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HomeMy WebLinkAbout2010-075sAour documentslordinances1101paa4 accepting non annexation agreet'nents.doc ORDINANCE NO. 2010-075 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 PAA4 OF APPROXIMATELY 1,555 ACRES LOCATED ON THE SOUTH SIDE OF MILAM ROAD, NORTH OF LOOP 288, EAST OF 1-35, 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 PAA4, as hereinafter described; and WHEREAS, Section 43.035, Subchapter B, Local Government Code requires the City to male offers of non -annexation development agreements to the owners of all properties which have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland within the area to be annexed; and WHEREAS, under a non -annexation agreement between an eligible property owner and the City, the land subject to the agreement retains its extraterritorial status and the owners of such land must abide by the City's development regulations as if such land were within the City limits, as provided further in such agreement; and WHEREAS, the city has offered said non -annexation agreements for a five year term in light of the rapid growth of the Denton area, the need to assure orderly growth, and the inadequate land area currently within the Denton city limits; and WHEREAS, the owners of some eligible properties have executed such non -annexation agreements; the owners of other properties executed such non -annexation agreements but there were defects in the legal description of such properties; and yet other owners to whom notices were sent did not execute the agreements within the allotted period of time, thereby declining the C ity' s offer; and WHEREAS, the City and the owners of eligible properties with insufficient legal descriptions have corrected defects therein; and WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of the City of Denton to enter into such non -annexation agreements with eligible property owners who timely submitted non -annexation agreements and have now corrected any legal defects therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference, sAour documentslordinances\10lpaa4 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 PAA4, 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 PAA4, 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 Council's action on same. The City Manager shall further arrange forthwith for the recordation of non -annexation agreements in the real property records of Denton County, Texas. SECTION 5. In the event the City Council does not annex that parcel identified as PAA4, 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 b the City Council reading this 2nd day of7al,10.. yMA. B6-HS, MAYOR ATTEST: JENNIFER WALTER.S, CITY SECRETARY BY: A.PPRO ED AS O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY E Page 2 EXHIBIT .Annexation Tract PAA4 (Page 1 of 4) BEGINNING at point in the present Denton city limit line as established by ordinance 2008- 137; said point being the northwest corner of the annexation tract described therein and also lying on the south right-of-way line ofF.M. 3163 (Milam Road) 2008-137; THENCE South 01 ° 08' 35" West continuing along the present Denton city limit line established by ordinance 2008-137 a distance of 2,996.05 feet to point for corner, said point being the southwest corner of the annexation tract described therein; THENCE South 890,10' 00" East continuing along the present Denton city limit line established by ordinance 2008-137 a distance of 2,457.02 feet to a point for corner, said point being the most northerly southwest corner of a City of Denton annexation tract established and described by ordinance 2007-077 (Tract 1).; 'THENCE South 88' 54' 04" East continuing along the present Denton city limit line established by ordinance 2007-077 (Tract 1) a distance of 197.47 feet to a point for a corner; THENCE South 020 28' 55" East continuing along the present Denton city limit line established by ordinance 2007-077 (Tract I) a distance of 965.89 feet to a point for corner; . THENCE South 01 ° 00' 3 3 " East continuing along the present Denton city limit line established by ordinance 2007-077 (Tract 1) a distance of 539.43 feet to a point for corner; THENCE South 00104' 12" Vest continuing along the present Denton city limit line established by ordinance 2007-077 (Tract 1) a distance of2,649.30 feet to a point for corner; THENCE South 001261 12" '"Lest continuing along the present Denton city limit line established by ordinance 2007-077 (Tract 1) a distance of 668.18 feet to a point for corner, said point being a southwest corner of said ordinance 2007-077 (Tract 1) annexation tract and lying on the north line of a City of Denton annexation tract established by ordinance 1985-151; THENCE North 89° 11' 35" West continuing along the present Denton city limit line established by ordinance 1985-151 a distance of 575 feet to a point for corner, said point being the northwest corner of said ordinance 1985-151 annexation tract and also being the northeast corner of a City of Denton annexation tract established by ordinance 2007- 077 (Tract 2); Annexation Tract PAA4 (Page 2 of 4) THENCE North 89132' 45" West continuing along the present Denton city if line established by Ordinance 2007-077 (Tract 2) a distance of 2,128.41 feet to a point for coaxer; THENCE South 00' 03' 28" West continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 2) a distance of 26.07 feet to a point for a corner; THENCE North. 89' 32' 32" West continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 2) a distance of 972.02 feet to a point for a corner; THENCE South. 01 1 35' 23" West continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 2) a distance of 1,003.38 feet to a point for corner; THENCE South 01 ° 34' 05" 'Vest continuing along the present Denton city limit fine established by Ordinance 2007-077 (Tract 2) a distance of 932.20 feet to a point for corner; TEENCE South 88° 29' 12" East continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 2) a distance of 1,541.64 feet to a point for a corner, THENCE South 00' -56' 25" West continui ng along the present Denton city limit line established by Ordinance 2007-077 (Tract 2) a distance of 185.30 feet to a point for a corner; THENCE South 880 09' 02" East continuing along the present Denton city limit line established by Ordinance 2007--077 (Tract 2) a distance of 498.78 feet to a point for a corner, said point being a southeast corner of said Ordinance 2007-077 (Tract 2) annexation tract and also lying on a West line of a City of Denton annexation tract established by Ordinance 2002-257; THENCE South 00156' 33" West continuing