HomeMy WebLinkAbout2010-036sAour documentslordinancesll Oldh-4 accepting non annexation agreements.doc
ORDINANCE NO. 2010-036
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-4 OF APPROXIMATELY 347 ACRES LOCATED ON THE EAST SIDE OF BONNIE
BRAE STREET, WEST OF FORT WORTH DRIVE, EAST AND WEST OF VINTAGE
BOULEVARD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A79 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-4, as hereinafter described; and
WHEREAS, Section 43.035, Subchapter B, Local Government Code requires the City to
make offers of non -annexation development agreements to the owners of all properties which
have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or
timberland within the area to be annexed; and
WHEREAS, under a non -annexation agreement between an eligible property owner and
the City, the land subject to the agreement retains its extraterritorial status and the owners of
such land must abide by the City's development regulations as if such land were within the City
limits, as provided further in such agreement; and
WHEREAS, the city has offered said non --annexation agreements for a five year term in
light of the rapid growth of the Denton area, the need to assure orderly growth, and the
inadequate land area currently within the Denton city limits; and
WHEREAS, the owners of some eligible properties have executed such non -annexation
agreements, the owners of other properties have executed such non -annexation agreements but
there remain defects in the legal description of such properties; and yet other-s owners to whom
notices have been sent have not executed the agreements within the allotted period of time,
thereby declining the City's offer; and
WHEREAS, the City and the owners of eligible properties with insufficient legal
descriptions are in the process of correcting defects therein; and
WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of
the City of Denton to enter into such non -annexation agreements with eligible property owners;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS.
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
s:\our documentslordinances1101dh-4 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-4, is described in Exhibit "A", attached hereto and
incorporated herein, and depicted in Exhibit "B," attached hereto and incorporated herein (except
that if there is conflict between the Exhibits, "A" shall control).
SECTION 3. Certain non -annexation agreements relating to eligible properties within
that parcel identified as DH-4, 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-4,
the City Manager is authorized to rescind the City's action accepting said non -annexation
agreements within six months of the effective date of this Ordinance should any property owners
subject to the agreements so desire.
SECTION 5. Should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
SECTION 7. This Ordinance shall take effect immediately on its passage.
AND IT IS So ORDERED,
Passed by the City Council reading this 9th day of '� -,_ _ _ _ r-, n, n
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I
By*
APP VED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 2
EXHIBIT "A"
Annexation Tract DII4
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 and
disannexation ordinances as follows: Ordinance 1969-40 (Tract III), ordinance 1979-82,
Ordinance 19 S 0- 1, Ordinance 1991 -3 3 (Tracts 1 & 3 �, and ordinance 2001 -92; and being
more specifically described as follows:
BEGINNING at a point at the southeast corner of the property described in ordinance
91-033, Tract I, being a point at the intersection of Allred Road and Bonnie Brae Road;
THENCE North 000 39' 53" west, 3265.02 feet along Bonnie Brae Road to a point, said
point being the northeast corner of the property described in ordinance 91- 0 3 3 , Tract I,
and also being the southeast corner of the property described in ordinance 91 -033, Tract
III;
THENCE northerly along Bonnie Brae Road to appoint, said point being the southwest
corner of the property described in ordinance 2001-092;
THENCE South 890 29' 08" East, 1700.62 feet along the south line of the property
described in ordinance 2001--092 to a point;
THENCE North 88' 46' 32" East, 1502.66 feet along the south line of the property
described in ordinance 2001-092 to a point for a corner;
THENCE North 00' 47' 19" west, 2294.14 feet to a point for a corer;
THENCE southerly along and near the median of Hickory Creek, a series of meanders
totaling approximately 2411.54 feet to a point;
THENCE South 20' 31' 17" East, 21.90 feet to a point for a corner, said point being the
northwest corner of disannexation tract described in ordinance 80-1, Tract III;
THENCE southwesterly along the north boundary line of the property described in
Ordinance Sow 1, Tract III, same being the center of the channel of Hickory Creek to a
point for a corner at the intersection of the north boundary line and the west right -of way
line of the Texas and Pacific Railroad;
THENCE southwesterly along the right-of-way line of the Texas and Pacific Railroad to
a point for a corner, said point being the southeast corner of the property described in
Ordinance 80-1, Tract III and the northeast corner of the property described in ordinance
79-082;
THENCE continuing southwesterly along the tight -Of -way line of the Texas and Pacific
Railroad as described in ordinance 79-082, to a point for a corner, said corner being the
southeast corner of said ordinance and the also being the northeast corner of the property
described in ordinance 69-40, Tract III;
Thence northerly to the Point of Beginning, containing 347 acres, more or less.
EXHIBIT B
Vintage Blvd.
Allred Rd.
Q
JQ/
City of Denton, Texas
DH 4 w 347 Acres
377
rFREESEI
10MICHOLS
N
W-*E
S
F--L—J--I—J 1---------JFeet
0 400 800 11600 2,400
After recording return to:
Jennifer Walters
City Secretary
215 E. IVIcICinney
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 Barlow Revocable Trust
("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 a deed to Barlow Revocable Trust, which is recorded
at Instrument Number 2009--55359 of the Real Property Records of Denton
County, Texas, and commonly lulown as Tax Parcel No. 166855, which is
attached hereto as Exhibit A, consisting of approximately 5.356 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 terra 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:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the tern
of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed
upon by the Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the
Property for the term of this Agreement and any extensions agreed to by the Parties shall
be limited to farm -related and ranch -related uses and customary accessory uses, and
single-family detached farm or ranch dwellings, provided that no single-family dwelling
may be located or constructed on a lot smaller than five (5) acres. The property owner
may apply to the City for division of the land subject to this Agreement into parcels, each
of which is at least five (5) acres in size, for the purposes set forth in this section without
being in violation of this Agreement. Such uses and activities constitute the development
plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governing Regulations.'
e ulations. The following City regulations shall apply to
any development of the Property, as may be amended from time to time, provided that
the application of such regulations does not result in interference with the use of the land
for agricultural, wildlife management or forestry purposes and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which
remains lawful at the time the Agreement is executed:
(1) zoning standards contained in the Denton Development Code
("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as
amended, including but not limited to the (RD-5) zoning District
regulations, and standards incorporated therein
(2) The subdivision and development regulations contained within the
Denton Development Code, as amended, together with applicable
Design Criteria Manuals (including construction, drainage, site design,
solid waste, transportation, tree protection standards, and
water/wastewater), Denton Mobility Plan and other approved Master
Plans of the City of Denton, Texas, and the North Central Texas
Council of Governments Standard Specifications for Public works
Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual);
(3) Denton building codes, as contained within Denton Code Chapters 17,
28 and 29, and DDC Subchapter 24, adopting:
a. International Building Code, 2006 Edition with local
amendments;
b. International Residential Code, 2006 Edition with
Appendix G and local amendments;
C. The International Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
2
e. International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments.
j . National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
§§28-383 — 437 and §§17441 — 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 — 457; and
M. Moving Buildings, Denton Code §§28-326 — 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
(5) Applicable water and wastewater connection, construction and on -site
operation requirements, contained within Chapter 26 of the Denton
Code of ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton water and wastewater Criteria Manual,
as amended, and as supplemented by the Texas water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 30 of the Denton Code, as amended, and
subchapters 17 through 19 of the DDC, as amended, the Denton
Drainage Criteria Manual, as amended, and as supplemented by
requirements of the Texas water Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards of
the Texas Commission on Environmental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
(7) Gas well platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22 of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
3
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first occurs. The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for the Property during such period if such
application or plan is inconsistent with the Development Plan. The Owners expressly
waive any vested rights that might otherwise arise under local or state law, or by common
law, from the submittal of such inconsistent development application. The Owners
further agree that no use commenced or completed on the Property that is inconsistent
with the development plan shall be considered established or in existence prior to the
expiration of the 180-day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part• Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
cone-nences 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 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.
r.�
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or in equity. Fail -Lire 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
aimexation 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 tertn of this Agreement shall be for a
period of five (5) years from the Effective Date (the "Tenn") . The Effective Date of the
Agreement shall be the date the Agreement is executed by the City. The Term may be
extended upon mutual agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall
survive termination of this Agreement, together with any other- provisions, as may be
necessary for the implementation of those sections.
