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HomeMy WebLinkAbout2010-034sAour documentslordinancesl10\0-2 accepting non annexation agreements.doc ORDINANCE No. 2010-034 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 DH-2 OF APPROXIMATELY 258 ACRES LOCATED ON THE SOUTH SIDE OF UNIVERSITY DRIVE, WEST AND EAST SIDES OF THOMAS J. EGAN ROAD, NORTH OF JIM CHRISTAL ROAD, WEST OF MASCH BRANCH ROAD, AND MORE. SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan, and the City desires to pursue annexation of DH-2, 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 have executed such non -annexation agreements but there remain defects in the legal description of such properties; and yet other-s owners to whom notices have been sent have not executed 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 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 documentslordinancesl10ldh-2 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-2, is described in Exhibit "A", attached hereto and incorporated herein, and depicted in Exhibit "B," attached hereto and incorporated herein (except that if there is conflict between the Exhibits, "A" shall control). SECTION 3. Certain non --annexation agreements relating to eligible properties within that parcel identified as DH-2, 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- `7 " 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 S. In the event the City Council does not annex that parcel identified as DH-2, 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 5. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. This Ordinance shall tale effect immediately on its passage. Passed by the City Council reading this 9th day of Februarv. 2010. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR ED A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 0- BY: Page 2 EXHIBIT "A" Annexation Tract DH2 ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows: Ordinance 1969-40 (Tract I), Ordinance 1974-3 6 (Tract V), Ordinance 1982-52, Ordinance 1983-90, Ordinance 1986-48, Ordinance 1986-102, and Ordinance 2002-29; and being more specifically described as follows: DH2 BEGINNING at the northwest corner of the subject property, this point being the northeast corner of property described in Ordinance 86-48; THENCE South 00' 10' 2 7 " west, 1886.11 feet to a point for a corner; THENCE South 89' 59' 47" East 1174.8 feet to a point in Egan Road; THENCE South 09' 03' 21" East with said Eagan Road 1400 feet to a point (steel pin) at the intersection of Egan Road and Jim Christal Road, being on the South side of the E.A. Orr Survey; THENCE along the centerline of Jim Christal Road in a ser41 ies of metes and bounds, more completely described in ordinance 83 -90; THENCE to a point in Jim Christal Road described as the southeast corner of the property described in ordinance 86-102; THENCE North 00' 11' 40" west, 3031.04 feet to a point called the northwest corner of the property described in Ordinance 86-102; THENCE South 89' 28' 48" East, 1486.80 feet to a point described in ordinance 86- 102and called the northeast corner of the property described in said ordinance, also being the northwest corner of the property described in Ordinance 2002-029; THENCE South 89' 49' 18" East, 394.07 feet to a points THENCE South 8 8 ° 2 5' 54" East, 5 9. 94 feet to a point; THENCE South 890 37' 36" east, 659.22 feet to a point for a corner; THENCE South 00' 05' 23" East, 1698.40 feet to point for a corner; THENCE South 89' 03' 32" west, 143.14 feet to a point for a corner, THENCE South 00' 33' 00" East 16.57 feet to a point for a corner; THENCE South 00' 3 3' 00" East 992.15 feet to a point for a corner; THENCE North 89' 50' 43" west 792.69 feet to a point for a corner; THENCE South 00' 28' 20" East, 452 feet to a point in the centerline of Jim Chrisal Road, also known as the southeast corner of the property described in ordinance 2002- 209,said point also being on the north line of property described in ordinance 69-40 (I); THENCE easterly along the northern line of the property described in Ordinance 69-40 (I) to a point described in Ordinance 82-52 as the southwest corner of said property; THENCE northerly along the west property line of the property described in ordinance 82-52 to the northwest corner of said property at which point the property intersects with the south property line described in Ordinance 74-3 6, Tract V; THENCE following the south property line of the property described in ordinance 74-3 6, Tract V to the Point of Beginning. REESE Cityof Denton, Texas rm'<'PJICHOLS DH 2 = 258 Acres N w E Feet 0 400 800 1,600 2,400 s After recording return to sAour documentslmiscellaneous1141annexationslmark & linda