along the present Denton city limit line established by Ordinance 2002-257 a distance of 6 feet to a point for corner; THENCE South 010 06"' 36" West continuing along the present Denton city limit line established by Ordinance 2002-257 a distance of 1,764.22 feet to a point for corner; T` ENCE North 880 31' 42" West continuing along the present Denton city limit line established by Ordinance 2002-257 a distance of 624.97 feet to a point for corner; Annexation Tract PAA4 (Page 3 of 4) TPENCE South 02" 02' 28" west continuing along the present Denton city limit line established by Ordinance 2002-257 a distance of 40 feet to a point for corner, said point being the northwest comer of a City of Denton annexation tract established by ordinance 2007-077 (Tract 3); THENCE South 00' 23' 04" west continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 3) a distance of 1.,765.70 feet to a point for corner, said point being the southwest corner said 2007-077 (Tract 3) annexation tract and also being on the east right-of-way line of Bonnie Brae Road and being the noxthwest corner of a City of Denton annexation tract established by Ordinance 1980-26; TfMNCE South 00' 12' 13" west continuing along the present Denton city limit line established by Ordinance 1980-26 a distance of 450 feet to a point for corner, said point being the northeast corner of a City of Denton annexation tract established by Ordinance 1982-4; THENCE North 890 04' 24" west continuing along the present Denton city limit line established by Ordinance 1982-4 a distance of 1,791.93 feet to a point for corner; T14ENCE forth 5 8° 2 l' 24" west continuing along the present Denton city limit line established by Ordinance 1982-4 a distance of 926 feet to a point for corner, said point being the southeast corner of a City of Denton annexation tract established by Ordinance 1986-d} THENCE North 000 25" 59" Bast continuing along the present Denton city limit line established by Ordinance 1986-6 a distance of 1,845.44 feet to a point for corner; THENCE North 000 22' 28" East continuing along the present Denton city limit line established by Ordinance 1986-6 a distance of 506.6 feet to a point for corner; TBENCE South 89' 27' 00" Lust continuing along the present Denton city limit line established by ordinance 1986-6 a distance of 1,033.4 feet to a point for corner; THENCE North 00122' 27" East continuing along the present Denton city limit line established by Ordinance 1986-6 a distance of 564.11 feet to a point for corner; TTENCE North 89131' 39" 'Nest continuing along the present Denton city limit line established by ordinance 1986-6 a distance of 2,485.31 feet to a point for corner, said point being the northwest corner of said. 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L r, ri;;• , .L t'�' _1.:i3 .;i1! ii ..:: ! ' s.•' j; : :3.;L{1 0 3iii7�!`Iti! s:i22' ::r.',3r S 1,"'L SI`^TI•ir ;,Sx "i` "�i ,!!isl il} 3;!r:•z? F�"rug : cli M11,'s is .'s? 13:2t:t}i.='L i17 ': ili: tS"•1 i :ii' ,C3` ,�ii?iii� iietaa:i 1iz.•}` {!) ri` •3r.i. 21 Ii1aF:Ci•«'Lfti City of Penton, Texas PAA4 m 1,550 Acres r� N��Ho� N WOE S Feet 0 600 1200 2,400 3,600 After recording return to: sAour documents�miscetianeous\10\annexationslrub finch non -annexation a reement.doc Jennifer Walters Y g 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 Mrs. Ruby Finch ("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 44.823 acres of land, more or less, situated in the Morris May Survey, Abstract No, 807, Denton County, Texas, and being more fully described in that certain Correction warranty Deed dated June 15, 1963 from Emil M. Schertz, a1 kl a E. M. Schertz, and wife, Lydia Schertz to Mrs. Ruby Finch filed for record on August 12, 1963 and recorded in Volume 497, Page 547 of the Real Property Records of Denton County, Texas. SAME & EXCEPT: 10.050 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain warranty Deed dated August 7, 2002 from Ruby Elizabeth Finch and husband, Henry Tyler Finch, Jr, to Michael Joe Schertz and wife, Amy Beth Schertz, filed for record on August 7, 2002 and recorded in Volume 5144, Page 4597 of the Real Property Records of Denton County, Texas. Said 10.050 acres of land, more or less, is commonly known as DCAD Property ID No. 244900. Additionally SAVE & EXCEPT: 5.000 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain warranty Deed dated October 28, 2004 from Mrs. Ruby Finch to Danny M. Schertz and wife, Sandra J. Schertz, filed for record on November 1, 2004 and recorded in Instrument Number 2004-141689 of the Real Property Records of Denton County, Texas. Said 5.000 acres of land, more or less, is commonly known as DCAD Property ID No. 27.3044, The remaining 29.772 acres, more or less, is commonly known as DCAD Property ID _11To. 3 7729. 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. 41 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; sAour documents\miscellaneous1141annexation struby finch non -annexation agreement.doc 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 40 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 subj ect 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 Rezulations. 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 sAour documents\miscell aneous1141annexationslruhy finch non -annexation agreement.doc (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 Sub chapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j . National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 43 7 and § § 17--141— 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and m. Moving Buildings, Denton Code §§28-326 — 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 3 sAour documents\miscellaneous\10\annexationslruby finch non -annexation agreement.doc through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the 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 51 sAour documents\miscellaneous1101annexationslruby finch non -annexation agreement.doc 221 N. Elm Street Denton, Tx 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple 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 ftvzh 2 , 2010. Owners Mrs, by ' nch 5 s:\our documents\miscell aneousl101annexationslruby finch non -annexation agreem ent. doc THE CITY OF DENTON, TEXAS City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 0 day of . t r- A Notary Public, State of Texas THE STATE OF TEXAS COUNTY" OF DENTON This instru ent was ackppwledg . before meson-th day AftyManager/Designated ,2o�by k City Manager putt' Representati , on behalf d—the City of Denton, Texa . �ltttl�y�i � ElNI K, WALTERS N�t� Y t 110 Stow Of Texas {{�j. �y DwoMbW 1 f APPROVED AS TO LEL,..FORM: ANITA BURG --ES S " CITY ATTORNEY e N t ry Publi T§tate of Texas After recording return to: k:\dal—civil\63012018\non-annexation agreements\100217 myers tract agreement.doc 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 Galatyn Park Corporation flkJa Rancho Vista Development Company (`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 202.564 acres of land, more or less, situated in the John Ayers Survey, Abstract No. 2 and the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described on Page 483 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 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 202.564 acre tract, is commonly known as DCAD Property ID 3 7075 and DCAD Property ID 3 7718, respectively. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between there 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 p . 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 EXHIBIT 1 m k:\dal—civil\63012018\non-annexation agreements\ 100217 myers tract agreement.doc 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 g 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 b e amended from time to time, provided that the p 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 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; N k:\dal—civil\63012018\non-annexation agreementsll 04217 myers 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 .9. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 43 7 and § § 17--141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and In. Moving Buildings, Denton Code §§28-326 -- 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. 91 k:\dal—civil\63012018lnon-annexation agreements\] 00217 myers tract agreement.doc Section 4. Develo ment Plan to Remain in Effect. Following termination of this an Agreement for reason, the Development Plan set forth in Section 2 shall remain in effect for g y 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 Citymay deny any development application or plan of development that is submitted to the y City for Property erty 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 pp 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 reement 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 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 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 an proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the y 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-civil\63012018\non-annexation agreements1100217 inyers 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 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) y ears 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 termg 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. THE CITY OF DENTON, TEXAS B - - Ci y Manager, Deputy City Manager, or Designated Representative kAdal civi1163D 1201 Mnon--annexation agreements\ 100217 myers tract agreement.doc THE STATE OF TEXAS COUNTY OF DALLAS } th1 dY64 a of Ae- This instrument was acknowledged before me on e y 2010) by John W. Creecy. �wAN N A i_ , { F PLl�.aiiC, �t�l [.) r��C.S �. 0-28-21DI -I MissionNotary Public, State of Texas THE STATE OF TEXAS COUNTY OF DALLAS This i stru ent was ac owled ed before me on the jz 2010) by cz- j x-���li . i�1<<t�� of Tex"I �. I� .28-201 THE STATE OF TEXAS �' day of Notary Public, State of Texas COUNTY OF DENTON � This instVqment was acknowl ged before me ors -th day of 201by 'City Manager eputy City Manager/Designated Representa e, on behalf of the City of Denton, Texas. OX Notjd�r�1�'PHI��blIc Of "ias y��q���O fres di APPROVED AS TO L FORM: ANITA BQR,GES S 7 CITY ATTO NEY Otary Pu e, State of Texas After recording return to: kAdal civi1163Q 120 I Mnon-annexation agreements1100217 gentzy tract agreement.doc 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 Galatyn Park Corporation flkla Rancho Vista Development Company (`owners"), the property owners of the hereinafter described property p p Y (the "Property") ") in Denton County, Texas, sometimes individually or collectively referred to as pert Y "Party" or "Parties" Being 87.452 acres of land, more or less, situated in the John McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described on Page 485 of that certain Special Warranty Deed dated December 8, 1989 from J & L Partners, actin b and through its manager, L & J Management Corporation, and its partners g Y Hughes Josephinegh es Sterling and Lewis 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 87.452 acre tract, is commonly known as DCAD Property ID 3 7420. 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 u the Cityand 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 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 o of retainingland 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; EXHBT 1 k:\dal—civil\63012018\non-annexation agreements\ 100217 gentry tract agreernent,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 gon 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 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 Cnteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; 2 k:\dal—civil\6301201 Mnon-annexation agreements1100217 gently tract agreement.doc C. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition With local amendments; 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 gure lations, 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 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 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 (7) Gas eWell 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. Develop meat Plan to Remain in Effect. Following termination of this Agreement eement for an reason, the Development Plan set forth in Section 2 shall remain in effect for g y 3 k:\dal-civil\63012018\iion-annexatioii agreements\ 100217 gentry tract agreement.doc a period of 180 calendar days thereafter, or until the effective date of the annexation and p y 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 � � � Cityfor the Property during such period if such application or plan is inconsistent with the 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 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 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 subchapter Cw l , 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 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. Recordin . This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Sever abilit . 