HomeMy WebLinkAbout2010-035sAour documentslordinancesl10\dh-3 accenting non annexation agreements.doc
ORDINANCE NO. 2010-035
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-3 OF APPROXIMATELY 421 ACRES LOCATED ON THE SOUTH SIDE OF
SPRING SIDE ROAD, NORTH, SOUTH AND WEST OF CORBIN ROAD, WEST OF I-35,
AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO, -
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a
home rule city is authorized to annex certain areas that are not required to be in an annexation
plan, and the City desires to pursue annexation of DH-3, 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 others 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 documentslordinancesl10\6-3 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-3, is described in Exhibit "A", attached hereto and
41
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-3, as described and depicted in Exhibits A and B, which have been
properly executed by the owners of those properties and which have legally sufficient property
descriptions, are hereby approved by the City of Denton and are attached hereto and incorporated
herein by reference as Exhibits "C- 1" through "C"�_".
SECTION 4. The City Manager is authorized and directed to sign the non -annexation
agreements contained within Exhibits "C- 1 " through "C- " for and on behalf of the City of
Denton as a ministerial act, but with an effective date of this Council's action on same. The City
Manager shall further arrange forthwith for the recordation of non -annexation agreements in the
real property records of Denton County, Texas.
SECTION 5. In the event the City Council does not annex that parcel identified as DH-3,
the City Manager is authorized to rescind the City's action accepting said non -annexation
agreements within six months of the effective date of this ordinance should any property owners
subject to the agreements so desire.
SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this ordinance
shall not be affected thereby.
SECTION 7. This Ordinance shall tale effect immediately on its passage.
AND IT IS So ORDERED,
Passed by the City Council reading this 9th day o� �'�k�, �,.z, 1 n 10
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I:ris
APPRQ)JED ASUO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Page 2
EXHIBIT "A"
Annexation Tract DH3
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 (Tracts I & II), ordinance 1980-67, ordinance 1984-63,
Ordinance 2001-451, and ordinance 2006--205 (North Tract); and being more specifically
described as follows:
DH-3
BEGINNING at a point at the intersection of Underwood and Springside Road as defined
in ordinance 2006-205, North Tract;
THENCE in a southerly directions along the east right -of --way of Underwood as more
completely described in ordinance 2006-205, North Tract, to a point of intersection with
the north line of the property described in ordinance 2001-451;
THENCE in a easterly and southeasterly direction, along the north line of the property
described in ordinance 2001-451 to a point of intersection with the westerly line of the
property described in ordinance 69-40, Tract II;
THENCE northeasterly along the westerly line of the property described in ordinance
69-40, Tract II to a point of intersection with the southerly line of the property described
in ordinance 84-63;
THENCE in a west and north direction along the south and west line of the property
described in ordinance 84-63 to a point of intersection with the property described in.
Ordinance 80-67;
THENCE northerly along the west line of the property described in ordinance 80-67 to a
point of intersection with the property described in ordinance 69-40, Tract I, being the
existing City Limit line;
THENCE along the existing City Limit line as described by ordinance 69-40, Tract I to
the Point of Beginning.
City of Denton, Texas
DH 3 - 436 Acres
w E
,S,
rBFREESE
Feet
After recording return to:
Jennifer Walters
City Secretary
215 E. McI-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
oN 6 ka K a I a M b &V bV "owners"), the property owners of the hereinafter described
1
property (the "Property") in Denton County, Texas, sometimes individually or
collectively referred to as "Party" or "Parties". -
That property described in a deed to �A\l Ckcwa1aM60PWkwhich is recorded at
Vol. page of the Deed Records of Denton County, Texas, and
commonly known as Tax Parcel No. ,which is attached
hereto as Exhibit A, consisting of approximatelyi1 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 ("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
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:
................................. .
1
..:...... .
Section 1. Continuation of ETJ Status. The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the terns
of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed
upon by the Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the
Property for the term of this Agreement and any extensions agreed to by the Parties shall
be limited to farm -related and ranch -related uses and customary accessory uses, and
single-family detached 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.'
e lat ons. The following City regulations shall apply to
any development of the Property, as may be amended from time to time, provided that
the application of such regulations does not result in interference with the use of the land
for agricultural, wildlife management or forestry purposes and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which
remains lawful at the time the Agreement is executed:
(1) zoning standards contained in the 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, good Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
1. National Electric Code, 2005 Edition with local
amendments.
j . 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 3 0 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. A eement Deemed Void in Part• Voluntary Annexation.
(A) If an owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the
Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall
thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to
Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary
annexation of land as may then exist. owners expressly and irrevocably consent to
annexation of the Property under such circumstances. owners further agree that such
annexation by the City shall be deemed voluntary, and not subject to the requirements
and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section
43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the
Property shall, prior to such sale or conveyance, give 30 days written notice of this
Agreement to the prospective purchaser or grantee. A copy of the notice shall be
forwarded to the City at the following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, Tx 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
51
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
instrument.
Section 13. Term and Extension. The initial term of this Agreement shall be for a
period of five (5) years from the Effective Date (the "Term"). The Effective Date of the
Agreement shall be the date the Agreement is executed by the City. The Term may be
extended upon mutual agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall
survive termination of this Agreement, together with any other provisions, as may be
necessary for the implementation of those sections.
The Parties hereto have executed this agreement as of
/ / ZZQ
THE STATE OF TEXAS
COUNTY OF DENTON
6
Owners
C, k 61 ve a I a t4 I C)s
THE CITY OF DENTON, TEXAS
By; -7 t-oo
City qLager', Deputy City Manager, or
Designated Representative
This instrument was acknowledged before me on the 0 �day of GlhkAr q,
20 by day C/IAaYr�l G��c�o �t I oe
Notary PublIc@ State of Toxas
Notary tublic, State of Texas
TIE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of ,
20 , by
Notary Public, State of Texas
THE STATE OF TEXAS
This instrument was ackno 1 dged before/meon the day f
" ,20�[) by Cit
�----Manager eputy City Manager/Designated epresentative, on behalf of the City of Denton,
Notary Public Stae0l
`texas
�`� � "� 'n,
MY Commis0" -
oireS 01
��N)Mb8t 79, 2010 arY PublState of Texas
APPROVED AS TO LE - MGAL-F0
ANITA Byj�GES S, CITY ATTOEY
Es"
a'
......stir,
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M-82-0-33334LE MG/cb
1.