cole non -annexation 1.21 ac.doc Jennifer Walters City Secretary 215 E. McKinney Denton, Tx 75201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON -ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and Mark E. Cole and Linda J. Cole ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties" Being a called 1.21 acre tract of land, more or less, situated in the G. Barb Survey, Abstract No. 208, Denton County, Texas, and being part of a 19.109 acre tract of land, more or less, described in that certain Warranty Deed with Vendor's Lien dated January 5, 2001 from Donald G. Cole Family Limited Partnership to Mary E. Cole and wife, Linda J. Cole, filed for record on January 9, 2001 and recorded in Volume 4750, Page 737 of the Real Property Records of Denton County, Texas. Said 1.21 acre tract, more or less, is commonly known as DCAD Property ID 161448. 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 sAour documents\miscellaneous\10la.nnexationslmark & linda cote non -annexation 1.21 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 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 sAour documents\miscell aneous\14\annexations\mark & linda cote non -annexation 1.21 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 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. 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\miscell aneous\1 Mannexationslmark & linda Cole non -annexation 1.21 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 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part Volunt Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 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 Is 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. sAour documents\miscell aneous\I0\annexations\mark & linda cote non -annexation 1.21 ac.doc S ection 10. Change in Laver. 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 10 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. 00)e Marls E. e r Li da J. Cole Z' THE CITY OF DENTON, TEXAS y: City Manager, Deputy City Manager, or Designated Representative 5 s:\our documentAtniscell aneous1101annexationslmark & linda cote non -annexation 1.21 ac.doc THE STATE OF TEXAS COUNTY OF DENTON I This instrument was acknowledged before me on the day f .� g y os 2010, by Mark E. Cole. a Notary Public, State of Texas COUNTY OF DENTON THE STATE OF TEXAS COUNTY OF DENTON Ohiinstrum t was ac owledge efore m o�ri the ._,... day of �/&-520 by . 9 City Manager eputy City Manage/Designated Representative, n behalf of fhe City of Denton, Texas. -101 . Notary Pub1lo, State of Texas ��. .# �.- My Commission Expires �. December 19, 2010awl -to APPROVED AS TO LEGAL FORM: ANITA BURGESS, -CITY -ATTORNEY B J'v I c) N t ry Pubf Late of Texas on After recording return to: s.\our documents\miscellaneous\10\annexationslmark & linda cole non -annexation 6.07 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 Mark E. Cole and Linda J. Cole ("owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as `Party" or "Parties": Being a called 6.07 acre tract of land, more or less, situated in the J.F. Meyers Survey, Abstract No. 1699, Denton County, Texas, and being part of a 19.109 acre tract of land, more or less, described in that certain Warranty Deed with Vendor's Lien dated January 5, 2001 from Donald G. Cole Family Limited Partnership to Mark E. Cole and wife, Linda J. Cole, filed for record on January 9, 2001 and recorded in Volume 4750, Page 737 of the Real Property Records of Denton County, Texas. Said 6.07 acre tract, more or less, is commonly known as DCAD Property ID 36611. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETY') for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreements 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 lb 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\14\annexationslmark & linda tole non -annexation 6.07 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 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 sAour documents\miscell aneous\I0\annexations\mark & linda cole non -annexation 6.07 ac,doe 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\10\annexations\mark & linda cote non -annexation 6.07 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 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 A.TTN: 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. Seyerabilit. 