The Parties hereto have executed this agreement as of , 2010.
BARLOW REVOCABLE TRUST, OWNERS
By.
Donald A. Barlow, Co -Trustee, who
represents and warrants to the City
that he has the power and authority
to execute this agreement on behalf
of Barlow Revocable Trust ("Trust")
as Co -Trustee, and to bind the Trust
thereto
6
THE CITY OF DENTON, TEXAS
By•
City anager, eputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON I
This instrument was aclmowledged before me on the day of January, 2010, by
Donald A. Barlow, Co -Trustee, on behalf of Barlow Revocable Trust.
e� i��;Y P���rf•�B EL
Notary Public, Mate a#R.Texas
.� M Commission Expires
, y
s
THE STATE OF TEXAS
COUNTY OF DENTON
i
ry Pub 'c, State of exas
This instrument was aclrno dged before eon the ��� day of
OAt20by
- '�) ,. P nit�
CTV�anagerDeputy City Manager/Designated epresentative, n behalf of the City of Denton,
Texas.
pro 41"JENNIFER k. WALTERS
Notary Public, state of Texas
'•'OA"# MY Commission Expires
f''�► °„�''� DeCember 19, 2010
APPROV
L'
it
ro,
r.
Ngiiy Pub , State of Texas
Denton County
Cynthia Mitchell
Count Clerk
�I� � II IWl u (I� I) I III�III9IIVIII�I�I IIIIII���I I I Denton, Tx 76202
70200900055359 -
Instrument Number: 2008.55359
As
Recorded On: May 08, 2009 Warranty Deed
Parties: BARLOW DONALD A
To
Comment:
Warranty Deed 27.00
Total Recording: 27.00
Billable Pages: 5
Number of Pages: 5
Parties listed above are for Clerks reference only }
** Examined and Charged as Follows: -
************ DO NOT REMOVE, THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2009-55359
Receipt Number: 581670
Recorded Date/Time: May 08, 2009 09: 1 8: 1 0A
User 1 Station: H Dunn - Cash Station 4
THE STATE OF TEXAS)
COUNTY OF DENTON }
I hereby certify that this instrument was FILED in the FIIs Number sequence on the dateltime
` prInted heron, and was duly RECORDED In the official Records of Denton County, Texas.
County Clerk
Denton County, Texas
Record and Return To:
BARLOW REVOCABLE TRUST
4365 BONNIE BRAE ST
ARGYLE TX 75225
9
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REALTROPERTY.BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
.YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
- STATE OF TEXAS
COUNTY OF DENTON
WARRANTY DEED
Grantor: �Ol`rTALD A,. B�.;.O�J
SUZANNE BARLOW
4365 bonnie Brae Street
Argyle, Texas 76226
Called "Grantor",. whether one or more
Grantee: BARLOW REVOCABLE TRUST
4365 Bonnie Brae Street
Argyle, Texas 76226
Called "Grantee", whether one or more
`Conveyance:
FOR. VALUE RECEIVED, Grantor has conveyed,. granted, transferred and assigned, and
hereby grants, conveys, transfers and. assigns to Grantee, all, and no less than all, of
Grantor's interest in the following described real property (the "Subject Property"):
The Subject Property is Identified in Exhibit "A attached hereto, to which exhibit
reference is here made and is incorporated herein as if typewritten in this location
verbatim.
RESERVATION OF HOMESTEAD INTEREST.
The property. herein conveyed is the homestead of Grantor. Grantor is also the
Trustee of the Trust and sole beneficiary of the Trust during the remainder of their
lives and retains the power to revoke the Trust. Grantor does not by this conveyance
of the legal, title to the property intend to waive or relinquish any of their homestead
rights in the property and Grantor who retains equitable title to the property intends
to continue; to reside on, use, claim, and designate the property herein conveyed as
.their homestead exempt from forced sale under the Constitution and laws of Texas.
Effective Date:
This transfer and conve ance. is effective as of the date of this instrument. If this instrument
is not immediately recorded, Husband and wife will hold title in trust and as nominee for
and on behalf..of the BARLOW REVOCABLE TRUST.
DATED and EFFECTIVE: May2009�
Husband:
x
DONALD A., BARLOW
Wife:
x
SUZANNEBARLOW
State: TEXAS
ounty: DENTON
-.0r this S4 day of May in the year 2009 before me Jessica '
y y a cannon, a Notary Public
of said State, • p �ersonall appeared DONALD A. BARLOW and SUS BARLOW
Y pp
whose 'names are subscribed to the within instrument and acknowledged that the
executed the same and for the purpose and consideration therein expressed,
WITNESS MY HAND AND OFFICIAL SEAL.
NNO
.C) +• [� I cy •i' C
L M v ► f
�► o c� = N t Public
w
14D� .
AFTER S TO:
Barlow Revocable Trust
.4365 Bonnie Brae Street
Argyle;Argyle;Texas, 76226
SUBJECT TO: (1) any overlapping of improvements or encroachments which a survey
would reveal; (2) valid and enforceable land use regulations, restrictions, and conditions;
(3)-real property taxes, prorated to date; (4) any recorded right-of-way; easement, or other
exception to' title (including liens) which an examination of title to the property would
reveal; (5) any loan or encumbrance secured by a vendor's lien or deed of trust upon the
property; (6). rights of parties in possession under lease or as an inspection of the property
would reveal.
FURTHER .RESERVATION AND EXCEPTION. .The transfer of real estate to the
BARLOW REVOCABLE TRUST which is encumbered by a mortgage or deed of trust
may prohibit anytransfer thereof without the consent of the lender and may. give the lender
the option to call the unpaid portion of an installment note immediately due and payable if a
transfer is made without the lender's consent. These restrictions are generally called "due
on sale" or "due on transfer" .prohibitions. Any transfer directive or contribution directive
specified by this instrument is subject to any such prohibition or limitation. Grantor
reserves and retains such estate and title to the property as will not violate the due on sale or
due .on transfers of any mortgage; deed of trust, or other instrument, if any and to the event
applicable to a transfer of this property to the BARLOW REVOCABLE TRUST. To the
extent a transfer of this property is limited by any applicable due on sale prohibition or due
on transfer prohibition, ownership will fully vest in the BARLOW REVOCABLE
. p
TRUST only upon receipt of lenders consent to the transfer or upon final release of the
mortgage. or deed of trust lien by the lender or by the assignee thereof.