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 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 kAdat civi11630120181non-annexation agreements\ 100217 gentry tract 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 Co ies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Tenn 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.I t THE CITY OF DENTON, TEXAS Bp City anager, Deputy City Manager, or Designated Representative Wi k:ldal civiM301201 Slnon-annexation agreements\ 100217 gentry tract agreement.doe THE STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the day of `1 , 2010, by John W. Creecy. ,•....�:.;z..�r��'t�.,Ya X NY—� C�"'lfy PublicState of -r- aS . '-rrl'r •+` `ti��t�, i'liiy Gol- i-nission ap, 10-28-201 ��.����(� 14otary Public, State of Texas .. ......... THE STATE OF TEXAS COUNTY OF DALLA S This i pt rent was c _wl ged before me on the day of , 2010, by ��- 1% Pula C, State of Texas -a- -jd- ;•,�1 • r�i�y{..fi7il p.0-28-0Notary Public, State of Texas -S, THE STATE OF TEXAS COUNTY OF DENT ON } his inst ent was knowle ed before me ors the day of ,24� by T CCity 1 111IM4 J-) 5 Manager) eputy CAtyMa-nager/Designated Representati e, on%- ehalf of the City of Denton, Texas. APPROVED AS. TO-LEC.A L FORM: ANITA BURGESS, CITY AT ORNEY f ;•w �r r' 0 After recording return to: Jennifer Walters k:ldal_civi11630 1201 Slnon-annexation 3greementsll 00217 smite track agreement.doe CitySecretary 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 between the City of Denton, Texas (the "City") and Galatyn Park Corporation flkla 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 Y "Party" or "Parties": Being that portion lying outside the city limits, of a 572.029 acre tract of land, more or less situated in the John Ayers Survey, Abstract No. 2; the 1. Coy Survey, Abstract No. 212• the Morris May Survey, Abstract No. 807; and the S.L. Johnson Survey, Abstract No. 683 Denton County, Texas, and being more fully described on Page 478 of that certain Special warrant Deed dated December 8, 1989 from J & L Partners, acting by p Y and through its manager, L & J Management Corporation, and its partners Josephine g Hughes Sterling and Lewis 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 portion lying outside the city limits, p Y of the 572.029 acre tract, is commonly known as DCAD Property ID 37076, DCAD Property er ID 37354, DC,[D Property ID 37715 and DCAD Property ID 37696, respectively. WHEREAS the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS Owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETF) 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 term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currentlyis raised 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 purp o s es 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 EXI���T 1 m k:\dal-civil\63012018\non-annexation agreements\100217 smith tract agreement.doc 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; 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 extra Property territorial status of the Pro ert 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. Develo meat Plan. The owners covenant and agree that use of the Property he term o f this Agreement and any extensions agreed to by the Parties shall be limited to fort �' farm - related and ranch -related uses and customary accessory uses, and single-family detached g farm or ranch dwellings, provided that no single-family dwelling may be located or constructed smaller than five(5)acres. The property owner may apply to the City for division of the on a lot . subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the land � �' purpose s 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 Reaulations. 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) Z gZoning 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); K k:\dal—eivil\63012018\non-annexation agreements\ 100217 smith tract agreement. do c (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, good Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with 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 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 V k:\dal-civil\63012018\non-annexation agreexnentsl100217 smith tract agreement. do c and as applicable, and as supplemented by requirements of the Texas Utilities pp Code the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and pp Texas Commission on Environmental Quality, as amended. Section 4. Develo meat Plan to Remain in Effect. Following termination of this S , Agreement for an reason the Development Plan set forth in Section 2 shall remain in effect for Agree y � p Y a period of 180 calendar days thereafter, or until the effective date of the annexation and ent zoning of the Property, whichever first occurs. The Parties covenant and agree that permanent g. may den an development application or plan of development that is submitted to the the City y y Y p pp the Property during such period if such application or plan is inconsistent with the City for p y g 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 applicati on. The Owners further agree that no use commenced or completed on the Property that is inconsistent�menp with the development Ian 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• Voluntary Annexation. (A) If an owner files any application or plan of development for or otherwise commencesp an development of portion of the Property inconsistent with the Development Plan Y in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. provided (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. ode subchapter ter C--1 or other such other provisions governing voluntary annexation of Gov't C p � land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under su ch circumstances. Owners further agree that such annexation by the City shall be deemed J emed 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 prior to such sale or conveyance, give 30 days written notice of this Agreement to the shall, p Y . purchaser or grantee. A coy of the notice shall be forwarded to the City at the prospective p gr 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. Sever abilit . Invalidation of any provision of this Agreement by judgment or Y court order shall not invalidate an of the remaining provisions which shall remain in full force and effect. 11 k:\dal-civil\63012018\non-annexation agreements1100217 smith tract agreement.doc 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. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceabilityof 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 Mjjl�tile 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 to Agreement, termination of this A reementtogether with any other provisions, as may be necessary for the g implementation of those sections. hereto have executed this agreement as of , 2010 The P arty e s h �' THE CITY OF DENTON, TEXAS By: City Manager, Deputy City -Manager, or Designated Representative 61 k:ldal civi115301201 Mnon-annexation agreements\100217 smith ti-act agreement. do e THE STATE OF TEXAS I COUNTY OF DALLAS I This instrument was acknowledged before me 'on the day of 2010) by John W. Creecy. ,,ma�yy `j` DI _ a l)�jblic, SIC t..�oi�ilftll ti�fDn Eyp.S. THE STATE OF TEXAS I COUNTY OF DALLAS I This iAistnent was a* 2010, by J� Notary Public, State of Texas fore me on the I da wl ed be Y of R- r -lublic, Slate of Texas w i�, ��.�rl7rni )sion Exp, 0-8-011 THE STATE OF TEXAS I COUNTY OF DENTON I �� .•�1��-'�-- - U vim, Notary Public, State of Texas This instru nt was ac owled ed before m�-on-the� �`' day Av ,20�by I ft ;?714 oa_.��City�Manage eputy anager/Designated Representa e, on behalf of the City of Denton, Texas. ill Notaty PLINK SUM Of TWS i My Coaiilllooloh �XpIrog APPROVED A0 : T0--LE(3Af. ANITA T�RGESS, CITY A [MO G N far Publi , tate 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 Gene and Lynn Gumfory ("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 17, Block A, of Milarn Creek Ranch, Phase II, an Addition to Denton County, Texas, according -to tho map or plat thereof recorded in Cabinet O, Slide 385 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 dated September 24, 2007 from John Lee Kelley and wife, Mary Kathleen Kelley to Gene Gumfory and wife, Lynn R. Gumfory, filed for record on September 25, 2007 and recorded in Instrument Number 2007-113999 of the Real Property Records of Denton County, Texas. Said Lot 17, Block A, Milam Creek Ranch, Phase II, is commonly known as DCAD Property ID No. 202617. 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 C'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 ET J 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 terns 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 farin-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 O 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 — 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 — 3755 (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, applicably: 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 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 Vold 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. S everability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. E 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 U. 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 "Tenn"). The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of � , 2010. Owners THE CITY OF DENTON, TEXAS By: City 4anageT,Deputy City anager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON THE STATE OF TEXAS COUNTY OF DENTON This instrument was aclmowledged before me on the day of 2010, by Lynn G-umfory. . Notary Public State of Tex MV COKAMiSSION EMPIRES rh MuQh 20 20t s THE STATE OF TEXAS COUNTY OF DENTON LN Notary Public, State of Texas This instru 1nt was acl owled ed before rue--onday of20k,by { pity Mana erlDeputy City Manager/Designated Representat' e, on ehalf of the City of Denton, Texas, fan-�+aalNn.���..::z���t ;;•_�.f� _ .iL l�wwwir�w�el.��gy�ww Notary PiAlc Sfivo of Texas tvhv Corfl(fil-0vlofl Uplrlbo APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY--ATT - Y N t y Pub .- , State of exas Z After recording return to: sAour documents\miscellaneousl10lannexationsldet•ek & eindy hook non -annexation agreement.doc 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 Derek Hook & Cindy Hook ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 6.43 acres of land, more or less, situated in the J. Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General Warranty with Vendor's Lien dated June 29, 2009 from James Dale MeE-night and Donna Joy O'Dell to Derek Hook and wife, Cindy Hook, filed for record on July 2, 2009 and recorded in Instrument Number 2009-80411 of the Real Property Records of Denton County, Texas. Said 6.43 acres of land, more or less, is commonly known as DCAD Property ID 3 7458 and DCAD Property ID 3 7466, respectively. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction ("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 terrn 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 1nunicipality 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; r EXHIBIT La `.o rn sAour documentslmisceiianeousli Qlannexationslderek & cindy book non -annexation agreement.doc NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees ' not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm -related and ranch -related uses and customary accessory uses, and single-family 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 s:\our docLimentslmiscelIancous\I0\annexationslderek & cindy hook non -annexation agreement. doc d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j . National Electric Safety Code, 2003 Edition, with regional anlendm.ents; k. Minimum housing and building standards, Denton Code §§28-383 — 43 7 and § § 17-141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and M. Moving Buildings, Denton Code §§28-326 — 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements,. contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and sub chapter 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-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 sAour docurnentslmisceiianeousllO\annexationslderek & c i n d y hook pion -annexation agreement.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. S eyerabity. 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. C! sAour documents\miscellaneous1101aniiexatiotislderek & cindy book non -annexation agreement.doc Section 10. Chanize in Lave. 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 "Terra."). 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 We � , 2010. THE CITY OF DENTON, TEXAS By. City Manage , eputy City Aanager, or Designated Representative E s:lour documents\miscell aneous\I0\annexationslderek & cindy hook non -annexation agreement. doc THE STATE OF TEXAS COUNTY OF DENTON This instrument was aclmowledged before me on the � day of THE STATE OF TEXAS COUNTY OF DENTON THE STATE OF TEXAS COUNTY OF DENTON A This instr ent was ac zo 1 ged before mpon7l day of ,2 ), by ity Manager eputy City Manager/Designated Representa ve, on beha of the City of Denton, Tex •�''''YaU�a, JENNIFER :K.WALTERS N t y Pu , Stateof Texas `�Nota!'y public$ate of Texasmy comnmion Expires APPROVED AS To LEGAL FOAM: ANITA I3URGES S CITY ATTORNE--,'Y LY: 6 N' After recording return to: sAour documents\miscell aneous\10\annexations\carolyn mallard 2.25 ac.doc 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 Carolyn Schertz Mallard ("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 2.25 acres of land, more or less, situated in the Morris May Survey, Abstract No. Sol, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated June 21, 2004 from Homer S . Schertz, a/kl a Sam Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and, Jessie V. Schertz Revocable Living Trust; Danny M. Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; Ricky David Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; and Carolyn Schertz Mallard, as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust to Carolyn Schertz Mallard, filed for record on July 7, 2004 and recorded in Instrument Number 2004-89327 of the Real Property Records of Denton County, Texas. Said 2.25 acres of land, more or less, is commonly known as DCAD Properly ID 270748. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETF) for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use- and EXHIBIT LM Z: 1 m sAour documents\miscell aneousllDlannexationskarolyn mallard 2.25 ac.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 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. 1995 (NCTCOG Manual); i) sAour documents\miscell aneous\IDlannexationskarolyn mallard 2.25 ac.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 — 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 §§28-32.6 --- 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 sAour documents\miscellaneous\10\annexa#ionslcarolyn mallard 2.25 ae.doe and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is Inconsistent with the Development Plan. The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part Voluntary Annexation. (A) If an owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in S ection 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. sAour documents\miscellaneous\10\annexations\carolyn mallard 2.25 ac.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 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 11 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. wners arolynVhyr-tz Mallard THE CITY OF DENTON, TEXAS By: . Oity Manager, Deputy City Manager, or Designated Representative W sAour documents\miscellaneous\10\annexations\carolyn mallard 2.25 ac.doc THE STATE OF TEXAS COUNTY OF DENTON t This instrument was acknowledged before me on the day of g y 2010, by Carolyn Schertz Mallard. o,} . P� t CHRIST# Aa. R Notary Public state of T - my CORM expfts- '' 7 Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This inst ent was ac nowle ed before me on day of ,2, by r ity ManagerfD puty City Manager/Designated Represent ive, on behal of the City of Denton, Texas. ��►►iE�rrrj��WALTERS w � pi Male of Texas MY CC3Mmis.'sion Expires '��►� �► December 19E 2010 APPROVED A$J.0;.-LE,GAL-F-ORM.' ANITA BU OE S S CITY ATTORNI f-- C, State ofllfj�as R After recording return to sAour documents\miscellaneous1141annexationslearolyn mallard 8.00 ac.doe Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON -ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and Carolyn Schertz Mallard ("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 8.00 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain warranty Deed dated October 14, 2002 from Jessie Schertz to Carolyn Schertz Mallard, filed for record on October 15, 2002 and recorded in Volume 5192, Page 3330 of the Real Property Records of Denton County, Texas. Said 8.00 acres of land, more or less, is commonly known as DCAD Property ID 247043. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the 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; sAour documents\miscellaneous\10lannexationslcarolyn mallard 8.00 ac.doc 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 sub j ect to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 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; 2 sAour documents\miscellaneous\101annexationslcarolyn mallard 8.00 ac.doc C. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. J. 0 National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 43 7 and § § 17-141 — 210, as amended and as applicable; 1. Irrigation. Standards, Denton Code § §28-441 — 457; and M. Moving Buildings, Denton Code §§28-326 -- 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the 3 sAour documentslmiscellancous1101annexationslcarolyn mallard 8.00 ac.doc 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 10 the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part Volunta Annexation. (A) If an owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C--1, or other such other provisions governing voluntary annexation of land as may then exist. owners expressly and irrevocably consent to annexation of the Property under such circumstances. owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section d. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. 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. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. M sAour do cumentslmiscellaneouAIO\annexationskarolyn mallard 8.00 ac.doc 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 ofIviellb2,2010. -► THE CITY OF DENTON, TEXAS By. City Manager, Deputy City anager, or Designated Representative T�_ s . --- - COUNTY OF DENTON This instrument was acknowledged before me on the day of 2010, by Carolyn Schertz Mallard. IDDCKCK CK Notary iy blic State Of Te x"XPIFtfas Y . (, " �L Notary Public, Late of Texas 5 sAour documents\miscellaneous\10\annexations\carolyn mallard 8.00 ac.doc THE STATE OF TEXAS COUNTY OF DENTON his lnstru nt Was acknowledged before m" the day of ,20 � 6 9 IA4 kbA-P "_ - 1 Manage IDeputy City Manager/besignated Representativ , on ehaif dt6e-City of Denton, Texas. w Notary Public State Of Texas ,�., y nay �:ommiesio� �xplres �1► 111� APPROVED AS TO . LEGAL FOR VI: ANITA BURGESS, CITY ATTORNi 0j No ary ubtic, hte of Texas 31 After recording return to: sAour documents\miscellaneous\10\annexationsldanny m. schertz 9.00 ac.doc 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 Danny M. Schertz ("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 9.00 acres of land, more or less, situated in the Morris May Survey, Abstract No. Sol, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 14, 2002 from Jessie Schertz to Danny Schertz, filed for record on October 15, 2002 and recorded in Volume 5192, Page 3333 of the Real Property Records of Denton County, Texas. Said 9.00 acres of land, more or less, is commonly known as DCAD Property ID No. 24 7044. 