 122318 of the Real Property Records of Denton County, Texas. Said Lot 1, Block 1, Ganzer Estates, is commonly known as DCAD Property ID 185219. 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 ("ETP) 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 terns 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 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 faum 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 thc.t 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) ,honing District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; 2 d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j National Electric Safety Code, 2003 Edition, with regional amendments; - k. Minimum housing and building standards, Denton Code §§28-383 -- 437 and § § 17-141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 --- 457; and rn. Moving Buildings, Denton Code §§28-326 -- 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as, amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended, and (7) Gas well platting, drilling and production standards, - as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 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 1 80-day period during which the Development Plan is in effect. Section 5. A Bement Deemed void in P art* Voluntary Annexation. (A) If an owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. owners expressly and irrevocably consent to annexation of the Property under such circumstances. owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 5. 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 tho real property records, Denton County, Texas. 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 owner waives no rights as to matters not addressed in this Agreement. 51 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 p erio d of five (5) years from the Effective Date (the "Term"). The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections, The Parties hereto have executed this agreement as of-6 , 2010. Owners Robert C. Cole qj�,VJAYA � I U Ja eva E. Cole THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEAS This instrument was aclmowledged before me on the ay of , 2010, by Robert C. Cole. JEREMY IVIE Notary Public STATE of TEXAS �' No a Public' to Texas ''� co my COMM. Exp. August 14, 201 D 5 THE STATE OF TEXAS I COUNTY OF DENTON I This instrument was acknowledged before me on the day of () &, 2010, by Janeva E. Cole. JEREMY IVIE Notary Publi c STATE OF TEXAS MY Comm, Exp. August 14, 2010 ' n icJ�,ri `��rss•crs'��st�a. '� u ''ttr THE STATE OF TEXAS I COUNTY OF DENTON I This ins went 4wasclrnow dged before me 1� day of � 20�i by City Manager eputy City ManagerlDesignated Represents • ve, on behale City of Denton; Texas. JENNIFER K, WAi,TERs Notary Public, State of Texas My Commission Expires APPROVED AS TO LEGAL FORM; �' ANITA SURGES S, CITY ATTORNEY r� BY: 0 oIry Pub ' ,State of Texas After recording return to: Jennifer Waltersk:ldal_civii1534 120 l Slnon-annexation agreementsl1 DD2I 7 riney tract agreement. do C pity Secretary Y 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 Th gr p . between the City of Denton, Texas (the "City") and Galatyn Park Corporation Fkla Rancho Vista Y("Owners"), Com an Development the property owners of the hereinafter described property p p (the "Property") ' in Denton County, Texas, sometimes individually or collectively referred to as pert �') "Party' or "Parties". Being a called 10 8.7 8 acre tract of land, situated in the S . L. Johnson Survey, Abstract No. 683, and a called 44.473 acre tract of land, situated in the 1. Coy Survey, Abstract No. 212 Denton County, Texas, and being that portion lying outside of the city limits, of a called 181.792 acre tract described on Page 472 of that certain Special warranty Deed dated December 8, 1989 from J & L Partners, acting by and through its manager, L & J Management Corporation, and its partners Josephine Hughes Sterling and Lewis g �' R. Cauble to Rancho Vista Development Company, filed for record on December 11, 1989 and recorded in Volume 2695, Page 465 of the Real Property Records of Denton County, Texas. Said 108.78 acre tract and 44.473 acre tract are commonly known as DCAD Property ID 3 7683 and DCAD Property ID 382 76, respectively. WHEREAS the City given ven 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 bending upon u the Cityand 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 pp rrentl 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 to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for municipality � purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop e thproperty 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 r EXHIBIT Z 1 � �` k:\dal-eivil\63012018\non-annexation agreements\100217 riney tract agreement.doe WHEREAS this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm -related and ranch -related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five(5)acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the � �' purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section. 