Consideration:
TEN AND N0/100 DOLLARS and other valuable consideration paid to Grantor by Grantee,
the receipt and sufficiency of.which is hereby acknowledged.
Habendum and Warranty:
TO HAVE AND TO HOLD the Subject Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee, Grantee's successors,
personal representatives, and assigns forever; and Grantor does hereby bind Grantor,
Grantor's successors, personal representatives and assigns, to warrant and for defend,
all. and singular, the said premises unto the Grantee and Grantee's successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part
.thereof. The use of personal pronouns in this instrument shall be construed in context, with
the masculine to include the feminine, when appropriate, and the singular to include the
plural, when appropriate.
. ,:, ,• ,.,•, , , u �r .nrrt �rs...+tr.s:cre r ': ec'���rrr .�Ys:.y� r;z"V"4C. VW
i bit "Ali 3 441J
540
All that certain lot, tract, or parcel of land si "It
Severe 5urvoy Abstract Number 1164 in Menton Count Tex ed in the J.
certain tract of land conveyed by deeti from Joe B.YFe etas' being all that
S • Paget to Peen X. Koonce and wife, FebacCa Lyrkn xoo g and wife, Debbie
County File Number 95-R0072630 Real Property Records, Dre ON co under
and beings more particularly described as €olloian; ' . DR TON Graunt
y, Tz:cas
BEGINNING at an Iran red set far corner In
said point beingC�1e Southwest corner of that�ie Sx`a@, �► public roadway,
conveyed by deed from Ginger Rodgers to Kennethtafiz tract of land
L. Wright recorded under Clerkle File Number 9-Ro�35ight and wife, Susan
Recrods. DENTON county, Texas; 612, Real Property
'HENCE North 89 degrees 27 minutes 30 Seconds _ra
an iron rod found for East line of said Bonnie Brae,passing At distance
feet
1191- 00 feet with the south line of said Wright tract tO an distance ❑f
for. corner ' at th. a .inner oll of said Wright tract;
an iron rod found
THENCE South 00 degrees 32 mi.nute$. 30 seconds East, 932, 0Q . line of said Wright tract to an iron rod set for feet with a West.
Of that certain tx'act cf land conveyed by deed from Curran the Ncarth line
wi f e , Deborah R . Ashley tc James A. 8ramm$r andwifeF . A9 h�, ey and
recorded under Clerk's File Number S6-R0005915 Real► � Pau�.iec rds, r
pUTON County, Texas; , Property Rod9►
THENCE South BS degrees 26 minutes 03 seconds hest
401.
Novth line of said Brammer tract and with the North, line3$ feet, with said
of tract of land conveyed by deed from Brian W. Smell and wife that certain
tea James A. Brammerr. Jr. , 'and wife, MY Hoffman Br ► Pavia �. Snell
4189, Fags 169d, Real Property Records D ammer recorded in volume
found for corner, said point b@i ► ENTaN CoUT1C'Yr Texas, to an iron
ng the southeaQt cornea of that certain
tract of xand GonveYed by deed from Bri.ghtbn Tradin Co. L.
Wade and Sheila L. Luster recorded iri vo1 UXle '3385 g C. to Kevin M,.
records, DRNTON Cduntyl Texas Page 16, Real Property
THENCE Nexth 00 degrees 33 minutes 08 seconds we►
East lino of said Wade and Luster tract to an itrd found for cc�r�ter,
O1.S8 feat with the
said point being the Northeast corner of said Wade and ,luster tract;
THENCE South 89 degrees 30 minutes 23 seconds
an iron rod found for said Eabt line o +est, pass at 650.97 feet to
Of 70 .Op feet with the North line of Said id Honnie Brae, a total distance
rod sCt for Corner in said Bonnie Brae';; wade and Luster tract to air iron
THENCE North 00 degrees 20 minutes 24 seconds East, 29.64 Bonnie Brae to the PLACE OF BEGINNING and CONTA feet with said
more or less. xIINC 5.35 acres of land*
1
`0 ~ Its • r •• Ron-
.�+r +++.n+m n 1 z r� 1 r}A A'} :5 ►f+ l5 . f n . n r
After recording return to:
sAour documents\miscellaneous1101annexations%urch family farm 140.607 ac.doc Jennifer Walters
City Secretary
215 E. McKim-iey
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 Burch Family Farm, Ltd. ("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 140.607 acres of land, more or less, situated in the William Roark Survey,
Abstract No. 1087, Denton County, Texas, and being more fully described in that
certain Special Warranty Deed dated September 6, 2007 from Nelda G. Hackett to
Burch Family Farm, Ltd., filed for record on September 13, 2007 and recorded in
Instrument Number 2007-110041 of the Real Property Records of Denton County,
Texas. Said 140.607 acres of land, more or less, is commonly known as DCAD
Property ID 64685.
WHEREAS, the City has given notice of its intent to institute annexation proceedings for
the Property in accordance with Tex. Loc. Gov't Code ch. 43; and
WHEREAS, owners desire that the Property remain in the City's extraterritorial
jurisdiction ("ETY') for the term of this Agreement;
WHEREAS, owners and the City acknowledge that this Agreement between them is
binding upon the City and the owners and their respective successors and assigns for the term of
the Agreement}
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, OWNERS represent that it is their intention not to develop the Property
during the term of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for
purposes of retaining land in the municipality's ETJ in exchange for the property owner's
covenant not to develop the property and to authorize the municipality to apply development
regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex.
Loc. Gov't Code section 43.03 5; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
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1 ..........::.::::::.....:..:.:::: .
sAour documentslmiscellaneousll.0lannexationslburch family farm 140.607 ac.doc
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm -related and ranch -related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres. The property owner may apply to the City for division of the
land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the
purposes set forth in this section without being in violation of this Agreement. Such uses and
activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't
Code section 212.172(b).
Section 3. Governing Regulations. The following City regulations shall apply to any
development of the Property, as may be amended from time to time, provided that the
application of such regulations does not result in interference with the use of the land for
agricultural, wildlife management or forestry purposes and does not prevent the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code ("DDU), as
amended pursuant to The Denton Plan, 1999-2020, as amended, including but
not limited to the (RD-5) Zoning District regulations, and standards
incorporated therein
(2) The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria
Manuals (including construction, drainage, site design, solid waste,
transportation, tree protection standards, and water/wastewater), Denton
Mobility Plan and other approved Master Plans of the City of Denton, Texas,
and the North Central Texas Council of Governments Standard Specifications
for Public works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG
Manual);
(3) Denton building codes, as contained within Denton Code Chapters 17, 28 and
29, and DDC Subchapter 24, adopting:
a. International Building Code, 2006 Edition with local amendments;
b. International Residential Code, 2006 Edition with Appendix G and
local amendments;
C. The International Fire Code, 2006 Edition with local amendments;
2
sAour documents\miscellaneous1101annexationslburch family farm 140.607 ac.doc
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of ordinances Chapter 17, Denton Property Maintenance
Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local amendments.
j . National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code §§28-383
— 43 7 and § § 17-141 -- 210, as amended and as applicable;
1. Irrigation Standards, Denton Code §§28-441 -- 457; and
M. Moving Buildings, Denton Code §§28-326 -- 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended;
(5) Applicable water and wastewater connection, construction and on -site
operation requirements, contained within Chapter 26 of the Denton Code of
Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended,
the Denton Water and Wastewater Criteria Manual, as amended, and as
supplemented by the Texas Water Code, as amended, Texas Natural
Resources Code, as amended, Texas Utilities Code, as amended, and
applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as contained
within Chapter 30 of the Denton Code, as amended, and subchapters 17
through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as
amended, and as supplemented by requirements of the Texas Water Code, as
amended, Texas Natural Resources Code, as amended, applicable
administrative standards of the Texas Commission on Environmental Quality,
as amended, and applicable administrative standards of the Federal
Emergency Management Administration, as amended; and
(7) Gas Well platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22 of the Denton Development Code, as amended
and as applicable, and as supplemented by requirements of the Texas Utilities
Code, the Texas Natural Resources Code, the Texas Water Code, and
applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason., the Development Plan set forth in Section 2 shall remain in effect for
a period of 180 calendar days thereafter, or until the effective date of the annexation and
3
sAour documents\miscellaneous\I0\annexation s\burch family farm 140,607 ac,doc
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that
the City may deny any development application or plan of development that is submitted to the
City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect.