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 team 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; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the sAour documents\miscellaneous\14\annexations\danny m. schertz 9.00 ac.doc 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 Codes as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments,- C. The International Fire Code, good Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; 2 sAour documentslmiscellaneouAI O\annexationsWanny m. schertz 9.00 ac.doc C. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended,- h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and § § 17-141 --- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and M. Moving Buildings, Denton Code §§28-326 -- 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 permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the 3 sAour documents\miscellaneous\I ft mexationsWanny m. schertz 9.00 ac.doc City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43,052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Sever ty. 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. 11 sAour documentslmiscellaneous\10\a.nnexationsldanny m. schertz 9.00 ac.doc 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 Tenn 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 agree/nent As of P y M. Sc4rtz 2010. THE CITY OF DENTON, TEXAS By: C1p ity Manager, Deputy City Manager, or Designated Representative 5 sAour documents\miscell aneous\Mannexations\danny m. schertz 9.00 ac.doc THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of , 20 1 O, by Danny M. Schert2. TOM REEDY WTARY PUBLIC STATE OF TUM THE STATE OF TEXAS COUNTY OF DENTON s Notary Public, State o xas � IV 9 This inst ent was acknowledged before me rn-t day of ,20 1 by K City Manag r/Deputy City Manager/Designated Representati , on behal of the City of Denton, Texas. Notary Public, State of Text N t ry Pub�l State of Texas 4 tiN /eL��//{�i o ry} n 0 jt{ 0 h 31 !i o ti►.y7 t , 'ell APPROVED AS TO LEGAL_.FORM: Eel After recording return to sAour documentAmiscell aneous1101annexationsldanny m. schertz 0.79 ac.doc 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 Danny M. Schertz ("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 0.79 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated June 21, 2004 from Homer S. Schertz, alkla Sam Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; Danny M. Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; Ricky David Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; and Carolyn Schertz Mallard Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust to Danny M. Schertz, filed for record on July 7, 2004 and recorded in Instrument Number 2004-89328 of the Real Property Records of Denton County, Texas. Said 0.79 acres of land, more or less, is commonly known as DCAD Property ID No. 3 7731. 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 CETY') for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and sAour documents\miscellaneousll0lannexationUanny m, schertz 0.79 ac,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 term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm -related and ranch -related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Warps Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); sAour documentslmiscellaneousll Dlannexationsldanny m. schertz 0.79 ac.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; 46 1. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 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 15 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 sAour documentslrniscellaneousl10lannexationsldanny m. schertz 0.79 ac.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; 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. Seyerabi. 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. sAour documents\miscellaneous\10\annexations\danny m, schertz 0.79 ac.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 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 terra 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 agr THE CITY OF DENTON, TEXAS City Manager, Deputy City Manager, or Designated Representative sAour documents\miscellaneous\10lannexationsldanny m. schertz 0.79 ac.doc THE STATE OF TEXAS } COUNTY OF DENTON } ,. This instrument was acknowledged before me on the day of . S3'-Lk�-c 2010, by Danny M. Schertz. Two a" Notary Public, State of Texas THE STATE OF TEXAS I COUNTY OF DENTON I APPROVED AS TIQ..:.LECTAL-FORI1�� ANITA BVR- LESS, CITY ATTORNE R After recording return to: sAour documents\miscell aneous\ 14\annexationsWanny & sandra schertz 5.00 ac.doc 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 Danny M. Schertz & Sandra J. Schertz ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties Being 5.000 acres of land, more or less, situated in the Morris May Survey, Abstract No. Sol, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 28, 2004 from Mrs. Ruby Finch to Danny M. Schertz and wife, Sandra J. Schertz, filed for record on November 1, 2004 and recorded in Instrument Number 2004-141689 of the Real Property Records of Denton County, Texas. Said 5.000 acres of land, more or less, is commonly known as DCAD Property ID No. 2 73 044. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETF) for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; EXHIBIT. o. Z. P. m sAour doe uments\misce11aneousll0lannexationsldanny & sandra schertz 5.00 ac,doc NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the terns 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 faun 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 sAour documentslmiscellaneous\10\ nexationsldanny & sandra schertz 5.00 ac.doc d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j . National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 43 7 and § § 17-141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and 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 sAour documents\miscellaneous\14\annexations\danny & sandra schertz 5.00 ac.doc permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 1 S0-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 to 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. Seyerabil ty. 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. r.� sAour documents\miscellaneous\l.O\annexations\danny & sandra schertz 5.00 ac.doc Section W. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue, Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. S ection 13. Term and Extension. The initial terns 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 25 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 THE CITY OF DENTO , TEXAS By: City Managers Deputy City Manager, or Designated Representative 5 sAour documents\miscellaneous\I0\annexations\danny & sandra schertz 5.00 ac.doc THE STATE OF TEXAS COUNTY OF DENTON THE STATE OF TEXAS COUNTY OF DENTON THE STATE OF TEXAS COUNTY OF DENTON This ins .. ment was ac owled ed before m - �-th2 day of 2� ' b e Y 9 Y I I d Ci�ty Manager eputy ity Manager/besignated Represent t e, on behalf of the City of Denton, Texas. .Nktl ClYlilt/ Plj��fr JENNIFER K. ,,�a�;'.