212.172(b). Section 3. Governing Re lations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the p application� of such regulations does not result in interference with the use of the land for agricultural, ' wildlife management or forestry purposes and does not prevent the continuation of a g use established prior to the effective date of this Agreement andwhich remains lawful at the time the Agreement is executed: Zonin standards contained in the Denton Development Code (``DDC"), as (1) g 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, trans ortation, tree protection standards, and water/wastewater), Denton p Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Goverm-rents Standard Specifications for Public works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); Denton buildin codes, as contained within Denton Code Chapters 17, 28 and (3) g 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; k:\dal—eivil\63012018\non-annexation agreements\100217 riney tract agreement.doc b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; 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 licable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of p 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 b the Texas water Code, as amended, Texas Natural y Resources Code as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable licable 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 Gas Well lattin , drilling and production standards, as contained in (7) platting, and subcha ter 22 of the Denton Development Code, as amended §35.16.19 p . and as applicable, and as supplemented by requirements of the Texas Utilities Code the Texas Natural Resources Code, the Texas water Code, and 3 applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. 3 k:\dal-eivil\63012018\non-annexation agreements\100217 riney tract agreement.doe Section 4. Development Plan to Remain in Effect. Following termination of this Agreement reason, p Bement for an the Development Plan set forth in Section 2 shall remain in effect for apri'oYe d of 180 calendar days thereafter, or until the effective date of the annexation and zoning of the Property, whichever first occurs. The Parties covenant and agree that permanent g. Cit may den an development application or plan of development that is submitted to the the y y y y p pp , r the Property during such period if such application or plan is inconsistent with the City for p y g p 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 cation. The owners further agree that no use commenced or completed on the Property that apple �' 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. S ection 5. A eement D eemed Void in P art; Voluntgy Annexation. (A) If an Owner files any application or plan of development for or otherwise Comm p an commences development of portion of the Property inconsistent with the Development Plan Y proved ed 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. ' Code subcha ter C--1 or other such other provisions governing voluntary annexation of Gov't p � land as may then exist. Owners expressly and irrevocably consent to -annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary,and not subject to the requirements and procedures for an annexation plan, as � required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section G. Notice of Sale. Any person who sells or conveys any portion of the Property prior to such sale or conveyance, give 30 days written notice of this Agreement to the shall, p Y . prospective purchaser or grantee. A coy of the notice shall be forwarded to the City at the prosp p g�' p following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm. Street Denton, TX 76201 Sect ion 7. Recordin . This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. S everabilitV. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate an 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 proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the any p g provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. 11 k:\dal-eivil\63012018\non-annexation agreementAl00217 riney tract agreement.doc Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability �' of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multi le Co ies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five (5)years from the Effective Date (the "Tenn"). The Effective Date of the Agreement shal l 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 term g�' termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of , 2010. - t;---- - - Owners J Creecy THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative 5 k:\dal-eivil\63012018\non-annexation agreements\100217 riney tract agreement. doc THE STATE OF TEXAS I COUNTY OF DALLAS } This instrument was acknowledged before me on the `' day of ,.-•- s 2010) by John W. Creecy. PUL"iic Stale of Texlas p�•1 t: ,i,rtlission Exp. 10-96-20112 THE STATE OF TEXAS I Notary Public, State of Texas COUNTY OF DALLAS I This in 4.� t eat was ac o led d before me on the day of - b�� 2010, by ��tate of Texas �-p iofi E+p, 10-28-2011 Notary Publics State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This inst ent was know dged before me on day of ,20 by t "1p.1114 sty Manage eputy ity Manager/Designated Representa 've, on &-h"a'dof the City of Denton, Texas. ��4sp. Notpry Pubi#o, Stato of Texas .