Section 5. A 1
greement 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.
sAour documentsViiiscellaneousll OWnexations%urch family farm 140.607 ac.doc
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12, Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon 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 52010.
Burch Family Farm, Ltd., Owners
) a�K 5'. Z! -2 - IN..
Richard L. Burch, President
Jaylle Burch, Secretary/Treasurer
THE CITY OF DENTON, TEXAS
By: ..--
'r
City Mana er, Deputy City Manager, or
Designated Representative
E
sAour documents\iniscellaneous11.01annexationslburch family farm 1.40.607 ac.doc
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of
2010, by Richard L. Burch, as President of Burch Family Farm, Ltd.
Y�
GNOME
Notary 5
March 2 G.. ,
COUNTY OF DENTON } 4
This instrument Was acknowledged before me on the day of
20105 by Janelle Burch, as Secretary/Treasurer of Burch Family Farm, Ltd.
Notary Pudic State �4 ?��
MY CA�MI ION EXPIRE
2t 3E9 3
THE STATE OF TEXAS
COUNTY OF DENTON
Notary Public, State of Texas
his instrume it was ac owled d before meon�lie- Vk'day o ' ' ,201� by
4 Manager eputy City Manager Designated
Representativ on behalf of the City of Denton, Texas.
JENNIFER K. WALTERS �
q
Notary Public, State of Texas
MY Commission Expires
Ode* December 19, 2010
��11111tt1�r
MIX
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$-ToAry'Pubvc, State of Texas
APPROVED AS TO LEGAL,_ FO„RIVI:
ANITA BURGES-S, "CITYY ATTO EY
i' 6
After recording return to:
Jemiifer 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 Don Logan, Patricia Logan, Paul
Tubbs and Tammy Tubbs ("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 a deed to Don F. Logan and wife, Patricia Logan, and
Paul Tubbs and wife, Tammy Tubbs, which is recorded as Instrument Number 94-
RO 010473 of the Real Property Records of Denton County, Texas, which is
attached hereto as Exhibit A, consisting of approximately 7.932 acres of land.
SAVE AND EXCEPT: That portion thereof conveyed from Don Logan and
Patricia Logan, husband and wife, to Paul Tubbs and wife Tammy Tubbs, by
instrument dated October 22, 1998, filed December 31, 2009, recorded as Clerks
File No. 98--R0096463, Real Property Records, Denton County, Texas, and
attached hereto as Exhibit A-1, consisting of approximately 4.390 acres of land.
Said parcel, as excepted herein, being commonly known in the records of the
Denton Central Appraisal District as Tax Parcel 166853, consisting of
approximately 3.542 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 43.03 5; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of
Denton County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the term
of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed
upon by the Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the
Property for the term of this Agreement and any extensions agreed to by the Parties shall
be limited to farm -related and ranch -related uses and customary accessory uses, and
single-family detached farm or ranch dwellings, provided that no single-family dwelling
may be located or constructed on a lot smaller than five (5) acres. The property owner
may apply to the City for division of the land subject to this Agreement into parcels, each
of which is at least five (5) acres in size, for the purposes set forth in this section without
being in violation of this Agreement. Such uses and activities constitute the development
plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governing Regulations. The following City regulations shall apply to
any development of the Property, as may be amended from time to time, provided that
the application of such regulations does not result in interference with the use of the land
for agricultural, wildlife management or forestry purposes and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which
remains lawful at the time the Agreement is executed;
(1) Zoning standards contained in the Denton Development Code
("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as
amended, including but not limited to the (RD--S) 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);
0)
(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;
G. 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.
10
j . National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
§§28-383 — 437 and §§17-'141 — 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 — 457; and
In. Moving Buildings, Denton Code §§28-326 — 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
(5) Applicable water and wastewater connection, construction and on -site
operation requirements, contained within Chapter 26 of the Denton
Code of ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton water and Wastewater Criteria Manual,
as amended, and as supplemented by the Texas water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 30 of the Denton Code, as amended, and
subchapters 17 through 19 of the DDC, as amended, the Denton
Drainage Criteria Manual, as amended, and as supplemented by
requirements of the Texas Water Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards of
9J
the Texas Commission on Environmental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
(7) Gas well platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22 of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first occurs. The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for the Property during such period if such
application or plan is inconsistent with the Development Plan. The Owners expressly
waive any vested rights that might otherwise arise under local or state law, or by common
law, from the submittal of such inconsistent development application. The Owners
further agree that no use commenced or completed on the Property that is inconsistent
with the development plan shall be considered established or in existence prior to the
expiration of the 180-day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Voluntga Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the
Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall
thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to
Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary
annexation of land as may then exist. Owners expressly and irrevocably consent to
annexation of the Property under such circumstances. Owners further agree that such
annexation by the City shall be deemed voluntary, and not sub ect to the requirements
and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section
43.052, or successor statute.
Section 5. Notice of Sale. Any person who sells or conveys any portion of the
Property shall, prior to such sale or conveyance, give 30 days written notice of this
Agreement to the prospective purchaser or grantee. A copy of the notice shall be
forwarded to the City at the following address:
City of Denton, Texas
ATTN: Director of Planning and Development
[I
221 N. Elm Street
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change� in Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
instrument.
Section 13. Term and Extension. The initial term of this Agreement shall be for a
period of five (5) years from the Effective Date (the "Term"). The Effective Date of the
Agreement shall be the date the Agreement is executed by the City. The Term may be
extended upon mutual agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall
survive termination of this Agreement, together with any other provisions, as may be
necessary for the implementation of those sections.
The Parties hereto have executed this agreement as of a11
ers
I fl'4�1
Do an
C C7Z7�
Patricia Logan
Pa 1 Tubbs
Tammy u bs
THE CITY OF DENTON, TEXAS
By•
City Manager, Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON I
This instrument was acknowledged before me on the
11
20AU by
1 day of f/
CHIRISTIN11 A. DICK
. Notary Public State of Text ,� ►. �
a MY CAMISSION EXPIRES
NotaVPublic, State of Texas
fits , AM
COUNTY OF DENTON
Th's instrument was acknowledged before me on the day of-T;\k.1
20, by �►
96�Notary Public State of Tex MY CO�►�+IMISSION EXPIRES '"`°�h'°' Nota Public, State of Texas ry
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the �� day of. MYVACkY ,
20W by TC MMM lkL�Os Y&
S�EPHAAIE i.Yl#N CLEMMONS w
�1�•1 •,'`�C! Notary Pb1iC, $18t9 nf !B'J�6S r
' Commission Ex** :pirg�
=y h^" 2013 Notary Ablic, State of Texas
6
THE STATE OF TEXAS
COUNTY OF DENTON
4-VI
This instrument was acknowledged before me on the day of - (lam
20 IN), by
,tisE+rrr►
t•tiFP►�vA•`•.SYEpHAN�� I.Yt�N CI.EM77�T
r • .;r,._ Notary QbliC, State of SI
My Commission
> . f;br;a
, __ , Notary Public, State of Texas
...+r•.--...r tj.tti ti
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknow ed before on the day of
,20by City
IManag%edeputy City Manager/Designated R resentative, on behalf of the City of Denton,
Texas.