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. '1 s:\our documents\miscellaneous\IO\annexations\mark & linda cole non -annexation 6.07 ac.doc Section 10. Change in Law. No subsequent change in the laver regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five (5) years from the Effective shall be the date the Agreement is mutual agreement of the Parties. Date (the "Term"). The Effective Date of the Agreement executed by the City. The Term may be extended upon Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of , 2010. THE CITY OF DENTON, TEXAS By. City Manag r, Deputy City Manager, or Designated Representative R sAour documents\miscellaneous\14\annexations\mark & linda cote non -annexation 6.07 ac,doc THE STATE OF TEXAS COUNTY OF DENTON THE STATE OF TEXAS COUNTY OF DENTON THE STATE OF TEXAS COUNTY" OF DENTON his tinstrutgent was a kno�vled d before e'..or the- , Y - Q da o �� by ... . ... ....... . ......... .... .. .. . . _ - �. .. .. ................. Ma ag r/Deputy City Mara er/Designated Representativt. on behalf of the City of Denton, Texas. Notary Public State of Texas w My Commission Expires December 19, 2010 APPROVED AS TO LE ANITA BURGES-S;W'-IT r BY: AL FORM: 'ATTORNEY t � � &iary P J'- c, State of Texas Ri After recording return to: sAour documents\miscell aneousl1Dlannexationslmark & linda cote non -annexation 11.829 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 Mark E. Cole and Linda J. Cole ("Owners"), the property owners of -the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties". Being a called 11.829 acre tract of land, more or less, situated in the J.F. Meyers Survey, Abstract No. 1699, Denton County, Texas, and being part of a 19.109 acre tract of land, more or less, described in that certain warranty Deed with Vendor's Lien dated January 5, 2001 from Donald G. Cole Family Limited Partnership to Mark E. Cole and wife, Linda J. Cole, filed for record on January 9, 2001 and recorded in Volume 4750, Page 737 of the Real Property Records of Denton County, Texas. Said 11.829 acre tract, more or less, is commonly known as DCAD Property _1D 36605. 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 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; .... ........ sAour documents\miscell aneous\IO\annexations\mark & linda co le non -annexation 1I.829 ac. doe 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. Governina 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); (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 documents\miscell aneous\IO\annexations\mark & Iinda cote non -annexation 11.829 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 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. 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 doeumentslmiscellaneous1101annexationslmark & linda cole non -annexation 11.829 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 180-day period during which the Development Plan is in effect. Section S. Agreement Deemed Void in Part; Voluntga Annexation. (A) If an owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may them 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. 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. LI sAour documents\miscellaneous\IOlannexationslmark & linda coie non -annexation 11.829 ac.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 executions 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 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 t,2 52010. Owners Mark E. Co � nda J. COVy THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative 5 sAour documents\miscellaneous\10\annexations\mark & linda Bole non -annexation 11.829 ac.doc N TIC STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the LA day of- u , 2010, by Mark E. Cole. R ORES s.. w IWaL�I t, �tl i .t THE STATE OF TEXAS } COUNTY OF DENTON THE STATE OF TEXAS COUNTY OF DENTON This instrurpent was cknowled ed before eon the day o4 520 , by City M4q@gg/De uty City Man -a er/Designated Representati , on behalf 'of the City of Denton, Texas. ,,';`�+�►, JENNIFER K. WALTERS ,� Y F��j �� Notary Public, State of Texas ti « My Commission Expires December 19, 2010OM 00- APPROVED AS TO LEGAL FORM: ANITA BURGES.S,- CITY ATT RNEY No ry Pub14,,[State of Texas rol After recording return to: sAour documents\miscelIaneouAI ftnnexations\mark & linda cote non -annexation 8.0 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 Mark E. Cole and Linda J. Cale ("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 8.000 acres of land, more or less, situated in the J. F. Myers Survey, Abstract No. 1699, Denton County, Texas, and being more fully described in that certain Cash Warranty Deed dated April 18, 2000 from. Donald G. Cole Family Limited Partnership to Mark E. Cole and wife, Linda J. Cole, filed for record on April 18, 2000 and recorded 10 in Volume 4571, Page 1057 of the Real Property Records of Denton County, Texas. Said 8.000 acres, more or less, is commonly known as DC',4D Property ID 22553 7. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETY) for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the owners and their respective successors and assigns for the term of the Agreement, WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the 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; NOW, THEREFORE, in consideration of the mutual covenants contained Parties hereto agree as follows; herein, the sAour documents\miscellaneous\IO\annexations\mark & Linda cole non -annexation 8.0 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 Agreements 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 Ip incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Govemments 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; s:\our documents\miscellaneousl101annexationslrnark & Iinda cote non -annexation 8.0 ac.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; 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 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\mark & linda cote non -annexation 8.0 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 VoluntaKy 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 4. 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. Chan e 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 documents\miscellaneous\10\annexations\mark & linda cote non -annexation 8.0 ac.doc Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Co11 pies. 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 THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative sAour documentslmiscell aneousll Dlannexationslmark & find cole non -annexation 8.0 ac.doc THE STATE OF TEXAS COUNTY OF DENTON THE STATE OF TEXAS COUNTY OF DENTON THE STATE OF TEXAS COUNTY OF DENTON This instrument wasi ackn W ged before _ e-iun the day o 20/0, by 61 CC City Manage eputy City Mana er/Designated Represenfalive, on behalf of the City of Denton, Texas. _ ,'►'.'►r►►''' JENNIFER K, WALTERS Notary Public, State of Texas . .10,4 My Commission Expires , ;i�December 19, 2010 APPROVED AS TO LEGAL FORM: ANITA BURGES S . CITY ATTO EY s �w. � n 4 , Ncory Publi State of Texas Ze After recording return to: Jennifer Walters City Secretary 215 E. McE-inney 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 Brent J. Knipfer and spouse Shuan Kn.ip fer ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as arty or Parties": That property described in a Warranty Deed with Vendor's Lien to Brent J. I nipfer and spouse Shuan K� nipfer, which is recorded at instrument number 2001- R0002349 of the Real Property Records of Denton County, Texas, attached hereto as Exhibit A. and commonly lmmwn as Tax Parcel No. 216450, consisting of approximately 3.00 acres 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 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 tern of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the 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; Now, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: rrr:. 3:? ;w iri 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 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 4. judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. El 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 14. Chan' ge 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 'es. 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 / /d THE STATE OF TEXAS COUNTY OF DENTON 5 THE CITY OF DENTON, TEXAS By. City Manage , Deputy City Manager, or Designated Representative ti This instrument was acknowledged before me on the day of-- 20 �, by CA-rHY L. SMITH Notary Puhiic !� 09- Nota414,State of Texas THE STATE OF TEXAS COUNTY OF DENTON This i . strument was apkpowledged before me on the day oft". , 20 10 by,:5 A It jl� AfHY L, SMITH i Notary PUblic STATE OF TEXAS _ �My omrn,xra. 094 9-1 o Notary "blState of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was ackno dged before me on ,the da of s�5 by C manager putt' City Manager/Designated epresentative, on behalf of the City of Denton, Texas. ti•�' �%VYV Ga�,o JENNIFER K, WA:Expires I�S Notary Public, StateTexas ' * My Commission December 19,1 D APPROVED AS TO LEGAL 'FORM-* ANITA BURO.ES-S CITY ATTORN 31 lzd )Q P la—1 o lary 4b#, State of Texas 4749 010109 02159 LOAN No, a3 8v WAJUMNTY DEED VVITH VE"ORIS LIEN Date! OSOEMBER l20E0 FATCO Grtlntat, STEVE SCRtBNFA AND MICHEL.LS SCRIONMOO2349 Grantors Wing Addren (Including county). HRENT J. XNIPPER and SPOUSE SHUAN KNiPPER arantes'a 14111100 AddMU (Inetud1001 COUIn#g); 4e2 TI` WAS 4., EQAN ROAM, DENTON, TWW T�DT, DENTON COUNTY, *rE.?cAS Cunsjf$g one TEN AND DOLLARS qnd other good and valuable conalderavart, *�d a Mato of even dote #hat Is In the phnolpai amount of $195,624.40 , and Ia axeNtod by GmMoo, payabla to the ardor of WELLS FARGO HOME MORTGAGE, INC.. Th■ Nato Is odour d by