• ,, ��rr,, INALTE R S Notary Public, State of `texas My CommIsslon Expires DF ►rnrr�►� APPROVED AS TQ,,LEGAL'FORM': ....... . ..... ANITA BUR.GES S, CITY ATTORNEY n Y BY. F�. N Yy Publi State of Texas ij After recording return to: sAour documentslmiscellaneousll Olannexationslricky schertz non -annexation agreement. doc 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 Ricky Schertz ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 11.00 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 14, 2002 from Jessie Schertz to Ricky Schertz, filed for record on October 15, 2002 and recorded in Volume 5192, Page 3327 of the Real Property Records of Denton County, Texas. Said 11.00 acres of land, more or less, is commonly known as DCAD Property ID No. 247042. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETF) for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex, Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex,, Loc. Gov't Code section 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; sAour documents\miscellaneous\10\annexationslricky schertz non -annexation agreement.doc 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; d. International Plumbing Code, 2006 Edition with local amendments; 2 sAour documents\miscellaneous\10\annexations\ricky schertz non -annexation agreement.doc e. International Fuel Gas Code, 2006 Edition With local amendments, f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; 1. National Electric Code, 2005 Edition with local amendments. j 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 Codes as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the 3 sAour documents\miscellaneous\10\annexations\ricky schertz non -annexation agreement.doc City for the Property during such period if such application or plan is inconsistent with the Development Plan. The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part• Volunta Annexation. (A) If an owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. owners expressly and irrevocably consent to annexation of the Property under such circumstances. owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address; City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 7. Record. . .. .. . . .......... ing. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. n 01 s.lour documentslmiscell aneouAI ftnnexationslricky schertz non -annexation agreement. do c 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 /Ao*�Sdjr Ricky chertz"-j THE CITY OF DENTON, TEXAS B p f y' City Manager, eputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the I day of , 2010, by Ricky Schertz. ` 4 d = Notary Public, State of Texas I Notary to. 13 5 sAour documentslmiscellaneousll0\annexationslricky schertz non -annexation agreement.doe THE STATE OF TEXAS COUNTY OF DENTON This instru � ent was ae owledged before me the day of ,2q/ by ity Manager eputy City Manager/Designated Representati on behalf o the City of Denton, Texas. ti���� Y AUr�►i JENNIM h, Y ALTERS �`�°a• °+ ��' Notary PLiblia Stm of Toxas APPROVED AS TO LEGAL FORM; ANITA BURGESS, CITY ATTORNEY r Kgry Publi State of Texas R After recording return to: s Aour documents\miscellaneous\10\annexations\sinitli agreement.doc Jennifer Waiters 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 Randal E. and Nancy L. Smith ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" arty" or "Parties", Being 7.287 acres of land, more or less, situated in the J. McNeil Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General Warranty Deed with Vendor's Lien dated August 1, 2005 from Layne Brewer a/k/a Layne J. Brewer and wife, Laura Brewer alk/a Laura J. Brewer to Randal E. Smith and wife, Nancy L. Smith, filed for record on August 8, 2005 and recorded in Instrument Number 2005-97613 of the Real Property Records of Denton County, Texas. Said 7.287 acres of land, more or less, is commonly known as DCAD Property ID No. 17343 7 and DCAD Property ID No. 3 7426, respectively. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction C'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 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 E TJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex, Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton sAour docunientslmiscellaneousllnlannexatioilslsmith agreement,doc NOW, THEREFOR, 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 constriction, 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 sAour documentslmiscellaiieoLisl10lannexationslsmitli 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 — 437 and § § 17-141 --W-- 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 Envirolunental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 sAour documentslmiscellaneousll Dlaiinexationslsmith agreement.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 1 S0-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part• Voluntar Annexation. (A) If an Owner files any application or plan of development for or otherwise cominences 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 S. SeverabIity. 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. Tenn 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 Agreeme=,it shall be the date the Agreement is executed by the City. The Terra may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections Z, and 4 shall survive termination of this Agreement, together With any other provisions, as may be necessary for the implementation of those sections. r . The Parties hereto have executed this agreement as of , 2010. THE CITY OF DENTON, TEXAS By. City MGageofl, Deputy City Aanager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON I This instrument was aclalowledged before me on the �� day of 2010, by Randal E. Smith. T � Notary Pu lic, State o\ Texa 5 s.laur documentsltniscellaneous\I ftimexa#ionslsmith agreement.doc THE STATE of TEXAS COUNTY of DENTON THE STATE of TEXAS COUNTY of DENTON I � This ins ent was acl wledged before me -�th �"� day of �i ,29��, by �d.-� , � ity Manage /Deputy City Manager/Designated epresentat' , on behalf o the City of Denton, Texas. i�''nY a�•'�. JENNIFER K, WALTERS Notary Public, StatO of Texas m My Conitnission Expires �riiii ►'�, APPROVED AS To LEGAL ,F.ORM.:-. ANITA BURGESS, -CITY ATTORN-- W, ary Pub , State of Texas