JI-NNIFER K
NotarCo Public, State of Texas
Y MMission Expires
���"iaii� �`• December 19, 2010
APPROVED AS TO LEGAL FORM,
L
�J
7
. ...........
tart' PA#, State of Texas
WARRMTY DEED (WITH "=OR# S LIEN) 010473
THE STATE OF TICXASr
KNOW ALL MEN BY THESE PRESENTSO
COUNTY OF Denton.
THAT Jack Erickson, a. a ingle person
of the County
of Warrant State of Texaa for and in
iJ sir TEN AND Nv / 1 0 0 lap � ""r r"' .d. try ra. nr �... w sn .. p► .o .re. r�. «. +.�.... �
consideration of the sum
s+ #i0 w+ rir Py► r 1r iriw F.r we W wY 1stY rw W cash and other good
tyerood and valuable
consideration DOLLARS
to me p�►
aid and secured to be paid, by Don F Logan and
Pat Logan and Paul Tubbs and wife, Tammy Tubbs
hereinafter referred to as Grantee r as f of lows p
� the
further consideration of the execution and delivery
of Grantee's promissory xvte in the principal sum of 2 .5Uv. oil,
of
even date hererwithr payable to Denton U * S . 377 investment
Company,
as in said note specified; which said note represents
purchase moneyadvanced. )>y Denton. H. S . 377 Inveat08ut Company
for which the
Vendor's Lion along with superior title is hereby.
resery
ed and retained in favor of Denton U w So 377 Inveo tMent
Company,
said note being further secured bar Treed of Trust of even
date
herewith to Bill' B • Hill, it. , Trustees covering the
herein conveyed property;
have Gr
anted, Sold and Conveyed, and by these presents do Grant,
sell and Convey, unto the said Don r. Logan and wife, pat Locgran
and pain.
Tubbs and wife, Tammy Tubbs, whose mailing address 10
3.507 voIeanicy E1 Paso, Texas 79904, of the County of Trenton
State of
Texas all that certain lot, tract or parcel. of land
situated in Denton Count3, r Texas, described as fol lOWS :
SEE EXHIBIT ,A,, ATTACHED HERETO AM MADE A PART HEREOF
FOR ALL INTENTS AND PURPOSES
This 10 conveyed subject to covenants, oondi tione ,
property
res trie tions , exceptions, easements, leasesp and Minsral
reservations of whatsoever nature of record, if and', and also to
the zoning laws and other restri.otions, regulations, ordinances
or
statutes of municipal or ether governmental authoritiOse
TO HAVE AND TO HOLD the above described premis.eo, together
with all and singular the rights and appurtenanoe a th6reto in
an �ise belonging unto the said Grantees, their'- h+�itw, and- --assigns
forever and I do hereby bind myself, MY he irs-,. -'executors- _-and
a.dmini s trators , to Warrant and Forever Def end,. - al.l and oingular
the said premises unto the said Grantees, thd- ir. nd
M
Person whomsoever lawfully cl.airaimg, or to
assigns, against every claim the s amO r or any part theraof. read and stipulated that the Vendo r f s
But i t �. � expressly � r�
Lion is retained against the abovedescribed pp ertY. Prami " sl
and improvements,
ntil the above described note, anal. all
interest thereon ar �' paid aid according to its face and tenor r affect and reading, when this dead shall become aboolutO
WITNESS -my hand at Hurst,r Texas
Mailing address Of grantee:
Name z
Address:
r
w
Exhibit "All
LEGAj DESCRIPTION
BEING a 7,932 2 acre tract of land out of a 92,172 acre tract
conveyed to W.C. Orr as recorded in a Trustee Deed in Volume
,
76 , Page 6S2 of the Deed Records of Denton County, Texas,
saidlying
tract 1 in in the Janes Severe Survey Abstract No*
1164 in Denton county, Texas and being more particularly
described as follows*
Beginning at the northwest corner of said Orr tract and
said Severe Survey;
THENCE N 89'049' 31" E along the north line of said Orr
tractfor 2079.15 feet to the northeast corner of said Orr
tract, same being the west line of the Texas and Pacific
Railroad right-of-way;
�- THENCE S 31 ° 21 ' 45" W along said crest line and the east line
of said Orr tract for 260.55 feet to a► point;
THENCE S 26*53' 48" W continuing along said line for 256.65
feet to a point;
THENCE S 890'27' 30" W for 555.12 feet to a point;
THENCE N 000 32' 30" W for 424.22 feet to a POint ;
THENCE S 89049' 31" W for 1265.03 feet to e � point on the said
west line of the Orr tract and Severe Survey;
THENCE N 00'32'30" W along said west line for 30.00 feet to
the POINT OF BEGINNING and CONTAINING 345,537.65 square feet
or 7.932 acres of land more or less.
w
Qynthia Col-mty o I crl, 0
iceclu
s ,b
i, a L e mid
COI�•�et 'Copy Of i� 6.-O � io-n-al 0- fi f e
and Dll f c(,,,6x
t U.f. v fL•F��t
WARRANTV DEED
Date: October 22, 1998 ,
grantor: DEN F. L�GA and wife, PATRICIA A. LOGAN
Grantor's Mailing Address Cincluding eountO
DON F. LOGAN
6967 Bonnie Brac
Argyle, TX 76226
Denton Count►
PATRICIA A. LOGA.N
6967 Bonnie brae
Argyle, TX 76226
Denton County
Grantee: PAUL► A. TU13BS and wife, TAMMY D. TUBBS
Grantees Mailing Addrm (including county):
PAUL► A. TUBl3S.
6965 Bonnie Brae
,argyle, TX 76226
Denton County
TAMMY D. TUBBS
6965 Bonnie brae
Argyle, TX 76226
Denton County
Consxderatian : TEN AND NOl l o0 DOLLARS and other good and. valuable
consideration.
Property (including any Improvements);
All that certain lot, tract or parcel of laud situated In the 3, Severe Survey Abstract
Number 1164, Denton County, Texas, containing 4,390 acresof laud, and being more
full set forth and described in Exhibit "A" which is attached hereto and made a pad
y
hereof for all purposes.