a Vendor's Lien ratalned in favor of WELLS FARGIO HOME MORTGAGE, INC, in this Deed dnd by o Clod of TrUat of evrn data from Grantor to DUDLEY 890LC5, TRUSTI E(S). , AND YHE FURTHER CONSIONRATION AND DEUVERY bytho GRANTEE horeln ofthat one amain Nate ofoven We horewtth In tho artglriel principal sum et $^600,00, payahleto the ordorot GVARANYY FEDERAL BANK, F68681,+dub in auoordsnee with the term end at the ltdeam d rota ss in Bald Nate prevtdHi; sold Note baing avoured by the Vandaer, LJea horoln retained artd additionally seoumd by a Deed of Trust of 6ren date here tt► to MARK A CRAWFORD. f> TRUSTF. (ft, acid Nate and Ilens aeau ring ha payment being suSDADINATE AND INFERIOR to the $1954520,00 Note her0nabove deooribod and the Ilan* souring Ks payment, prop" (Including any Improvementa): LOT 14 BLOCK I p SCRIBNER ADDITIONF AN ADDITION TO THE CITY OF QENTON, DENTON COUNTY9 Tom, ACCORDING TO THE PLAY THEREOF RECGROED IN CASINETI, PAGE 49 OF THE PLAT RECORDS OF DENTON COUNTY, TEM. Reffewdens from one# tx=ptlono to conveyance and Womnnty; - �! TMtSCONVOYANOE!lS=CUTEQ,DWVFREDANDACOP. ffDBUEUECTTDAOVALgREMTMEOPCnT"CuRNRNT , ROLL8A0KTA)0 DUE TOTNIS COHVEYANCO OR GRAB ue8 OF TICS OUBrF.cT FA0PARTY MAINTMOR FUND LIENS, ZONING ORDINANCIIE, OLITY 015TRIOTAGGESSMENTO AND 4TANo9Y FEED, I)" ANY, ANYAP ALL VALID LiT U Y EASEMENTS GNEAT60 BY THE CEOIaAYICM 0E10 DR PLAT OF THE SUnDIVIMDN IN WHICH SAID REAL PROPERTY Id LCCATEVI RECOROW EASS\MTS, RESERVATt4ND MINgRALREESIRVATIONSAND LEABU, REBTRIGTION8.00VENAiNTS, CONDMONB, RIGHTS GF WAY ILASEMEM IF ANY, AFF90TINO YHB HERFUN ©ESCRIgED PROPERTY. atantor, for the conaidaretion and subjvotto th o reservations from and exceptlana to aonvoyanoe and warranty, Brame, eelis, and convoys to Oranteetho property, tag thar with all and etnguiar thv rights and appurtotanm thwratu to any wee botonging, to have and hold It to grantee, drantao's heirs, oXecutorv, Administmtora, SUc aaoore, or wtona forever. Glahtor hoTehy binds arantor anti aranto?o heirs, exoautre, edminlattstora, and suacaasors to warmnt and forove r dafand all and cingulartho prape4 to Grantsa and OwNe`s heirs, smoutors, odminlatrstore, uccessora and assigns, ageind every parson whomsoever lawfully atelming or to claim the *erne a any parrtthereof, exeapt es to the reservotiane from end ax4ap'dona to warranty. Thevendoea lien agulnet and suporlortltle to tha pro $rty are ratalned until oath mote desw1bod Is fully paid occarding to lit terms, atwhloh Urn* this dsed ahOli boo ama %1alute. When the contact requires, singular nouns and pronouns Include tha plural, Tho sold Vandsr's Lion and Superior Titio harm retalnod are hereby UtWefmd, eggloned, sold and conveyed to WELL6 FARGO HOME MORTGAGS, INC., its sucoeasors and assigne, the Paye+ named In cold Note, without r nurse on Grantor. Wk. BTEVE BCRIBdER Ac E "CR cIMOW109MO) 4749 02160 r0N to of f j&dlY ThW tn4nn wtt was agr� d USA CAE HIt WIV PublIO, Ste Of Texas BON 12-19-2 Notory a � � a ma (pnnt� ).' Irm ..y, MV CommMn GMmm41W "fat A"M PIC0RDP4 RXaTUAN TO ORSW J. KNIPf6R ' 402 WOW 4, EGM ROAD TOTAL P,03 •ar�•�v .. tr.+i :�9'. f"•-w+�L:M^iryi+lyN..�r.rw•r+r►-�—rw : •e7'�i�.' � y: • •.. •• r- • a � r•titi' ,��. r..i`.taLt--•. w a.•r . � y � � : .. ... r 474.9 02161 t w 18A Mlyr'IV �"I THIA �1tCOLL, COUNTY CLERK an Jan as Ent At 4303PS Receipt #: im Rsearz� ing� '�. �0 Due/Nun i 2001—H M349 Doc/Type t WI) t { Deputy -.Christy a s 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 Edith Lindley ("Owner"), the property owner of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Two parcels of land totaling approximately 22.77 acres, described in the Denton County Appraisal District records as A0208A G. BARB, TR 5, 4.3 ACRES and A0514A S. HUIZAR, TR 27, 18.47 ACRES, OLD DCAD TR 4A, commonly referred to in the Denton County Appraisal District records as Property IDs 36622 and 60825, ' bath located within the 29.982 acres of property described in a Quitclaim deed to H.M. Lindley and wife Edith Lindley, recorded at vol. 795 page 446 of the Deed Records of Denton County, Texas, but excluding 7.21 acres described in the Denton County Appraisal District records as A0514a S. Huizar, Tr 27, Old Dead Tr 4a, which is already located within the City limits, and is not a component of this Agreement. The noted Quitclaim deed and referenced appraisal district records are attached hereto as Exhibit A. WHEREAS, the City has initiated 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 terns of this Agreement; WHEREAS, Owners and the City aclulowledge 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 agriculture use pursuant to Tex. Tax Code chapter 23.C; 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 farin 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 Relations (A) 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 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, as amended pursuant to The Denton Plan, 1999-2020, as amended. For purposes of evaluating any proposed development of the Property under these zoning standards, the regulations of the lowest intensity single-family residential district (RD-5) shall be used (ref. Denton Development Code ("DDC") §35.16.8.G.);. (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). 