t 11'.1HltASTY 1ff-EP (Woh 1'�d,r 1.►,«y
IDE EQ RECORDS
Mrs-, STATE OF TEXAS KNOW ALL hiE?V
COUtN`TY OF O=XX DENTOH Y �7iFSE 'itFSEti`T :
THAT �
CUAWTEMOG TIM VILLASANA,
i
i
• of the County at 4
Dallas State of Texas , [hereinafter raped 6 R A , TOR, whetl•,er one ar mare)
TCN Ann N0/ l oo ($)U, 00 DOLLANS for Arid in Consideration of the sum of }'
} a n other goad and valuable cons idera t ions
in hand tsaid and Secured to br paid Ro GItANT0R lierain, try
FAY CHARALAM80POOLOS, ;
(hereinafter culled GRANTEn. whethrr one or more)
t h v rve4vili t 4,( which is hvrrlpy arknow'ledged And
SUBJECT TO UUT IN NO WISE ASSUMING the unpaid balance owi n an one certain .
note in the original 9 rtain promissory
principal sum of $i00,000.00 dated April 28, 1981, executed by
Cuauhtemnc "M Villasana, payable to H. L. Handley and wife, Rub H. handle a
provided, secured by a deed of trust of even date therewith to Miller Dav i dye as q, ,therein
Trustee, filed for record on May 4 , 1981 and recorded in Volume 613, Page a9G, Deed * .
9 � � of
Trust Records of Denton County, Texas-, additionally secured by the vendors lien
r retained in a deed of even date therewith to the maker Of said Hate recorded
` 1074, Page 7 g� , Deed Records of Denton County, Texas-, x n Volume
f
And the further consideration of the execution and delivery by the Grantee herein of a
note of even date herewith in the principal surn of $1859000.00 payable to Grantor herein
as therein provided, bearing interest as therein specified, secured by a second and
inferior vendor's lien retained herein and additionally secured by a deed of trust of '
,
even date herewith to C, E . Seal 11, Trustee;
4t is understood and agreed that the said note for $185,000.00 above described is a
"wraparound" note and includes within its pr i nci pal balance the Indebtedness evidenced
• by said $100400,00 note first above described, and Grantor herein agrees to use the
proceeds received from Grantee herein as payments on said $1 S5 , 000.00 Mote to pay
Promptly the monthly installments due on said $100, 000 - 00 note a s the become
Y d ue, as
scheduled therein, prior to de 1 i nquency, so that Grantee herein shall not be required
to pay said $100*000,00 note except as therein set out, Grantee herein reserves the
* see fi+ below
* �y �a �a +� �} +�a r
has GRAN 1 D, 901�D and CONVGaYnD, and by j1 cse petsents doex GRANT. ULI, AND CO.N*T �E.Y unto the 1Ycrcrn►
Denton ,.
1111pvr "Mol C kA NT E E, ri11 that crrlAin land, lying, situated Sknd bring in the County o(U4FAS, state of Texixx,
room Particularly de*cribed irs 1911ows, to -wit:
See Exhibit "A" attached hereto and made a art hereof for a
f
purposes � P o l l
right to pay fully and finally the entire balance due on said $1000400.00 note at
any time, In the event any Indebtedness due and owin on said $1 Dp,DOO, Op note shall
become delinquent, Grantee herein shall We the right, but not the obligation, to m
mvnthl y payments directly to the owner and holder of said $100,000.00 note, and a p lake
such payments made to the interest and unpaid principal balance due on said $185,0Day00 '
note, such right to continue at any given time until all past due payments owing to
the holder of said $100,000-00 note shall have beert paid and said $100,000,00 note
placed in current condition, remitting the balance of the monthly y i ns to 1 lments due an
f said $185,04a.Oo note.
The warranty of this deed Is subject to the followin ; f
9 �
1. Easement from M f C. Powell and wife, M. E. Powell , to Texas Power � Light
Company, dated August 1, 1940, recorded in Ito l ume 287' Page 402 Deed Records of Denton -
County, Texas. 9
,
2 t Rights In and to water well located on subject propert as reserved by Ho L ,
t Handley and wife, Ruby H r Ra ndl ey, in warranty deed dated May 1 1901, filed
1981, and recorded In Volume 1074, page 792, Deed Records Of YDenton Count Texas,
4 ,
y, xa$,
34 Rights of the public, the State, and the Municipalities in and to that ortion
Of subject property lying within the boundaries of any public roadway; P
I
0r'antor herein warrants that the property hereby conveyed constitutes nn part of his
residence oe business homestead
Vol:,. c
County: DENTON Doc: 000026662 Date: 69/22/1982 Vol: 0001166 Page: 00235
Page 1 of 4
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TIM srATi* OF Tk.'xAS I1KFORP, alf. � the andarsixntsl outharit}. s► �ctury 3 ut►lie fief tend
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k%;lk% tf. me to bs' .*h4spersvn Whom, name i S mittscriW to the Nrecoing instrument, and acknowledg- i
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'. CIVRN' under nq lra"Rd and scsci nt ogre this the day of ejptember
• �' f �? der
. .......otanry Public, � Dal 1 as County. Texlt+
THE STATE OV TEXAS III.KOItl-, MF., the uer{Iv KiLi9firil anthoritV, n NOary' I`o14ic in avd
COUNTY ov filr avid L'ountY Will State, an thin day persontilly appeared
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County: DENTON Doc: 000026662 Date: 09/22/ 1982 Vol: 0001166 Page: 00235 Page 2 of 4
i
EXHIBIT "A"
All that certain tract or parcel of land Situated in the JEREMIAH DALTON
SURVEY, Abstract No. 3 53, in Denton County, Texas, and being the South
part of a 150.9 acre tract described in a deed from P. Guy Fry to If,
Handley on June z3, 1951, recorded in Volume 371, Page 476, Deed Records
of Dorton County, Texas, and being the same 76.640 acre tract described in
a deed f rom If, L. Handley and wi fe, to 0uauhtemoc Tim Vi 11 asana on may 1 ,
1981, recorded in Volume 1074, Page 792, Deed Records of Denton County,
Texas, and being more fully described as follows;
COF-M NCI NG at the West -Southwest corner of said J. Dalton Survey in the
middle of a public road and the Southwest corner of said 150.9 acre tract;
THENCE North 4 degrees 27 minvtes 44 seconds Cast with the west boundary line
of said Dalton survey in said public road a distance of 329.30 feet to a
steel pin at the place of beginning, which is also the Northwest corner of
a certain {called} 2,408 acre tract as described In a deed from H, L. Handley
et ux to Kenneth R. Morgan et ux on April 3, 1980, recorded in Volume 1010,
Page M. Deed Records of Denton County, Texas;
THERCF. North 0 degrees 27 minutes 44 seconds East with the West line of said
Dalton Survey in and near said pybl i c road a d i stance of 1229.32 feet to a .