Reservations From and Exceptions to Conveyance and warranty:
hts-of- wa , and preseriptive rights, whether of rccotd or snot; all
Easementsr � y presently recorded instruments, other the liens and conveyances, that affect the property,
taxes for the current year, the payment of which Grantee assumes.
for the consideration, receipt of which is acknowledged, and subject to the
Grantor,
reservations from and exceptions to Conveyance and warranty, grants, sells and conveys to
Grantee the property, toge they with all and siugular the rights and appurtenances thereto in
wise helots �i�i } to have and hold it to Grantee. Cn`antee's heirs, executor, administrators,
any f never. grantor binds Grantor and Grantoes heirs, executors, - --- _ -
successors or ass gms o
ini trators and successors to warrant and forever defend all and sin�tiar the property to
administrators _
Grantee and Grantee's heirs, executors, administrators, successors acid assigns against every P -
e son whowseever lawfully claiming or to c;laiin the same or auiy part thcteof, except as to
the reservations from and exceptions to conveyame. and warranty■
When the context requires, singular nouns and pronouns include the Aura[.
]DON F, L(GA
PATRICIA A. LOGAN
ACKNOWLEDGMENT
EDGMENT
STVrE of TEXAS §
COUNTY OF IDENWN §
I.Mis, instrument was acknowledged cknowled ed before me Oil /0%43 , 1 98, by DON F*
LOGAN.
Notary Public, State of Texas
ACIKNOWLEDG lENT
STATE OF TEXAS §
COUNTY of DENTON
' was acknowledged before me of' 2,J 1998, by PATRICIA A.
This instrument
LOGA.N.
.t ■
7ERM SHMMOftlPOMINSOCtum , ; 'j,
i
B4 a 1 G! r i
Notary Public, Mate of Texas
PREPARED IN THE OHICE OF:
L. A. Nelson
1 o I South I.,ocust, Suite 700
Denton, TX 76201
AFFER RL('OI DING RETURN `1-0-6
Mr, and Mrs, Paul A. 'Tubbs
6965 Bonnie Brae
Argyle, TX 76226
E 2i
ol.
. t
BEING all that certain lot, tract or parcel of land situated in the J. Severe Survey Abstract
Number I� 164 Denton County, Texas, being a pail of that certain tract of land conveyed by
deed from
Jack Erickson to Don F. Logan et al recorded under Clerk's File Number 94-
Rya 1 a473, Real Property P'ro a Records, Denton County, Texas, and being more particularly
described as follows;
COMMENCING at a fence corm' for corner In the west line of the Texas and Pacific
-� '-wa said point being the southeast cOmct of that certain tract of lead
Railroad right Y� p ker et al to V. D. Burch recorded in Volwne 288,
conveyed by deed from Robert F. Doleri,
page 137, Deed Records, Denton CoUlItyg Texas;
THENCE S 89 W
31 " Wt 176.05 feet with the south line of said Burch tract to an iron rod
set for PLACE OF BEGINNINQ,
THENCE S 00° 3 l' 49" E, 238,36 feet to an Iron rod set for corner;
28,511, w 638.72 feet to an ixolt rod set for Garner in the east line of that
certain tract of land OnVeYed by deed from Dennis waYne Smith and wife, Kerri W1uY
" 'ou�n cr recorda�d under le •k's Filet uber 97-R 90947, Real Property
�tnrth �� Jess
Records, Denton County, Texas;
THENCE N
40° 33' 30" wf 212.39 feet with said east line of said Youn&er tract to an iron
rod found for corner, said point being the n.orthellst comer of said Youngker tract;
THENCE, '
C , S 890 4Y 31" , 1265.07 feet with the north line of said Younker tract to an
xrar� rod
found far corner in bonnie Brae, a �pu�blic roadway, said point bung the northwest
corner of said Youngker tract
THENCE 4t° 3' 53" w,9.81 feet with said Bonnie Brae to an iron rod found for corner,
` in the southwest corner of that "main tract of land Gonvcyed by deed 1-rarn
said point �
Robert J. Grunnah,
Trustee to Robert E. Skipworth mid Faye Marcille Skipworth recorded
in Volume 819, Page 7801, Deed. Records, Denton County, Texas;
THENCE N 89* 49' 31 " E, pass at 1717.0 feet the southwest cOnler of said Burch tract, a
"
total distance of 1903.38 feet with the south line of said Sklipworth and Burch tracts to the
PLACE OF BEGINNING and containing 4.390 acres of land.
Feb 04 2010 17:10
CITY OF DENTON
9403827923
p.1
.after recording return to
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
CH) TER 212 TEXAS LOCAL GOVERNMENT CODE
NON -ANNEXATION AGREEMENT
This Agreement 1s a tered into pursuant to Section 212.172 Tex. LocW Gov"t Cade by and
between the City of eaten, Texas (the "City") and Thomas M. McMurray ("Ownm"'), the
property owners of th liereinafter described property (the "Property") in Denton County, Texas,
sometimes individuall or collectively referred to as "Party" or "Parties",,
Being 6.266 res of land, more or less, situated in the James Severe Survey, Abstract
No. 1164, D ton County, Texas, and being more fully described in that certain
Corrected Ge eral Assumption Warranty Deed corrected on January 11, 2010, but
effective December 19, 2007 from Reichmann Hills of Argyle, LLP to Thomas M.
McMurray, fi l d for record on January 11, 2010 and recorded in Instrument Number
2010-2921 of a Deal Property Records of Denton County, Texas. Said 6.226 acres of
land, more or l ss, is commonly known as DCAD Property ID 166850.
SAE EXCEPT: 0.034 acres of land, more or less, previously conveyed by
Donatic n Deed dated April 7, 2005 from Reichmann Hills of Argyle, L.L.P. to
Denton County, Texas, filed for record on April 12, 2005 and recorded in
Instrmlent Number 2005-42653 of the Real Property Records of Denton County,
Texas.
WHEREAS. t City has given notice of its intent to institute annexation proceedings for
the Property in. a�ccor , ce with Tex. Loc. Gov't Cade ch. 43; and
WHEREAS, ers desire that the Property ren m the City's extraterritorial
jurisdiction C"ETY) fo the tern of this Agreement;
VYIMREAS, C
ers and the City acknowledge that this Agreement between them is
binding upon the City d the Owners and their respective successors and assigns for the term of
the Agreements,
WHEREAS, a Denton County Appraisal District records show that the Property
currently is apprai for ad valorem tax purposes as land for agriculturai or wildlife
management use, or ti ber land pursuant to Tex, Tax Code chapter 23.C, D, or E; and
WHEREAS, WN ERS represent that it is their intention not to develop the Property
during the term of this gre went; *and
I
WHEREAS, T6. Loc. Gov't Code section 43.035 autho rize s a ro owner and a
property
municipality to enter i to 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 devel p the property and to authorize the mumcipal. ity to apply development
regulations not inconsi Aent -with agricultural use; and
Feb 04 2010 17 : 10 CITY OF DENTON 9403827923 p,2
i
VMEREAS the Parties are desirous of entering into an agreement authorized under Tex.
Loc. Gov't Code section 43.035; and
t
WHEREAS, � t4is Agreement is to be recorded in the Real Property records of Denton
County, Texas; I
NOW, THE FORE, in consideration of the mutual covenants contained herein, the
Pmties hereto agree as follows;
Section 1. Ccntinuation of ETJ Status. The City guarantees the eontmuati+on of the
extraterritorial status f the Property and agrees not to annex the Property for the term of this
Agreement, as herein a er defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, howeNer, to the provisions of this Agreement.