2 (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§17-141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and 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; and (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 3 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 Enviornmental Quality, as amended. (B) If, pursuant to this Agreement or following termination of the Agreement, portions of the Property are annexed to the City, the Parties further covenant and agree that the use and development of such land thereupon shall be subject to the regulations of the lowest intensity single --family residential district or agricultural district (RD-5) and the subdivision regulations then in effect. In the event any portion of the Property following annexation is rezoned consistent with the City's approved Comprehensive Plan, as may be amended fiom time to time, the use and development of such land shall be governed by the regulations of the zoning district to which the land is reclassified and the subdivision regulations in effect at the time of approval of such rezoning. Section 4. Agreement Deemed Void in Part • Voluntary Annexation. (A.) If an owner files any application 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 become null and void, except as herein expressly provided for. (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. The 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. (C) Any development application that is submitted to the City for the Property duping the term of this Agreement or during any extension, that is inconsistent with the development plan and governing regulations, shall be denied based upon such plan and governing regulations, which collectively shall constitute regulations in effect at the time such application is submitted. The owners expressly Waive any vested rights that might otherwise arise under DDC §35.3.8, as amended, Tex. Loc. Gov't Code section 43.002, as amended or Tex. Loc. Gov't Code Chapter 245, as amended, or their successor ordinances or statutes, from the submittal of such inconsistent development application. The owners further agree that no use commenced or completed on the Property that is ►I inconsistent with the development plan shall be considered established or in existence prior to the date that the City annexes the Property pursuant to this section. Section 5. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 6. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 7. Seyerablit . 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 8. 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 9. 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 10 Venue. Venue for this Agreement shall be in Denton County, Texas. Section 11. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 12. 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 13. Zoning Regulations. Upon annexation, zoning for the Property shall initially be subject to the restrictions applying to the lowest intensity residential or agricultural district (RD-5), until an appropriate change in zoning is made pursuant to Chapter 211, Tex. Local Govt. Code or successor statute. owners hereby waive any and all vested rights claims that they may have under DDC §35.3.8, as amended, Section 43.002(a)(2), as amended and Chapter 245 Texas Local Goveriunent Code, as amended, that would otherwise exist by virtue of any actions owners may take between the tennination of this Agreement and the completion of annexation proceedings by the City. Unless the City declines to annex the land, the development plan and governing regulations shall apply to any proposed development application prior to completion of annexation proceedings and the adoption of permanent zoning regulations for the Property, and the development plan and governing regulations shall be kept in effect for such purposes. Section 14. Survival of Covenants. The covenants in Sections 2, 4, and 13 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 ucw�^u L/9" Owner Edith Lindley THE CITY of DENTON, TEXAS City anager, Deputy ity Manager, or Designated Representative THE STATE of TEXAS COUNTY of DENTON This instrument was aclmowledged before one on theqfh day of 20 1 , by Edith Lindley. ►►1►►1i++ s , STHAN1EYNN C�,MMpNS V' '4;!"" Notary public, State of Texas My Cam missinr� expires ". ►`�� Febt �, 2013 Notary Ablic, State of exa +rrl;;►1 :J THE STATE of TEXAS COUNTY of DENTON This instrument was acknow dged vef -e ,e on the day of LtL AA &I I 52q�) 5 by ci je-Drbeputy City Manager/Designated eresentat e, on behalf of the Ci of Den Texas. Tom— s � i rNr A NIFER K. WALTERS %�`�4.