steel pin 30,0 feet West of a fence on the west line of said public road;
THENCE South 89 degrees 15 minutes 50 Seconds Cast crossing said road a
distance of 125T0 feet to a steel pin at the Southeast corner of a strip of
land described i n a deed to M. T, Cole and recorded in Volume 20, Page
572, Deed Records of Denton County, Texas-,
THENCE Nlorth D degrees 46 minutes 14 seconds Fast with the East line of said
strip of land a distance of 344.0 feet to a steel pin at the Southwest corner
of a Certain 3.0 acre tract;
Y
THENCE South 86 degrees 34 minutes 50 seconds East along and near a fence
p4 r t of the way a distance of 1749,0 feet to a fence corner and steel pin
on the East boundary line of said Dalton Survey and the Hest boundary line
of the Sajvis Survey, Abstract 1174;
THENCE South 1 degree 16 minutes 22 seconds West with said fence pass the
Southwest corner of said Sa,ivi s Survey and the Northwest corner of the
Pritchett Survey, Abstract 1004, a distance of 1831.82 feet to a steel pin
at a fence corner,
THENCE North 89 degrees 47 minutes 34 seconds West with said fence 492,92
feet to a fence corner and steel pin-*
THENCE North 88 degrees 09 minutes 13 seconds West pass an inner ell corner
of said Gaston Survey which is an inner Northeast corner of the I. 8yerly
Survey, Abstract 1458, and continuing with said survey line a distance of
963.01 feet to a steel pity at the Southeast corner, of the aforementioned
2.408 acre Morgan tract;
Tf(INCE North I degree 13 minutes 40 seconds East a distance of 200,0 feet to a
steel pin at the gortheast corner of Said 2,408 acre tract-,
THENCE North 70 degrees 45 minutes 20 seconds west a distance of 416.73 feet
to the place of beginning; and containing in all 76.768 acres of land,
va1166racE237
County: DENTON Doc: 000025552 Cate: 09/22/1982 Vol: 0001115 Page: 00235
Page 3 of 4
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Page 4 of 4
After recording return to It
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
a�v'�` . & `("Owners"),the ro ert owners of the hereinafter described
property Y
property (the `Property") in Denton County, Texas, sometimes individually or
collectively referred to as "Party" or "Parties":
That property described in a deed to Ste„ sM#6ah4Y4n4
Vol. '�34 zt �, �, d which is recorded at
page �j�p of the Deed R�ec�oi���en on County, Texas, and
commonly known as Tax Parcel No. � ,which is attached
hereto as Exhibit A, consisting of approximately 3 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 ("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 ET1 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 :
1Ji
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 farr-n or ranch dwellings, provided that no single-family dwelling
maybe located or constr'icte ..-onb�a' lot smaller than five (5) acres. The property owner
may apply to the City for division of the land subject to this Agreement irif o parcels, each
µk
of which is at least five (5) acres ain 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;
W.
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. Develo-pment Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the
annexation and 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. Seyerability. Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change in 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 -Coies. 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 /-
THE STATE OF TEXAS I
COUNTY OF DENTON I
6i
THE CITY OF DENTON, TEXAS
By.
City M na r, Deputy City 40'Manager, or
Designated Representative
This instrument was acknowledged before me on the day of � ,
201d, by
Notary Public, State of Texas
THE STATE OF TEXAS I
COUNTY OF DENTON I
This instrument was acknowledged before me on the day of ,
20 /0 , by
COUNTY OF DENTON I
This instrument was ack>signated
ked. before eon the / v day
ff,4 ,204,1 by amity
anage eputy City Manager/D epresentative, on behalf of the City of Denton,
e S.
+��1ti1111l1ljr JENNlFCR K. YYI'1i.T
ERS
Notary public, State of Texas
My Commission Expires
Deeember l •9, 2010
FAM, Ism
9
APP R O 'y I3-AS TO LEGAL FO
ANJT--AA BURGESS, CITY ATTO EY
R
00tary P lic, State of Texas
WARRANTY DEED
Date: January 31, 2001
Grantor: John H . Gandy and Dana P . Gandy
Grantor's Mailing Address (including county) : 3300 Spring Side Road
Denton, Denton County, Texas 76207
Grantee: John Scott Gandy and Dena R. Gandy
Grantee's Mailing Address (including county) : 514 Karolyn
Round Rock, Williamson County, Texas
78664
Consideration: TEN DOLLARS and N01100 ($10.00) and other good and valuable
consideration
Property (including any improvements): All that certain lot, tract or parcel of land situated
in Denton County, Texas, more particularly described on the attached Exhibit "A."
Reservations from and Exceptions to Conveyance and Warranty: None
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all
and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to
Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor
binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and
forever defend all and singular the property to Grantee 'and Grantee's heirs, executors,
administrators, successors, and assigns, against every person whomsoever lawfully claiming or
to claim the same or any part thereof, except as to the reservations from and exceptions to
conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
JOHN ANDY IV
Q,
DANA P. GANDY
WARRANTY DEED PAGE 1
STATE OF TEXAS
COUNTY OF �
SIGNED before me, the undersigned authority, by the said JOI-IN H. GANDY, personally
Known t me or identified to me by Texas Driver's License No. P+ , ,on this the
:3I day of )2001.
ROBIN RICHARDS
NOTARY PUBLIC
STATE OF TEXAS
of:1 - My Comm. Exp. 11-09-2001 Notary Public in and for the State of Texas
STATE OF TEXAS
COUNTY OF
SIGNED before me, the undersigned authority, by the said DANA P. GANDY,
personally known to me or id tified to me by Texas Driver's License No. `'� (� , ,on
this the 3Fday of 12001.
ROBIN RICHARDS
NOTARY PUBLIC 4
STATE OF TEXAS r
Fr.: My Comm, Exp. 11-09w2001 Notary Public in and for the State of Texas
AFTER RECORDING RETURN To;
Scott Gandy
514 Karolyn
Round Rock; TX 78664
WARRANTY DEED PAGE- 2
EXHIBIT " '1.