Section 2. De4elopMent Plan. The Owners covenant and agree that use of the Property
for the term of this ic.
reernent and any extensions agreed to by the Parties shall be limited to
farm -related and onrelated uses and customary accessory uses, and single-family detached
farm or ranch dwelli, provided that no single-family dwelling may be located or constructed
on a lot smaller than a (5) acres. The property owner play apply to the City for division of the
land subaect to this Acement into parcels, each of which is at least five (5) acres in size, for the
purposes set forth inis section without being in violation of this Agreement. Such uses and
activities constitute th development plan for the Property in satisfaction of Tex. Ue. Gov't
Code section 212.172(p).
t
Section. fro.e ulations. The following City regulations shall apply to any
development of the operty, as may be amended from time to time, provided that the
application of such r gulations does not result an interference with the use of the land for
agricultural, wildlife managmnent or forestry purposes and does not prevent the continuation of a
use establlsbed prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed..
{1)
Zon.ng standards contained in the Denton Development Code C"DDC"), as
acne ded-pursuant to The Denton Plan, 1.999-2020, as amended, including but
not limited to the (RD-5) Zoning District regulations, and standards
incor
porated therein
(2) The subdiAsion and development regulations contained within the Denton
De,vblopment Code, as amended, together with applicable Design Criteria
i
Mar#Ws (including construction, drainage, site design, solid waste,
trap portation, tree protection standards, and water/wastewater), Denton
Mobility Plan and ether approved Master Plans of the City of Trenton, Texas,
and the Forth Central Texas Council of Governments Standard Specifi.cations
for Ublic works -Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG
Manual);
0J,
Feb 04 2010 17: 1 O CITY OF DENTON 9403827923 P . 3
t
(3) Ike ton wilding codes, as contained within Denton Code Chapters 1.7, 28 and.
29, iand DDC Subehapter 24, adopting:
International Building Code, 2006 Edition with local amendments-
International Residential Code, 2006 Edition with Appendix G and
local amendments;
The International Fire Code, 2006 Edition with low amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
International Fuel Gas Code, 2006 Edition with local amendments;
International Mechanical Code, 2006 Edition with local
amendments
�
Code of Ordinances Chapter 17, Denton Propertyp Maintenance
Code, as amended;
International Energy Conservation Code, 2006 Edition with
i regional amendments,
National Electric Code, 2005 Edition with local amendments,
National Electric Safety Cade, 2003 Edition, with regional
amendments;
Minimum dousing and building standards, Denton Code §§28-383
-� 43 7 and § § 17.141 — 210, as amended and as applicable;
Irrigation Standards, Denton Cade §§28-441 — 457; and
�. Moving Buildings, Denton Code §§28-326 -- 375;
(4) Sigi regulations, as contained within Subchapter 15 of the DDC, as amended;
(5) Ap olieable water and wastewater connection, construction and on -site
ope ataon requirements, contained within Chapter 26 of the Trenton. Code of
Or ces, as amended, and Subchapters 16 and 21 of the DDC, as amended,
the Penton water and Wastewater Criteria Manual, as amended, and as
sup lenzented by the Texas `water Code, as amended, Texas Natural
Res urces Code, as amended, Texas Utilities Code, as amended, and
app icable administrative standards of the Texas Commission on
Envt ronmenW Quality, as amended;
Aprlicable Flood Protection Drains a and related standards as contained
wi Chapter of the Denton Code, as amended, and subchapters 17
throbgh 19 of the ITC, as amended, the Denton Drahiage Criteria Manual, as
amended, ded, and as supplemented by requirements of the Texas Water Code, as
am ded; Texas Natural Resources Code, as amended, applicable
a mistrative standard's of the Texas Comm fission. on Eavirorxmental Quality,
as pmended, and applicable administrative standards of the Federal
Emergency Management Administration, as amended; and
(7) Gas Well platting, drilling and production standards, as contained in
§351,16,19 and subohapter 22 of the Denton Development Code, as amended
3
Feb 04 2010 1 7 : 10 CITY OF DENTON 9403827923 p . +4
andl as applicable, icable, and as supplemented b re ukments of the Texas Dti Iiti e s
pP �� Y �
Co4e, 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. v 1 i nt Tian t Remain i e o e o e� n 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 cal e' dar days thereafter, or until the effective date of the annexation and
permanent zoning of a Property, whichever first occurs. The Parties covenant and agree that
the City may deny anT d eve l opm ent application or plan of development that i s 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 an vested rights that might otherwise arise
under local or state lad, or by common law, from the submittal of such ifnconsistent 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 establ i shed or in existence prior to
the expiration of the 180-clay period during which. the Development plan is in effect.
Section 5. Aa ement Deemed void in P } VolunjgU Annexation..
3
3
(A) If an Owner files any application or plan of development for or otherwise
commences developt of any portion of the Property inconsistent with the Development Plan
provided in Section 2, 6ections 1 and 3 of this Agreement shall thereupon become null. and void.
(B) Therea*r the City may initiate anaexati.on 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 existl [owners expressly and irrevocably consent to annexation of the Property
under such circumsta#ces. 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, v't Code section 43.052, or successor statute.
Section 6. NoI
ce of Sale. Any person who sells or conveys any portion of the Property
shall,prior to such s e or conveyance, give 30 days vM*tten 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 PI and Development
221 N. Ehn Street
Benton, TX 76201
Section 7. Ree rdi�n . This Agreement is to run with the Property and be recorded in the
real property records, enton. County, Texas,
Section S. ey�rability, Invalidation of any provision of this Agreement by judgment or
court order shall not itivalidate any of the remaining provisions which shall remain in full force
and effect.
ME
Feb 04 2010 17: 10 CITY OF DENTON 9403827923 p. 5
Section 9. Re iedies, This Agmement may be enforced by either Owner or the City by
any proceeding at later l or in equity. F ail ure 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 address4d in this Agreement
Section 10. an a in Law. No subsequent change in the lave regarding annexation shall
7
affect the enforceabili of this Agreement or the City's ability to annex the properties covered
herein pursuant to Se+ciion 4.
Section 11. v ue. venue for this Agreement shall be in Denton County, Texas.
k
Sermon 12. Ejecution in Multiple Co ies. This Agreement may be separately executed
in individual counterp4fts and, upon execution, shall constitute one and same instrument'.
Section 13. T � Extension. 'ride 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 greement is executed by the City. The Term may be extended upon
mutual agreement of a Patties.
Sermon 14. S6miva l of Covenants. The covenants in Sections Z. and 4 shall survive
termination of his Agreement, together with any other provisions, as may be necessary for the
implementation oftho4 sections.
The Parties hereto have executed this agreement as of 2010.
Owners
Thomas M. McMurray
THE CITY OF DENTON, TE
By;
City Wral ager, D' eputy City Aanagcr, or
Designated Representative
5
Feb 04 2010 17s10
CITY OF DENTON
p.6
THE STATE OF 'FEXA$
COUNTY OF DENTON �
This instrument was acknowledged before me on the day of
2010, by Thomas M. M Murray.
`, +� .•.,T JEAN A. WINNER
* IUlY C4MiIISSION EXPiIES Ell.
ov tuber 20, �0,
I�lii►
Notary Public, State of Texas
THE STATE OF TEXA� }
COUNTY OF DEN TOX �
This uistru ent 1was a • kno ged befo the � day d 20 Id. by
�i Ili snag eputy City Man ag �r/Des ig�nated
Represents , on behaff ofthe City of Denton, Texas.