��rt'tii P'lon Expiras i r P �Iy APPROVED AS TO LEGAL FORM: . ..... . . . . ....... ate of Texas After recording return to: Jennifer Waiters k:ldal—eivi1163 01201 Slnon-annexation agreements\104215 barthold north agreement. doe 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 Tee.. Local Gov't Code by and between the Cityof Denton, Texas (the "City") and HHEC Spinco, LLC ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, p Y sometimes individually or collectively referred to as "Party" or "Parties" Being a called 55.81 acre tract of land, situated in the S . L. Johnson. Survey, Abstract No. 683, Denton County, Texas, and being that portion lying outside of the city limits, of a 97.50 acre tract of land described in that certain Special Warranty Deed dated August 31, 2008 from Hassle Hunt Exploration Company to HHEC SpinCo, LLC, filed for record on September 5, 2008 and p p Y recorded in Instrument Number 2008--97810 of the Real Property Records of Denton County, Texas. Said 55.81 acres, more or less, is commonly known as DCAD Property ID 37713. SAVE & EXCEPT: That portion lying outside of the city limits, of a called 21.000 acre tract of land, situated in the S. L. Johnson Survey, Abstract No. 583, Denton County, Texas and described in that certain Special Warranty Deed dated June 17, 2009 from HHEC Sp inCo, LLC to Haroldson L. Hunt, Jr. Trust Estate, filed for record on June 22, 2009 and recorded in Instrument Number 2009-75411 of the Real Property Records of Denton County, Texas. Said 21.000 acre tract of land, apparently has not been assigned a DCAD Property ID. 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 u the Cityand the owners and their respective successors and assigns for the terof m. the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently pp 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 p Y 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 LAMMI El k:\dal—civil\63012018\non-annexation agreements1100215 barthold north agreement.doc WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the 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. 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,b e amended from time to time, provided that the p as may 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 lawfal 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); N k:\dal—eivll\63012018\non-annexation agreements\100215 barthold north agreement.doc (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments, f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 437 and § § 17-141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and In. Moving Buildings, Denton Code §§28-326 — 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended 3 k:\dal—eivil\63012018\non-annexation agreementsll 00215 barthold north agreement,doc and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Vo1untM 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 5. 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. Recordi . 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. n kAdal civil\630120181non-annexation agreements110021 S barthold north agreement.doc 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 Co ies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five (5) years from. the Effective shall be the date the Agreement is mutual agreement of the Parties. Date (the "Term"). The Effective Date of the Agreement executed by the City. The Term may be extended upon Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of Z-3 2010. Own DonbfIlard,, ProjectManager THE CITY OF DENTON, TEXAS By. _a City Manager, Deputy City Manager, or Designated Representative E Udal_civi116301201Anon-annexation agreements\100215 barthold north agreem ent. do c THE STATE OF TEXAS } COUNTY OF DALLAS } �` 10 b Don Dillard This instrument was acknowledged before me on �� � D � y as Project Manager, pursuant to that certain writtenConsent dated Jan ary 11, 2010, of HHEC Spinco, a limited liability corporation. DEANNA L. WIC SON :ct 0,;N Public, state of Texas ` oainiission Exp. 1 Q-28-201 l Lv _t THE STATE OF TEXAS I COUNTY OF DENTON } (71 • (NcC�a� ............ . Notary Public, State of Texas This instrwnent was ackyowled d before m on-t day of ,20 k,,by (!^Am• ity Manager eputy City Manager/Designated Representati , on behalf dthe City of Denton, Texa . r��N�F ��4A,..