��Y P hi����4 JEN� �` ';`'�� Notary Public, State of Texas Au '!Fw~ My Commission Expires or t�, �� tart' 1' 1C, State of Texas ►,�t��� camber 19, 2010 � i wr..-.ww.+ra+.rV. =.•.. u�.�:p �w+.f r.�:. r . .. a a � .. � .+.,. rw�wr.. v � v; a 4 Prepared by the State 13ar of Toxas for use by Lawyers Only. 8 73-�5M NTo select the proper form, fiUL in blank spaces, ate-ike out form provi�ons now insert apeaiad terms conatitutee th-e practice of law. No "-standard ' f 0 m'" oan tineet all requirements, • QUITCLAIM' DEED 4 i VOL 815 MOM-F^ THE STATE OF TEXAS =0 RECORDS • ` KNOW ALL -MEN RY THESE PRESENTS:, COUNTY Off` DENTON -�--- That Io TONY TGDORA mow of the County of..... Denton.. State of.... TeX *! for and in consideration of the sutra of., lB 0.0 ..TEN..MD...N0. 10 Q:�---�-�---�-----�-�---w-�--�_------.� ...�� ... ,�. ,,�................................,......•..............,..DOLLARS LL in hand paid by the grantee /.s herein named, the receipt of which Is* herebyachnowled ed have QUIT- g � � CLAIMED, CLAIMED, and -by these presents do QUITCLAIM untoL1ND144Y...ADA„....r.,............................ ED I TH "LINDLEY ....... of the .............. 4........ ........f....••rs..r.=//............ .r•.,.r./..../............s..s..................................... s.......s......... ..s.....,.. •+...... a.. s. {y / - County of....... Denton State f...... Texas my— ..........•............................/...•..............,f to o..................................., all of.....'y jj Now ..,.... title title and interest in and to the following described real property situated in ......... Denton ...................County, Texas, to-wit,All that certain tract or parcel of land situated in the So Hui zar _ Survey, Abstract 514, and the G. H. Barb Survey, Abstract 208f Denton County, Texas, being part of a certain 210.7 acre tract deeded by Rogers to Marrs recorded in volume 224f page 490, and being the same 30wacre tract deeded by M. C. Shepard to H. M. Lindley on March 20f 1948, recorded in Volume 344, page 1.02, Deed Records of said County, and being more particularly de- scribed by metes and bounds as follows; � BEGINNING at a fence corner at the Southwest cornea of said Marrs Tract; TUNCE North 30 14' 10;" East with said fence and the West line of said Marrs Tract across at 116.7 feet -the North boundary lime of said Barb MCI Survey and the South boundary line of said Huitar Survey, a total, distance M. of 811.65 feet to a 'fence corner on the South right -of --way of U. So a Highway 380; THENCE South 850 25' 301' East with said fence and said right-of-way 1653. 28 feet to a steel pin at a fence corner; . ' THENCE South 30 10' 10" West with said, fence and recrossing the South boundary line of said Hua.zar Survey and the North boundary Line of said .= Barb Survey, a distance of 76$.32 feet to a steel, pin at a fence corner; THENCE North 860 55' 401" West along and near said fence 1653,73 feet to the place of beginningr containing in all.29.982 acres of Land. TO HAVE AND TO HOLD all of....? W............right, title and interest -in and to the above described property • and prexruses.unto the said grantee.s., ,.theax..../heirs and assigns forever, so • that neither ..MY...............nor -my ..... heirs, legal representatives or assigns shalt have, claim or demand any right or title to the aforesaid property, premises or appurtenances or any part thereof. EXECUTEDthis......... . ...............day af..;..,.................:.::............•................ . D. 19.Tony �..,.., .r C-D CD .W_ M5 L �s (Acknowledgment) r s THE STATZ OF TEXAS e s^ COUNTY OF DALLAS Before me, the undersigned authority, on this day personally appeared TONY TODORA known to me to be the person ........ whose name ........ ,.:�,....subseribed to the foregoing instrument, and acknowledged to me that ` he ...,. executed the same for the purposes and consideration therein expressed. Given under my hand and seat of office on this the YX day of , July A. D. 19 76 s•1*�V,0 a it 'ff • �l�i���{:rlr ..s i..�i:an.....rr�i.t3 .4.6 *r.•sa..•a0 s taara•1.11.e•.r.s..geel06.••.•.•96.4 ' �1 •,,,, ,,, 1 Notary Public in and for Dallas County, Texas. r � � r a• F � • II � � � • L • '. •� ti ++ +5++ j . (Acknowledgment) THE STATE OF TEXAS COUNTY OF . Before me, the undersigned authority, on this da►y, personally appeared known to me to be the person........ whose name ....... ..........subscribed to the foregoing instrument, and acknowledged to mo that i he executed the same for the purposes and consideration therein expressed, , E � r Given under my hand and anal of office on this the day of , A,, D, xg . • + , ass••as•a •• rrsar a•ar•r•a+an■s•a.•••a•a•srt••►aa•raraaasas•a..aaaaaaraaassn+rra+raFara•.ra•aaaa•+r•rar•r,era , Notary Public in and for - County, Texas,, • • a P w 92 rA W .; a + TO �N ' A noFILED FOR w y. 0 a ,..,l. T A , f�L�j�i�� � adi w �,L � � 9 . Jul.. s PH 2 Hoy 04 ew'47, LVOL ►• p.J ttf •►•F•r }NY � t,a+•hia+w r • r-r •r■•asa• a rr.+• ^ r .a.•.r r• w+ .r.+.�► •s r►. �ar..+i.rw+.. r r► •...r.rr w.,r..�M+r.r+++•►•w .,• _•cr.era...-��r -r•. `�' 7'Y s. Yt r.r1•"-� �a F 7 v -r ' • + �Hvr..w�+s:+a4�c+"�.+�'ti'a�'s';''''"w.�.a+.3�rssti�. ,d,,a,� �• . m nV of A.D * 1976, at : ao Ho vn, A*6& 976# � &01 DAY OF RECORD ii r RECO p H LL. COUNTY CLE D T OUNTY O TEXAS* : • DIaPUTYIL . ' BYa • ,�.r�•yras+��{"'tom a.. st.w.a •.-..� Ste:' Is, i „-*�;;" '� may•..; ;.:F� •i+ri�, wi�;r�rL• , After recording return to sAour documents\miscell aneous\14\annexations\james & freda wetzel 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 Jaynes W. and Freda J. Wetzel ("owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties". Being a called 0.82 acre tract of land, situated in the G. Barb Survey, Abstract No. 208 and .a called 1.57 acre tract of land, situated in the S. Huizar Survey, Abstract No. 514, and being that portion lying outside of the city limits of 5.111 acres, more or less, described in that certain Warranty Deed with Vendor's Lien dated August 15, 1973 from Maries Marie Hampton, Individually and as Independent Executrix of the Estate of Oakleigh Wade Hampton to James W. Wetzel and wife, Freda J. Wetzel, filed for record on August 17, 1973 and recorded in Volume 683, Page 126 of the Real Property Records of Denton County, Texas. Said 0.82 acre tract, more or less, and said 1.57 acre tract, more or less, are commonly known as DCAD Property ID 36635 and DCAD Property ID 60 785, respectively. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETY') for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between 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 sAour documentslmiscellaneous\10\annexationsljames & freda Wetzel non -annexation agreement.doc WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas, NOW, THER,..EFORE, 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 terra 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 30' 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); (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; P-) sAour documents\miscell aneous\IO\annexations\fames & freda Wetzel non -annexation agreement.doc b. International Residential Code, 2006 Edition with Appendix G- and local amendments; C. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j . National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 -- 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. tj sAour documents\miscellaneous\In\annexations\fames & freda Nvetzel non -annexation agreement,doc 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 laws or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntga Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 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. Recordi . This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas, Section 8. Sever 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. CI sAour documents\miseellaneous\14\annexations\fames & freda `vetzel non -annexation agreement,doc Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multi le Copies. This Agreement may be separately executed 10 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. ­4 1 The Parties hereto have executed this agreement as of , 2010. Owners THE CITY OF DENTON, T S By: City Manager, Deputy City Manager, or Designated Representative 6 sAour documents\miscellaneousl101annexationsljames & freda Wetzel non -annexation agreement. doc THE STATE OF TEXAS COUNTY OF DENTON �`' instrument was acknowledged before me on the day of&j::K_U 2010 , by This Jaynes W. Wetzel. CHR18TOM As DICK Notary Public State of Texas �9 ♦Pro MY CO AMISSION EXPIRES •• tMarch a. 2013 THE STATE of TEXAS COUNTY OF DENTON THE STATE of TEXAS COUNTY of DENTON �.ILL Notary Public, State of Texas This 111strulyient was ackliowledged before e.Mo thew. day o ,20 f by I'AiL kl!�' City /Deputy City Manader/Designated Represent tine, on behalf of the City of Denton, Texas. fprNotary Publlo of Toxam APPROVED wA� TO -LEGAL F� ANITA.B�RGESS, CITY ATTORN Y N ry Pub' , State of Texas E