HomeMy WebLinkAbout2010-033sAour documentslordinances1141dh-1 accepting non annexation agreements.doc
ORDINANCE NO. 2010-033
AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE NON -ANNEXATION
AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND
USE PROPERTIES WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE'
EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED
AS DI I-1 of APPROXIMATELY 315 ACRES LOCATED EAST of H. LIVELY ROAD,
SOUTH SIDE OF FM 2449, WEST SIDE OF JOHN PAINE ROAD, AND MORE
SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 43.061, Subchapter C -1, Local Government Code, a
home rule city is authorized to annex certain areas that are not required to be in an annexation
to
plan, and the City desires to pursue annexation of DH-1, as hereinafter described; and
WHEREAS, Section 43.035, Subchapter B, Local Government Code requires the City to
make offers of non -annexation development agreements to the owners of all properties which
40
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 have executed such non --annexation agreements but
there remain defects in the legal description of such properties; and yet others owners to whom
notices have been sent have not executed the agreements within the allotted period of time,
thereby declining the City's offer; and
WHEREAS, the City and the owners of eligible properties with insufficient legal
descriptions are in the process of correcting 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;
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\IO\dli-I accepting non annexation agreements,doc
SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits
of the City of Denton, Texas, known as DH-1, is described in Exhibit "A", attached hereto and
incorporated herein, and depicted in Exhibit "B," attached hereto and incorporated herein (except
that if there is conflict between the Exhibits, "A" shall control).
SECTION 3. Certain non --annexation agreements relating to eligible properties within
that parcel identified as DI I-, 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 Exhibit "C".
SECTION 4. The City Manager is authorized and directed to sign the non -annexation
agreements contained within Exhibit "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 DH-1,
the City Manager is authorized to rescind the City's action accepting said non -annexation
agreements within six months of the effective date of this ordinance should any property owners
subj ect to the agreements so desire.
SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
SECTION 7. This Ordinance shall take effect immediately on its passage.
AND IT IS SO ORDERED.
Passed by the City Council reading this 9"' day of F
ATTEST:
JENNIFER wALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Page 2
EXHIBIT "A"
Annexation Tract DHI
ALL those certain lots, tracts or parcels of land lying and being situated in the County of
Denton, State of Texas and presently being embraced by the Denton city limit boundaries
of record and established by the annexation ordinances as follows: Ordinance 2001-451
and Ordinance 2006- 205; and being more specifically described as follows:
DHl
BEGINNING at a point at the southeast corner of C Wolfe Road and FM 2499, as
described in ordinance 2006-205, South Tract, as the northwest corner of said Tract;
THENCE by a series of metes and bounds as described in said ordinance and listed
herein:
Easterly with the south right-of-way of Farm Road No. 2449 as follows:
North 45'
10'
52"
East, 41.5 8 feet;
North 89'
46'
37"
East, 679.48 feet;
South 84'
30'
45"
East t, 100.50 feet;
North 89'
46'
37"
East, 200.00 feet;
North 84'
03'
59"
East, 100.50 feet;
North 89'
46'
37"
East, 1462.48 feet;
THENCE South 000 16' 13" East, 711.07 feet with a west line of an 18.28 acre
tract to a point for a corner of said 18.28 acre tract;
THENCE North 890 45' 23" East, 1119.68 feet with the south line said 18.28 acre
tract to a point for a corner at the southeast corner of said 18.28 acre tract;
THENCE North 00' 12' 56" west, 710.67 feet with the east line of the aid 18.28
acre tract to a point for a corner at the northeast corner of the said 18.28 acre tract in the
south right-of-way of said Farm Road No. 2449;
THENCE North 89' 46' 37" East, 4616.62 feet to a point for a corner;
THENCE South 00' 09" 33" west, 1652.60 to a point for a corner;
THENCE North 89' 28' 3 5" west, 254.68 feet to a point for a corner;
THENCE South 00' 24' 30" west, 2169.07 feet to a point for a corner;
THENCE South 89' 56' 06" East, 3151.06 to a point on the west edge of John
Paine Road;
THENCE South 00' 33' 24" west, 5406.60 feet with the west edge of John Paine
Road to a point also known as the southeast corner of the property described in
Ordinance 2006-205, South Tract;
THENCE easterly across John Paine Road to a point on the westerly line of the property
described in ordinance 2001-451, also being the easterly right-of-way line of John Paine
Road;
THENCE northerly along the easterly right-of-way for John Paine Road to a point
described in ordinance 2001 -451;
THENCE North 44' 41' 34" East, 185.77 feet to a point described in ordinance 2001--
451 as a point in the north property line of a Petrus, Tract I land and the existing southern
right-of-way of FM 2499;
THENCE North 89' 53' 51" East, 245.46 feet crossing the existing fight -of -way line for
FM 2499 and being the southwest corner of the Petrus Tract III land as described in
Ordinance 2001-451;
THENCE westerly along the north right-of-way of FM 2499 to a point described in
Ordinance 2006-205, North Tract, being at the intersection of the north right-of-way pr
FM 2499 and the east right--of-way of C. Wolfe Road;
THENCE southerly to the Point of Beginning.