�Y .,���,��. JENNIFER- K. WALTERS =R }' Notary Public, State of Vexes w , .. MY Commission Explres lei, 19,2010 APPROVED AS TO LEGAL FORM: i of Texas T UNANIMOUS WRITTEN CONSENT IN LIEU OF SPECIAL MEETING OF MANAGERS OF HHEC SPINCO, LLC DENTO3N EXTRATERRITORIAL AGREEMENT Dated Q \ \ , 2010 The undersigned, being all of the Managers of HHEC SPINCO, LLC, a Delaware Limited Liability Company (the "'Company"), hereby declare that when they have signed this consent, or a counterpart hereof, the below resolutions shall then be consented to, approved of, and adopted to the same extent as if such resolutions were adopted at a special meeting of the Managers, as applicable, duly called and held' WHEREAS, the Company owns the property described in the agreement(s) attached to this Consent, located in the extra -territorial Jurisdiction of the City of Denton, Texas (the "City") ---such property, whether one or more tracts, collectively is called the "'Property" in this Consent and such agreements), whether one or more, collectively are called the "A.greernent" in this Consent; and WHEREAS, the Company desires to enter into the Agreement concerning the status of the Property within the extra --territorial jurisdiction of the City; and WHEREAS, Don Dillard has managed various real estate matters for and on behalf of the Company, including the transactions and matters concerning the Property contemplated in the Agreement and in connection with the discussions and negotiations concerning the Agreement, and the undersigned believe that it is in the best interests of the Company that the Company appoint Don Dillard, as well as Ellen Hunt Flowers, as Manager and the Chairman of the Board of Managers, with the power and authority to carry out the matters for the Company in connection with the ,Agreement. Now, THEREFORE, BE IT RESOLVED, that the undersigned, being all of the Managers of the Company, do hereby approve, confirm and ratify the Agreement in the current form attached to this Consent, and the matters concerning the Property in accordance with the terms and provisions of the Agreement; and BE IT FURTHER. RESOLVED, that Don Dillard be, and hereby is appointed as "Project Manager" of and on behalf of the Company for purposes of the Agreement, and in such position and vvlth. such title, be, and hereby is, together with Ellen Hunt Flowers, Manager and Chairman of the Board of the Company, authorized and directed on behalf of the Company, for and in the name of and on behalf of the Company, to carry out the matters for the Company in connection with the Agreement, including, without limitation, to execute any and all documents necessary or advisable for the Company's carrying out the matters for the Company in connection with the Agreement, and any and all such modifications and amendments to the Agreement as such project Manager or Manager/Chairman of the Board in his or her sole discretion shall deem necessary or advisable, rovided, however; and BE IT FURTHER RESOLVED, that Don Dillard, as Project Manager for the Company, and Ellen Hunt Flowers, Manager and Chairman of the Board, be, and hereby are, authorized and directed to do all other things and acts, to execute and deliver all other instruments, documents, and certificates, and to pay all costs, fees, and taxes by and/or on behalf of the Company as provided in the Agreement as he or she may deem necessary or advisable in order to carry out and comply with the purposes and intent of the foregoing resolutions; and that all of the prior and future acts and deeds of said Project Manager and/or Manager/Chairman of the Board that are consistent with the purposes and intent of such resolutions be, and they hereby are, in all respects ratified, approved, confirmed, and adopted as the acts and deeds of the undersigned; and BE IT FURTHER RESOLVED, that any action taken pursuant to the authority granted in this Consent may be exercised by either one of, and not requiring both, Don Dillard, as Project Manager, and Ellen Hunt Flowers, Manager and Chairman of the Board, provided that any actions taken b Dori Dillard, as Project Manager for the Company, shall be done with y � consultation with Ellen Hunt Flowers, Manager and Chairman of the Board of the Company; and BE IT FURTHER RESOLVED, that this consent may be signed in multiple counterparts. (Signature Page Follows) IN WITLESS WHEREOF, the undersigned, being all of the Managers of the Company, have executed this Consent as of the date first above Witten. Ellen Hunt Flowers, Manager and Chairman � rAti 0 Houston B. Hunt, Manager j L Daniel L. Hunt, Manager S ephen H. Sands, Manager After recording return to: ci�i1 301201 Mnon-annexation a eements\100215 barthold south agreement.doc Jennifer Walters k:lda 1� City Secretary 215 E. McKinney Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON-ANNEXA.TION 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 Haroldson L. Hunt, Jr. Trust Estate ("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 that portion lying outside the city limits, of a 21.000 acre tract of land, more or less, situated in the S. L. Johnson Survey, Abstract No. 683, Denton County, Texas, and described in that certain Special warranty Deed dated June 17, 2009 from HHEC SpinCo, LLC to Haroldson L. Hunt, Jr. Trust Estate, Bled for record on June 22, 2009 and recorded in Instrument Dumber 2009-75411 of the Real Property Records of Denton County, Texas. Said portion of the 21.000 acre tract of land, apparently has not been assigned a DCAD Property ID. 