ALL that certain lot, tract, or parcel of land situated in the
J. QAL TCN SURVEY, ABSTRACT NU'ltitE3E,^
353. in the City of Denton, Qenton County, and
descr�ded �n ❑eed cram N.L � Handley y being a part of ❑called 10 acre tract of land
a d ey and Wife, Rudy Handley to John H. Gana and wif a Dan as recorded in Volume 971, Page 251 of the Geed Records of y v J. Candy
ent
Q on
particularly described as follows: County, Texas, and being more
BEGINNING of ❑ lI2'. capped iron rod get at the inter5ecti
road under ❑ on of the East rrgh t -p f -�rvy line of an asphalt
ppar en t public use posted as Underwood Road, and the Soul h right-of-way
rrn �Northwest
line of an
asphalt road under apparent public use posted o5 S
Candy tract for the Northwest r p gs de Road at the Nor thrres t corner of said
corner o f the herein described tract;
THENCE South 88 degrees 46 minutes 41 seconds East with the South right-of-way line ❑ f said
Springs=de Road a distance at 38t.5Q feet to a l/2rt e
the herein described tract; pA d ion rod set for the Nor thecs t corner o f
ca
THENCE' South GG degrees 27 minutes 52 seconds west.
iron rod set for the Southeast corner of the herein d a distance of 360.30 feat to ❑ 1/2-1 copped
. described tract;
THE,NCE.:.' Nor ih 88 degrees 4 G minutes 41 seconds West
iron rod set in the host r1 ht -o f -�rQ line of s � v des Lance of 363,q6 feet foal/2" copped
herein described tract• 4 y a d Under -wood Road for the Southwest corner of the
THENCE North OG degrees 51 minutes 21 seconds fast with�'
the past right-of-way line of said
Underwood Road ❑ dis t anc o a f 3�G. ? feet t o the PG11�1 T �' �,
land, more or less. C �E GINNING, and enclosing 3.40 acres of
This Survey sketch represents the results of an on -the -ground e ground survey made under my direction and
supervision on 01/ 26 / GI. There ❑r a no Yis{ble or apparent intrusion protrusions r
as shown hereon. p o us�ons or eQs emen t s except
FLOGO S TA " I~MEN i , I have exomcned the lw +MA r to 4. Rate. s
ad nsuranc,e ,'pep , or Qen t on County, Texas,
Community NumbAr 480774, effective date 4 -2 -9 ? and that map indicates that this property :s in
Non - Shaded ZONE X vNch is defined as "Areas determined t
shorn on Panel ? CG of sold map,and shown �, be outside t side the SGG- ear flood,* as
on Ponei 355 F . of f ective date
After recording return to
cAdocuments and settingsljedrakeMocal settingsVemporary internet f leslcontent.outlooklirs9pk951havenhill dh3-34 41 Jennifer Walters
annexation agreement.doc City Secretary
215 E. McKinney
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE Denton, Tx 76201
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 Jessie H. Havenhill, Individually,
and as Trustee of the Havenhill Family Exempt Trust ("Owner"), regarding that certain
real property hereinafter described in Denton County, Texas (the "Property"). The
parties hereto are sometimes individually or collectively referred to as "Party" or
"Parties
Being 51.367 acres of land, more or less, situated in the T.W. Daugherty Survey,
Abstract No. 357, Denton County, Texas, and being more fully described in that
Distribution Deed to Estate Beneficiary dated July 19, 2005 from Jessie H.
Havenhill, Independent Executor of the Estate of Ralph C. Havenhill, Deceased to
Jessie H. Havenhill, Trustee of the Havenhill Family Exempt Trusts filed for
record on July 20, 2005 and recorded in Instrument Number 2005-88434 of the
Real Property Records of Denton County, Texas. Said 51.367 acres of land, more
or less, is commonly known as DCAD Property ID 41547.
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, Owner desire that the Property remain in the City's extraterritorial
jurisdiction ("ETF) for the term of this Agreement;
WHEREAS, Owner and the City acknowledge that this Agreement between them
is binding upon the City and the Owner 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, OWNER represents that it is his 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
cAdocuments and settings\jedrake\local settingsVemporary internet files\content.outlook\irs9pk95\havenhill dh3-34 41547 non -
annexation agreement. doc
WHEREAS, this Agreement is to be recorded in the Real Property Records of
Denton County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the 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. owner covenants and agrees 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. Governin�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;
0)
cAdocuments and settingsljedrakellocal settingsVemporary internet files\content.outlooklirs9pk951ha,venliill dh3-34 41547 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 — 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
9J
cAdocuments and settingsljedrakeMocal settingsltemporary internet files\content,outlooklirs9pk951liavenliill dh3-34 41547 non -
annexation agreement, doc
(7) Gas well platting, drilling and production standards, as contained in
§35.16.0 and subchapter 22 of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first occurs. The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for the Property during such period if such
application or plan is inconsistent with the Development Plan. Owner expressly waives
any vested rights that might otherwise arise under local or state law, or by common law,
from the submittal of such inconsistent development application. Owner further agrees
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. owner expressly and irrevocably consents to
annexation of the Property under such circumstances. Owner further agrees 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
M
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Section 7. Recording. This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas,
Section 12. Execution in Multiple Copies. This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
instrument.
Section 13. Term and Extension. The initial term of this Agreement shall be for a
period of five (5) years from the Effective Date (the "Term"). The Effective Date of the
.Agreement shall be the date the Agreement is executed by the City. The Term may be
extended upon mutual agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall
survive termination of this Agreement, together with any other provisions, as may be
necessary for the implementation of those sections.
The Parties hereto have executed this agreement as of , 2010.
Jessie H. Havenhill, individually and as
Trustee of the Havenhill Family Exempt
Trust, owner
-,By: Jessie H. Havenhill
5
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annexation agreement.doc
THE CITY OF DENTON, TEXAS
By.
City Manage , Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of January, 2010, b
Jessie H. Havenhill, individually and as Trustee of the Havenhill Family Exempt Trust.
................
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THE STATE OF TEXAS
Kota;77Public, State of Texas
COUNTY OF DENTON
!