City of Denton, Texas
DH 1 - 315 Acres
r7 NICHOLS
Feet
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 it r f Denton, Texas (the "City") and
n ` s `Owne he property owners of the hereinafter described
property (the "Pro erty") in Denton County, Texas, somet'mes individually or
collectively referred to as "Party" or "Parties'.
That property described in a deed to _Eod Lee, AF jllrk�which is recorded at
vol. page I7�I�,4A5 of the Deed Records of Dent County, Texas, and
commonly known as Tax Parcels No. OC$Oe, 1DeJ0W15_,which is attached
hereto as Exhibit A, consisting of approximatelyV. 961s of land.
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 C ity' s extraterritorial
jurisdiction ("ETY') for the term of this Agreement;
WHEREAS, Owners and the City aclmowledge 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;
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, 1 999-2020, 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;
Pa
e. International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments.
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
§§28-383 — 437 and §§17-141 -- 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 -- 457; and
M. Moving Buildings, Denton Code §§28-326 — 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
(5) Applicable water and wastewater connection, construction and on -site
operation requirements, contained within Chapter 26 of the Denton
Code of ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton Water and Wastewater Criteria Manual,
as amended, and as supplemented by the Texas Water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 30 of the Denton Code, as amended, and
subchapters 17 through 19 of the DDC, as amended, the Denton
Drainage Criteria Manual, as amended, and as supplemented by
requirements of the Texas Water Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards of
the Texas Commission on Environmental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
(7) Gas Well platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22 of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
3
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. 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 . e . ent shill be�for a
period of five (5) years from the Effective Date (the_:""'Tenn"). The Effective Date of e
Agreement shall be. the date the Agreement is executed by= the° ;;City:: ' The Term may, e
extended upon mutual agreement of the Parties. 14,
Section 14. Survival of Covenants. The coveralall
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
TIE STATE OF TEXAS
COUNTY OF DENTON
5
Owners
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FoojoAde�Mt&MAiA.11,Prest&(�1
THE CITY OF DENTON, TEXAS
By-.( < 4a
City Manager, Deputy Ci y Manager, or
Designated Representative
'4This instrument was
))-A,�4 2 by
aager puty City Manage
,--Texa .
Tr
nstrume was ac ovuged before me on the � day o u ,
2do , by � �e _le �
o Publ' , State of Texas
This instrum nt �w�as�a knowledge before me on the � day of o� c ,
20�, by
A dab
NORMA L HENNESSY
Icy Commission Expires
July S, 2013
rec tow+
THE STATE OF TEXAS }
COUNTY OF DENT ON }
acIcno dged before e on the �y.,�-
city
r esignated epresentative; an behalf of the city of Dentan,
no
L-
LNAary Puff ,State of Texas
Now own
Exhibit A to Development Agreement
EMU131T "'Am