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 on 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; EXHIBIT d Z 1 k:\dal-civil\63012018\non-annexation agreements1144215 barthold south agreement.doc NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ET1 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 extensions agreed to by the Parties shall be limited to � any farm -related and ranch -related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no singl e- 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 Re lations. The following City regulations shall apply to any development of the Property, as may be amended from. time to time, provided that the p application of such regulations does not result in interference with the use of the land for agricultural, cultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3)Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2005 Edition with local amendments; 2 k:\dal—civil\63012018\non-annexation agreements1100215 barthold south agreement.doc d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 43 7 and § § 17-141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and rn. Moving Buildings, Denton Code §§28-326 — 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the ' Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Develo ment Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 k:\dal—civil\63012018\non-annexation agreements1100215 barthold south agreement.doc permanent zoningof the Property, whichever first occurs. The Parties covenant and agree that the Citymay den an development application or plan of development that is submitted to the Y Y Y p Cityfor the Property during such period if such application or plan is inconsistent with the p Y 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 P art Volunta Annexation. A If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan p 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 subcha ter C-1, or other such other provisions governing voluntary annexation of p 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 purchaser or grantee. A copy of the notice shall be forwarded to the City at the prospective p following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. S everabillt . Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in fall force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by an proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the Yp g q provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. M k:\dal-eivil\63012018\non-annexation agreementsll 0021 S barthold south agreement.doe Section 10. Change -in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies, This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five (5) years from the Effective Date (the "Term"). The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of )2010. Owners iilk /V � 1,A 14S iqrfini. Creecy & /cot., - aod�o, THE CITY OF DENTON, TEXAS By: City 111lanage , Deputy City Manager, or Designated Representative E kAdal civi11630120181non-annexation agreements\ 100215 barthold south agreement. doe THE STATE OF TEXAS I COUNTY OF DALLAS I instrument was acknowledged � } This ins da ed before me on the y of g 2010 by John W. Creecy. t< ,,<<irir+if 3 • . . _ �, ��:�ry �H%J LINIC, St cite of Texas )eel So� i �� ;� . ���� i:�> ,i �n Exp,10-2 a-2011 Notary Public, State of Texas 5`. ,i THE STATE OF TEXAS I COUNTY OF DALLAS } ti This i t_ er t was ac owled red before me on the day of 0,- , 2010 by ltSO 1 <<t# of Texas Notary Public, State of Texas 011 THE STATE OF TEXAS } COUNTY OF DENTON } This inst nt was ac � owledged before � � day of � �GL-- ,20�5 by City Manag /Deputy City Manager/Designated Representa e, on behalf o the City of Denton, Texas. nrILTI N�1r y Puri axas;.Olt�� My COMM10016s10 APPROVED AS ANITA BURGE' J.C, State of Texas v After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 75201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON -ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and Johnny and Lisa Sue McQuinn ("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 Lot 13, Block 1, Ganzer Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain General Warranty Deed with vendor's Lien dated October 29, 2007 from Steven D. Bradley and Karen M. Bradley to Johnny McQuinn, III and Lisa Sue McQuinn, husband and wife, filed for record on October 31, 2007 and recorded in Instrument Number 2007-128405 of the Real Property Records of Benton County, Texas. Said Lot 13, Bloch 1, Ganzer Estates, is commonly known as ..DCAD Property ID 185231. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETY') for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the tern of this Agreement; and I 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; cm EXHIBIT rn 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 ,Flan. 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.Regglations.. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein , - (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments,-,' b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; 2 d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with - regional amendments; i. National Electric Code, 2005 Edition with local amendments. �. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 43 7 and § § 17-141 ---- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and rn. 