This instr ent was ck w edged before me on - —day f..J +waTy 2010, by
Manager eputy City
Manager signated Representative, on behalf of the City of Denton, ex -a
N _ Notary Public, State of Texas
•
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°,,;���' December 19, 2010
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NWry P'u'bliV State of Texas
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
NON -ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by
and between the City of Denton, Texas (the "City") and William Clinton Lynch and
Claudia P. Lynch ("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":
That property described in deeds to William Clinton Lynch and Claudia P. Lynch,
which are recorded at vol. 2190, page 507 and vol. 2981, page 771, of the Deed
Records of Denton County, Texas, and commonly known as Tax Parcel Nos.
370375 162919, and 162917, which are attached hereto as Exhibit A. consisting of
approximately 6.51 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 ("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 terra of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner
and a municipality to enter into an agreement pursuant to Tex. Loc, Gov't Code section
212.172 for purposes of retaining land in the municipality's ETJ in exchange for the
property owner's covenant not to develop the property and to authorize the municipality
to apply development regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized
under Tex. Loc. Gov't Code section 43.03 5; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of
Denton County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the term
of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed
upon by the Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the
Property for the term of this Agreement and any extensions agreed to by the Parties shall
be limited to farm --related and ranch -related uses and customary accessory uses, and
single-family detached farm or ranch dwellings, provided that no single-family dwelling
may be located or constructed on a lot smaller than five (5) acres. The property owner
may apply to the City for division of the land subject to this Agreement into parcels, each
of which is at least five (5) acres in size, for the purposes set forth in this section without
being in violation of this Agreement. Such uses and activities constitute the development
plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Goyeniing*Reg_ulatlons. 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;
0),
e. International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
L National Electric Code, 2005 Edition with 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.
91
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 sub j ect to the requirements
and procedures for an anmexation plan, as required by Tex. Loc. Gov't Code section
43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the
Property shall, prior to such sale or conveyance, give 30 days written notice of this
Agreement to the prospective purchaser or grantee. A copy of the notice shall be
forwarded to the City at the following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, Tx 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas.
Section 8. S everability. Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
I
Wi
Section 9. Remedies. This Agreement may be enforced by either Owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
instrument.
Section 13. Term. and Extension. The initial term of this Agreement shall be for a
period of five (5) years from the Effective Date (the "Term"). The Effective Date of the
Agreement shall be the date the Agreement is executed by the City. The Tenn may be
extended upon mutual agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall
survive termination of this Agreement, together with any other provisions, as may be
necessary for the implementation of those sections.
The Parties hereto have executed this agreement as of 1 -5 , 2010.
Owners
VN
William Clinton Lynch �
Claudia P. Lynch
THE CITY of DENTON, TEXAS
By.
City Mana er, Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the � day of `'ll.t,�'�-�'l,
2010, by William Clinton Lynch.
tts i �rrp�
E �•,►�: ��,,�•., STEPHANIE LYNN CLEMMO
= Notary Public, state of Texas
My Commission Expires
OF ► Febtum i 9� �Q 13
THE STATE OF TEXAS
COUNTY OF DENTON
"At
Notary P blic, State of Texas
This instrument was acknowledged before me on the �day o_ ru�,
2010, by Claudia P. Lynch.
i� �.YKN ctiMMONS
fit,v'r•�', �lotaty Public, 51atB x
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THE STATE OF TEXAS
COUNTY OF DENTON
6t
Notary blic, State of Texas
This instrument was acl{now ed before Me on the day of
2 o&) by
�� C1
LLiVfanager eputy City Manager/Designated K resentative, on behalf of the City of Deny ,
W 5
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P��{ ��. JENNIFER K. WALTER5
Notary Public State of Texas
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My Commission Expires
a�►�f,ii "`
0000ftor 19, 2010
APPROVED
ANIT1 -BURGESS, CITY AT RNEY
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Ytary P lie, State of Texas
I w AaRrrxv MI (WITH irMOOR115 r IKU igKTAJNM IkY 4�r Qrantec's Address:
Route 1, Box 365-A
Denton, TIC 76205
REA P OP NIY RECORDS o
THESTATE�r.�.
COUNT' OF DENTON KNOW ALL M-EN BY THE PHSHMs.
3744
That Ili 11wood/HcCutehin, Ltd., a Texas limited psrtuership, 12377 Merit Drive-, Suite �
1600, Dallas, Texas, 75251, t
(hereinafter called "Grantor," whether one or more, maseutint, feminine or neuter) for and in consideration
of the sum of TFN ud no./100 DOLLARS and othty good aril valuable consideration, the receipt and
adequacy of which is hereby acknowledged and the further eonsideratioti of the execution and delivtry by
William Clinton Lynch and wile, Claudia Ps Lynch, Route 1, Box 365—A Denton Texas
762051,
(hereinafter called "Granter," whether one, or more, masculint, (crninine or neuter) of ant certain note of
even date herewith in the principal sum of t Al rO2O4gO , payable to the order of Grantor as therein
provided, wu ich mote is secured by a superior vendor's lien retained hereia for
the benefit of the holder(s) thereof and is additionally secured by a deed of trust of evert data herewith to
Glen M. White trustce(s), upon the property convtycd hereby, have Granted,
Sold and Conveyed, and by thm Presents, do Gram Sell and Cotevey, unto the said Grantee all that cetwn
real property located in Denton County, Texas grid described as fellows:
BEING 4.102 acres of land, more or less, situated in the I. Byerly Survey, Abstract
Number 1458, and the J4 Dalton Survey, ,Abstract Number 353, Denton County, Texas,
and being more particularly described on Exhibit "A" attached ,hereto and made a part
hereof for all. purposes, -gub ject. to the easetuen t~s- aad ether encumbrances set forth
on Exhibit "B" attached hereto and made a part hereof for all purposes,
GRANTOR CONVEYS AND TRANSFERS THE PROPERTY TO GRANTEE "AS IS, WHERE IS, AND WITH
ALL FAULTS", AND GRANTOR DOES NOT WARRANT OR HAKE ANY REPRESENTRtJON I, EXPRESSED
OR HIPLIEDy AS TO THE MERCHANTABILITY, QUANTITY, CONDITION* SUITABILITY OR FITNESS
IJR ANY PURPOSE WHATSOEVER OF M PROPERTY AND SHALL 13B UNDER NO OBLIGATION
WHATSOEVER TO UNDERTAKE ANY REPAIRS, ALTERATIONS OR OVER WORK OF ANY KIND WITV
RESPECT TO ANY PORTION OF, THIS PROPERTY, GRANTEE ACKNOWLEDGES FIND AGREES THAT
GRANTEE HAS HAD SUFFICIENT OPPORTUNITY TO INSPECT AND INUSTIGATE THE PROPERTY
TO ENABLE GRANTEE TO MAKE GRANTEE'S OWN DETERMINATION WITH RFSPECT TO THE
MERCHANTABILITY, QUANTITY, QUAILITY, CONDITION, SUITABILITY AND FF.ITNFSS FOR ANY
PURPOSE OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, ITS 0014PLIANCE WITH
APPLICABLE ENVIRONMENTAL LAMS,
TO HAVE AND TO HOLD the above deseribtd premises, togs#her with all and singular the tights and
appurtenances thereto in anywise belonging unto the said Grantee, his, her or its successors, htirs and assigns,
as the mse may be, forever; and Grantor d+aes hereby bind Grantor ate Grantor's successors, heirs, executors
and administrators, as the case may W, to Warmut and Forever Defend all and singular the said premises unto the
said Grantee and Grantee's successors, heirs and assigns, as tht case tmy be, against every person whermsoever
lawfully claiming, or to donee the satne, or any part thereof, bye tirrmxg� or under the w*migwd by not
otherwise.
But it is +expressty agreed and stipulated that the aforesaid Vendor's l.sen is yrtWned against the above de*
serifs property, premises and improvements until the above described note and all interest thereon NUY
paid accord iing to its face and tenor, effet and reading, when this deed shall become absolute,
Grantee firemen wiczme the payment of tsucts for the current ycu.
of fee vta
Executed1thi day of May aB 91.
HILLWOOD/W OUTCHIN t LTD.
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'TON. Doc:.000023744t 05/20/1991. V/P:.2981 771 Page I of 5
V098 1 P60772
ACKNOWLEDGMENT
WE SATE OF TE
' comm OF ._ . .. _-....- •-- . - REORE ME, the uwkTknod authority,
In and for sild Cauntr,'Texas, on this day personalty appoartd .........
.............,.....•.u.,r.. ... ..0............................ • ... .� • a..........a ............ .... ....•r...1..a... ............,,...w... ..r... •........., a,.1_.1.
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known to me to be the person. ,...whore name .............. sub"bed to the foregoing in4rumertt, sM acknowleked to rm thhAt
y o...... . executed the same for the Vurpoaes and eonslderation therein exprtssed.
tllitEN UNDE11 MY HAND AND SEAL f?F OFFICE, Thfs _ - _ -.. .... - .. dsy 19.,. _..�.
t1,..S.f ..._............�..._...�__.._. , _._..._ Y..._...�.. ........_.. _ ..._
Notary Pub -Ile, . ......• Tex"
my* Commission Expires
ACKNOWLEDGMENT
M STATE Or TEXASP BEFORE ME, the undersigned authority,
COUNTY OF ................. ..... .................
in and for said County, Texas, on this dap personally appeared .......
.— ....-...a,................ . .....r..... .a..,......-.f- f....1k-.rA-f•1.f�1•fif .f, .. r...f.w-.w.... f.. w..w. .. .n..» ...• .y
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known to me to bethe person... whose n&m+e ............. subseriW to the foregoing intctrument, and acknowledged to me that
.he _... executed the saute for the purposes and consideration therein expressed.
GWEN UNDER MY HAND AND SEA1, OF OFFICE, This.. Y ... _ _ .. day of ........ ,............. ...rt A.D. 1Y..r...f....
Not-M Pabiic, . __.... , . __,.. County. Tex.n
MyCommission Expires ...��. �.,..........,,._.......,.,,.,..,.._r�.
ACF,NOWLEDGMENT
THE STATE OF TEXASt BEFORE HE, the understgrted -authority,
in and for said County. Texas, on this day personalty appeared . r. ............................ ... .. ....... ...........
know -A torte to btd the person a..r whose name subscriW to the foregoing instrument, and acknowledged to me that
i,e.... exeruteA the same for the purposes and consideration therein expressed.
UIVEi ' 1NLER MY HAND AND SEA1, OF OFFiCEir This . _ .. day of-A.D. t.9......... r
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Notary Public, .._ .._....... .-. _ . _........County, Texas
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THE S TATIE of TEXAS B EFOxt Mgt tho undersiped authority,
COUNTY OF.... . y.n LM.-......._...........
1n and for raid County, Texas, on this dsX personally appear`ed._..�4 �
....................................—.....................,,,r,.....�,..._................_.....� �....._--- .__��r, ..,_known to the to be the person and o'lfcir
whose Hama is subscribed to tho foregoing instrument and acknowledged to me that the warts was the att of the stud
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a ca�poration, artd that i e escecuted e-- same as the att of such corporation�f'or the purposes sad consideration them
expressed, and in the capacity thoreln stattd. �4A&
GIVEN UNDER ail' NAND AND SEAL OF UFP1 T s. �.. .� � , A.i?. tii 91
N is Public, ,State of T`
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STATE OF 7EKAS
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DENTON. Doc:.000023744 05/20/1991. V/P:.2981 771 Page 2 of 5
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} NO. U--300492
VOL298 I PGO713
EXHIBIT "A"
4.102 ACRE TRA"
FIELD NGIPS to all that certain tract of land situated to the 1. Byerly
Survey Abstract Number 1458 and the J. halton Survey hbotract Number 353,
Denton County, Texas and being a Part of `tract III described in the Deed from
Perot investment Partners, Ltd, to HillvoodlMcCutchin, Ltd. reeorded in `
Volume 2470, Page 678 of the Real Property Records of Denton County, Texasi
the subject tract being a strip off the North end of the setd Tract III and
being More Particularly described as follows:
BEGINNING for the Northwest corner of the tract being described herein at tha
Northwest c%, ner of the said Tract III at a 112 " iron rod found in tradervood
;toad (approximately 54 feet vide as fenced at this point) 23.4 fact Yeaterly
from a fo-ace corner post on the East side of the road and further befog the
called Vest Southwest corner of the said J. Dalton Survey;
T119NCE South 88 Degrees S7 Minutes 09 Seconds East with the North line, of the,
solo Tract III and the South line of the said Dalton Surveyf at 381.E feet an
iron red found for the Southeast corner of the eall eJ 2.408 acre tract
described in the deed from Kenneth Morgan et ux to Gillian Clinton Lynch et
ux recorded in Volume 2190, Page 507 of the said Real Property Records bears
North 5.43 feet; cQntinul-Ag along the come course$ in all, a tonal distance
of 1186.63 feet to a 1 /2 ivich Iron rod set at an angle paint to the North
Line of Tract III at a reentrant corner of the said Dalton Survey;
THERC€ South 89 degrees 48 'iinutes 53 Seconds East Contiaulng along the
general course of the the said fence with the North line of the said Tract
III a d io tence of 657.86 feet to the Northern Northeast corner Lftereof in the
Peat We of the S. Pritchett Survey Abstract Nueher 1004; a 4" bola drarc
fence corner past in cotrerete on the South bank of Hickory Creek;
THENCE South 08 Degrees 08 .linutes 38 Seconds Vest generally along a fence
vi th the Ess t line of the said That t III and the Vest I the of the Pritchett
Surrey a distance of 100.00 feet to a 112 inch tram rod set for the Southeast
corner of the herein described tract;
THENCE North 89 Degreea 15 Minutes 35 Seconds 'test savering Tract III and
crossing the East line of the Byerly Survey and the Vest line of tho Daltoe
Survey, continuing alou8 the came courae, in all, a total distance of W47=30
feet: to a 1/2" iron rod set for the Southwest corner of the herein described
traet, on the 'West line of the said Tract III In Hndervood Road 23 feet
Westerly frou the fence on the East side thereofi
THENCE North 01 Degrees 46 Minutes 48 Seconds East with the k'eat line, of.