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 hn §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and Q 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-, Voluntm Annexation. (A) If an owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement ' shall thereupon become null and void. . (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. owners expressly and irrevocably consent to annexation of the Property under such circumstances. owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address : City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 7. Recording. This Agreement, is to run with the Property and be recorded in tbp� real property records, Denton County, Texas. Section 8. Seyerability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. El Section 10. Char ze in Law. No subsequent change in the lave regarding annexation shall affect the enforceability of this Agreement or the Cit 's ability to annex the properties covered Y Y p p 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 Agreeme-at shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the B arti es . 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 FeAruaf V 9 , 2010. THE CITY OF DENTON, TEXAS By. City Manag r, Deputy City 14anager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON I This instrument was acknowledged before me on the U day of , 2010, by Johnny McQuinn. 7autte A, Ve� iSTAPE of TExgs �OF My Cotnmirsion E fires T7 �/7j Jy.., �/7�} � ryJ � Notary P lie, State of Texas 5 THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 2010, by Lisa Sue McQuinn. �ZpP,YPU� 9=etteA.. Ne4 STATE OF TExqs My Commission moires 11-07-2012 THE STATE OF TEXAS COUNTY OF DENTON -.7t,4 day of Notary ublic, State of Texas This in ment was acknowledged before m� Vday AityMka�nagger/Designated ,ZO�, by xty Man ger/Deputy Represent 'tee, on be' ha f of the City of Denton, Texas. JENNIFER K, WALTERS Notary Public, State of Texas APPROVED AS TO LEGAL FORM: ANITA BURGESS," CITY ATTOMY ` ■ 1 1 ate of Texas After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON -ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and Dale and Kimberly Wolf ("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 Lot 16, Block 1, Ganzer Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated to be effective September 2, 2005 from John D. Hesse and wife, Geri Hesse to Dale Wolf and wife, Kimberly Wolf, filed for record on September 13, 2005 and recorded in Instrument Number 2005--114453 of the Real Property Records of Denton County, Texas. Said Lot 16, Block 1, Cramer Estates, is commonly known as .DCAD Property III 185234. 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; ATIEREAS, 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 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 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. 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. „`ng ReT , „ „ . Regulations, he following City regulations shall apply to any �yerxuw., .. _ .,, ...._.,-- development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) ,Zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments, b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; 0) 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 amen&nents; i. National Electric Code, 2005 Edition with local amendments. j National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 43 7 and § § 17--141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and In. Moving Buildings, Denton Code §§28-326 — 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as, contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Conunission and Texas Commission on Environmental Quality, as amended. Section 4. Develo-pment Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed void in. Part; Voluntga Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 5. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director~ of Planning and Development 221 N. Elm. Street Denton, Tx 76201 Section 7. Recordin . This Agreement is to run with the Property and be recorded in tlj.e 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. M Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five (5) years from the Effective shall be -the date the Agreement is mutual agreement of the Parties. Date (the "Tenn"). The Effective Date of the Agreement executed by the City. The Term may be extended upc. Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this a eement as of2010. Owners Dale Wolf kehQ 3- Kimberly Wolf THE CITY OF DENTON, TEXAS By: _ r- "( - -4, _� City Manage , Deputy City Nfanager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON I This instrument was acknowledged before me on the day of 20 10, by Dale wolf JAN pubfti Notary Mv w~Za r corns 51 ssion F XO( � r r duly 20 '� NotarX PAXic, State of Texas 5 TIE STATE OF TEXAS COUNTY OF DENTON } This instrument was acknowledged before me on the day of , 2010, by Kimberly Wolf. jf f i+,, JAN M4 WHEELER � Notary public, State v# Texas " r My Commission Expires No"g.blic, State of Texas Jul y 20; 2011 THE STATE OF TEXAS COUNTY OF DENTON A"isinstirume"was acic ledge before m e day o ,20 by ity Manager eputy City Manager/Designated Representative, 4k behalf of GS-6ty of Denton, Texas. ,IMP,,, J i+h N l l` la l:K.�WALTERS w�,' ';6*Nat ry �%ate 'texasMy�� Expires APPROVED LEGAL FORM: rl [ • . ^ of Texas