Tract III a d is trance of 100.00 feet to the PLUS OF BECINNIM and eaeloviag
'M02 acres of ltad, more or lease.
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ENTON. Doc:.000023744 05/20/1991. V/P:.2981 771 Page 3 of 5
voi2961 c60774
EXHIBIT "B"
1. Easement and Rigbt Of Warr from Alma Mc Cutobin, et al to Denton-
Wl90 8011 and rater Conservation Mstrict, dated member 22,
of66`filed January 12, 1967, recorded In Vnlume 5460 page 72
tare Mind Reoords Of r)P.nt0h County, Texas.
26 s F?me ; and R igbt of Way from Alma Me(,Vtc b i n , at al to Teets
power & Ioight Company*, dated may 24, 1968, filed Juno 1o� 1968,
rem- rded in Volume 568, page 38 Of the Heed Records of Detcton
County, Texas.
39 Terms and Conditions described In xti m1 UA 'Warranty geed fn2m H .
R. Perot afk/a H. Ross Perot to Perot Investment partners, Qd, ,
dated Janctary 26, 19870 M ed February 27, 19R7, reenrded f n
Volume 2095 r Page 354 of the Deed Rneords of n,.nten C:otinty,
Texas.
4. 'Terms and c and i ti ores ,as described In Limited Warranty WA4 from
Perot 1nVestMgnt Partners, Ltd, to kf 1lvs�s�lHc;�t�xn�nr r►td. ,
dated August if 19880 filed October 18, 1988, recorded In
Volume 2470# Page 679 of the Deed Records of Denton County,
Texas.
5. Overhead el ectrie l 1 ne and buried tel ephOne cable and their
appurtenances across the West end of the property, a$ ,ghovn on
survey prepared by Coleman & AssMiates, dated February 26,
1991.
6, That port J on )y i rig within Underwood Road along the West
property 1(ne, as shown on cur.vey prepared by Coletmn �
Assneia.tes, dated February26, 1991.
7, No liability is assumed by reason of fence protrusion over and
beyond the Forth property line, as shOwn on survey prepared by
Coleman & Associates, dated l±ebr. uaEry 26, 1991.
8, Ri gbts and c:l a ims , if any, of ad joW ng property nwner~ In anti
to that portion of the berein described property located
between the fence and the [forth property line, as shown an
survey prepared by Coleman Assortate6, dated February 26,
9. Shortages in area.
10* Standby fees and taxes for the year 1991 and subsequent years, and subsequent
assestments for prier years due to change in land usage or ownership.
DENTON. Doc:.000023744 05/20/ 991. V/P:. 981 771 Page 4 of 5
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RETURN TO:
William Clinton Lynch
and Claudia P. Lynch
Route 1. Box 365- A
Denton, fit 76205
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A.ID.
DAY OF
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DULY CORDF) w''I)814T'
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DIEPUTY
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DENTON. Doc:.044023744 05/20/1991. V/P:.2981 771 Page 5 of 5
After recording return to:
sAour documents\miscellaneous\10\annexations\jon michael riley non -annexation agreement.doc Jennifer Walters
City Secretary
215 E. McI-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 Jon Michael Riley ("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 15.0469 acres of land, more or less, situated in the J. Dalton Survey, Abstract
No. 353, Denton County, Texas, and being more fully described in that certain
Special Warranty Deed dated November 15, 2000 from Nancy Dee Riley to Jon
Michael Riley, filed for record on November 22, 2000 and recorded in Volume 4722,
Page 474 of the Real Property Records of Denton County, Texas. Said 15.0469
acres of land, more or less, is commonly known as DC'14D Property ID 37012 and
DC,4D Property ID 3 702 6, 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
16
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;
E
1 ..
sAour documents\miscellaneous\14\annexations\jon michael riley non -annexation agreement.doc
Now, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm -related and ranch -related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres. The property owner may apply to the City for division of the
land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the
purposes set forth in this section without being in violation of this Agreement. Such uses and
activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't
Code section 212.172(b).
Section 3. Governing Regulations. The following City regulations shall apply to any
development of the Property, as may be amended from time to time, provided that the
application of such regulations does not result in interference with the use of the land for
agricultural, wildlife management or forestry purposes and does not prevent the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code ("DDC"), as
amended pursuant to The Denton Plan, 1999-2020, as amended, including but
not limited to the (RD-5) zoning District regulations, and standards
incorporated therein
(2) The subdivision and development regulations contained Within the Denton
Development Code, as amended, together with applicable Design Criteria
Manuals (*including construction, drainage, site design, solid waste,
transportation, tree protection standards, and water/wastewater), Denton
Mobility Plan and other approved Master Plans of the City of Denton, Texas,
and the North Central Texas Council of Governments Standard Specifications
for Public works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG
Manual);
(3) Denton building codes, as contained within Denton Code Chapters 17, 28 and
29, and DDC Subchapter 24, adopting:
a. International Building Code, 2006 Edition with local amendments;
b. International Residential Code, 2006 Edition with Appendix G and
local amendments;
C. The International Fire Code, 2006 Edition with local amendments;
2
sAour documentslmiscell aneousll Dlannexationsljon michael riley non -annexation agreement. do c
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gras Code, 2006 Edition with local amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Property Maintenance
Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
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\jon michael riley non -annexation agreement. do c
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that
the City may deny any development application or plan of development that is submitted to the
City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Voluntary Annexation.
(A) If an owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of
land as may then exist. owners expressly and irrevocably consent to annexation of the Property
under such circumstances. owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address;
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as
to matters not addressed in this Agreement.
CI
sAour documents\miscellaneous\10\annexations\jon michael riley non -annexation agreement,doc
S ection 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
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. The initial term of this Agreement sha11 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 / V 2010.
Owners
Jon Michael Riley
t�
r`
THE CITY OF DENTON, TEXAS
By:
__'
City Manager, Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
Th' . �s instrument was acknowledged before me on the day of ,
2010, by Jon Michael Riley.
Notary Public, State of Texas
sAour documents\miscell aneous\I O\annexations\jon michael riley non -annexation agreement. do c
THE STATE OF TEXAS
COUNTY OF DENTON
This instru ent was a knowledged before mew C� day of ,20k, by
Mana /Deputy CityManage/Designated
Representat' , on behalWthe City of Denton, Texas.
�����,��,, sEfi till � i . WALIER5
soly y f TOXas
' = my COMM14sidn sxp
APPROVED AS TO LEGAL FORM
CITY ATTORNEY
No r Public, 61ate o Texas
on
After recording return to:
sAour documentslmiscellaneousll DlannexationsMielen ann Stults 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 Helen Ann Stults ("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 3.349 acre tract of land, more or less, situated in the Jeremiah Dalton Survey,
Abstract No. 353, Denton County, Texas, and being more fully described in that certain
Warranty Deed dated September 5, 1974 from H.L. Handley and wife, Ruby H.
Handley to Helen Ann Stults, filed for record on October 2, 1974 and recorded in
Volume 723, Page 383 of the Real Property Records of Denton County, Texas; together
with an approximate 9.91 acre tract of land conveyed in that certain Warranty Deed
dated May 15, 1991 from Ruby H. Handley, Individually and as Heir and Independent
Executrix of the Estate of H.L. Handley, Deceased to Helen Ann Stults, filed for record
on May 16, 1991 and recorded in Volume 2980, Page 176 of the Real Property Records
of Denton County, Texas.
SAVE & EXCEPT: 3.47 acres of land, more or less, situated in the Jeremiah Dalton
Survey, Abstract No. 353, Denton County, Texas, and being more fully described in
that certain Correction General Warranty Deed dated April 7, 2003 from Helen Ann
Stults to Kelli Ann Holdsclaw, filed for record on September 30, 2003 and recorded in
Volume 5428, Page 4716 of the Real Property Records of Denton County, Texas. Said
3.47 acres of land, more or less, is commonly known as DCAD Property ID 254159 and
DCAD Property ID 254160.
The remaining 9.789 acres of land, more or less, is commonly known as DCAD
Property ID 3 70.10 and DCAD Property ID 3 7032.
WHEREAS, the City has given notice of its intent to institute annexation proceedings for
the Property in accordance with Tex. Loc. Gov't Code ch. 43; and
WHEREAS, owners desire that the Property remain in the City's extraterritorial
jurisdiction ("ETP) for the tern 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
s;lour documents\niiseellaneous1101annexatioiisllielen ann stults non -annexation agreement.doe
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
VMEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm -related and ranch -related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres. The property owner may apply to the City for division of the
land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the
purposes set forth in this section without being in violation of this Agreement. Such uses and
activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't
Code section 212.172(b).
Section 3. Governing Regulations. The following City regulations shall apply to any
development of the Property, as may be amended from time to time, provided that the
application of such regulations does not result in interference with the use of the land for
agricultural, wildlife management or forestry purposes and does not prevent the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed:
(1) zoning standards contained in the Denton Development Code ("DDC"), as
amended pursuant to The Denton Plan, 1999-2020, as amended, including but
.not limited to the (RD-5) Zoning District regulations, and standards
incorporated therein
(2) The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria
Manuals (including construction, drainage, site design, solid waste,
2
s:lour documents\misceiIan cousl101annexationsMielen an stints non --annexation agreennent.doc
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;
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 an-iended;
(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
3
s,lour documents\miscell aneousll0lannexationsllielen ann stults non -annexation agreernent.doc
administrative standards of the Texas Commission on Environmental Quality,
as amended, and applicable administrative standards of the Federal
Emergency Management Administration, as amended; and
(7) Gas well platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22 of the Denton Development Code, as amended
and as applicable, and as supplemented by requirements of the Texas Utilities
Code, the Texas Natural Resources Code, the Texas water Code, and
applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for
a period of 180 calendar days thereafter, or until the effective date of the annexation and
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that
the City may deny any development application or plan of development that is submitted to the
City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 18 0 W 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
con-imences 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
11
sAour documentslmiscellaneousll OlannexationsMielen ann stints non --annexation agreement,doc
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. S everabi. 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.
S ection 10. Change... in Law. No sub Sequent 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 terns of this Agreement shall be fora period
of five (5) years from the Effective
shall be the date the Agreement is
mutual agreement of the Parties.
Date (the "Term"). The Effective Date of the Agreement
executed by the City. The Term may be extended upon
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive
tern-lination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
The Parties hereto have executed this agreement as of , 2010.
Owners
C�
Helen Aiui Stults
THE CITY OF DENTON, TEXAS
By:
City Manager, Deputy City Manager, or
Designated Representative
5
sAour doeLtmentslniiseellaneous\10\aiitiexatiotisllieleti ann stults non -annexation agreement.doe
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before one on the day f
g y o,
2010, by Helen Ann Stults.
' Notary Public State of Tex"
� �� MY ��(4MlSaION EXPIRES '
Mwah 2v 201Not Public, Liz State of Texas
THE STATE OF TEXAS 1
COUNTY OF DENTON
s instrume was aclrno le e before 1�"on the ` day o ,29/ by
City Mana er/Deputy City Manag r/Designated
Representative, n behalf of e City of Denton, Texas.
►y1lary Pub Slate of Texas
�``•�° 'r u�a �. JENNIFER K. WALTERS '
M s Notary Publlc, State of Texas
My Commission Expires
r��{`�f��� ►1► December 19, 2010
APPROVED AS TO LEGAL FORM:
R