�'''`' P'''•' JENNIFER K. WALTERS
Notary Public, 5iate of Texas
rN�;t z7r
My Commission Expires
December 119 2010
1
APPROVED AS T— 0 'EG L FORM:
ANITA.13DOES S, Cff Y ATTORN� E`
F'?Iary P C� 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 b and
p y
between the City of Denton, Texas (the "City") and David P. Norris ("Owners"), the property
owners of the hereinafter described property (the "Property") in Denton County, Texas,
sometimes individually or collectively referred to as "Party" or "Parties":
Being 5.978 acres of land, more or less, situated in the Jaynes Severe Survey, Abstract
No. 11645 Denton County, Texas, and being more fully described in that certain
Assumption warranty Deed dated February 11, 1993 from Bert Gibbs to David P. Norris,
filed for record on February 24, 1993 and recorded in volume 3455, Page 210 of the Real
Property Records of Denton County, Texas.
SAVE & EXCEPT: 0.580 acres of land, more or less, situated in the Jaynes Severe
Survey, Abstract No. 1164, Denton County, Texas, and being more fully
described in that certain Donation Deed dated February 12, 2005 from David P.
Norris and Kathleen Norris to Denton County, Texas, filed for record on March 2,
2005 and recorded in Instrument Number 2005-24107 of the Real Property
Records of Denton County, Texas.
WHEREAS, the City has given notice of its intent to institute annexation proceedings for
the Property in accordance with Tex. Loc. Gov't Code ch. 43; and
WHEREAS, Owners desire that the Property remain in the City's extraterritorial
jurisdiction ("ETF) for the term of this Agreement;
WHEREAS, owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement,
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, OWNERS represent that it is their intention not to develop the Property
during the term of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for
purposes of retaining land in the municipality's ETJ in exchange for the property owner's
covenant not to develop the property and to authorize the municipality to apply development
regulations not inconsistent with agricultural use; and
WHEREAS, 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 constructions 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:
1)
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 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;
1. National Electric Code, 2005 Edition with local amendments.
10
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
91
applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for
a period of 180 calendar days thereafter, or until the effective date of the annexation and
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that
the City may deny any development application or plan of development that is submitted to the
City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part,- Voluntga Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of
land as may then exist. Owners expressly and irrevocably consent to annexation of the Property
under such circumstances. owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, Tx 76201
Section 7. Recorder. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. SeverInvalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in„Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Tenn and Extension. The initial term of this Agreement shall he fora nerinri
of five (5) years from the Effective
shall be the date the Agreement is
mutual agreement of the Parties.
Date (the "Tenn"). The Effective Date of the Agreement
executed by the City. The Term may be extended upon
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
The Parties hereto have executed this agreement as of , 2010.
Owners
David P. rris
THE CITY OF DENTON, TEXAS
By: �.
City Manag r, Deputy City Manager, or
Designated Representative
5
THE STATE OF TEXAS
COUNTY OF DENTON
Vvk
This instrument was acknowledged before me on the day of ,
2010, by David P. Norris.
�,,��,�„�►,, SIEpHANtI: m4N �4 MQ s
�``ti►"� A�'�f� Public, Sta
00
. Notary Tres
mission Exp
rr ■ L. 4■
THE STATE OF TEXAS
COUNTY OF DENTON
Notary Pt%lic, State of Texas
This instru Vent was ac oe ed beforet day o ,20/t/) by
.. .. ... .. . . Mana r/Deputy City Mana r/Designated
Representaifye, on behalf of the City of Denton, Texas.
�titiir�rir JENNIFER K, WALTERS
Notary Public, State of Texas
MY Commftissi}on Expires
0;
r►��s�►�
APPROVED AS TO LEGAL FORM:
N t y Publ' tate of Texas
Z
After recording return ft+
a
sAour documentArniscellaneous1101annexationsljoseph & donna spears non -annexation agreement 3.154 ac.doc Jennifer Walters
City Secretary
215 E. McKinney
Denton, Tx 76201
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
NON -ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and
between the City of Denton, Texas (the "City") and Joseph A. Spears alk/a Joseph Spears &
Donna D. Spears ("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 3.154 acres of land, more or less, situated in the James Severe Survey, Abstract
No. 1164, Denton County, Texas, and being more fully described in that certain
Warranty Deed with Vendor's Lien dated March 4, 1993 from Leslie Farmer to Joseph
A. Spears and wife, Donna D. Spears, filed for record on March 11, 1993 and recorded
in Instrument Number 93-R0014019 of the Real Property Records of Denton County,
Texas.
SAVE & EXCEPT: 0.3769 acres of a called 0.775 acre parcel of land, situated in the
James Severe Survey, Abstract No. 1164, Denton County, Texas, and being described
in that certain Donation Deed dated February 10, 2005 from Joseph Spears and Donna
D. Spears to Denton County, Texas, filed for record on March 2, 2005 and recorded in
Instrument Number 2005-23935 of the Real Property Records of Denton County,
Texas.
The remaining 2.7771 acres of land, more or less, is commonly known as DCAD
Property ID 166864.
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
s:\our documents\miscellaneous\I O\annexations\j os eph & donna spears non -annexation agreement 3.154 ac.doc
covenant not to develop the property and to authorize the municipality to apply development
regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex.
Loc. Gov't Code section 43.035; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the terra of this Agreement and any extensions agreed to by the Parties shall be limited to
farm -related and ranch -related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres. The property owner may apply to the City for division of the
land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the
purposes set forth in this section without being in violation of this Agreement. Such uses and
activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't
Code section 212.172(b).
Section 3. Governing Reizulat16
ions. 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
sAour documents\miscellaneous\10\annexations\Joseph & donna spears non -annexation agreement 3.154 ac.doc
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
In. Moving Buildings, Denton Code §§28-326 — 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended;
(5) Applicable water and wastewater connection, construction and on -site
operation requirements, contained within Chapter 26 of the Denton Code of
Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended,
the Denton Water and Wastewater Criteria Manual, as amended, and as
supplemented by the Texas ,'Dater Code, as amended, Texas Natural
Resources Code, as amended, Texas Utilities Code, as amended, and
applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as contained
within Chapter 30 of the Denton Code, as amended, and subchapters 17
through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as
amended, and as supplemented by requirements of the Texas Water Code, as
amended, Texas Natural Resources Code, as amended, applicable
administrative standards of the Texas Commission on Environmental Quality,
as amended, and applicable administrative standards of the Federal
Emergency Management Administration, as amended; and
3
sAour documents\miscellaneous\10\annexations\joseph & donna spears non -annexation agreement 3.154 ac.doc
(7) Gas well platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22 of the Denton Development Code, as amended
and as applicable, and as supplemented by requirements of the Texas Utilities
Code, the Texas Natural Resources Code, the Texas water Code, and
applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for
a period of 180 calendar days thereafter, or until the effective date of the annexation and
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that
the City may deny any development application or plan of development that is submitted to the
City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Voluntary Annexation.
(A) If an owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of
land as may then exist. owners expressly and irrevocably consent to annexation of the Property
under such circumstances. owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address;
City of Denton, Texas
ATTN: Director of Planning and Development
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.
CI
sAour documentslmiscettaneous\IOlannexationsljoseph & donna spears non -annexation agreement 3.154 ac,doc
Section 8. Sever Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as
to matters not addressed in this Agreement.
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.
of five (5) years from the Effective
shall be the date the Agreement is
mutual agreement of the Parties,
The initial term of this Agreement shall be for a period
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 92010.
Owners
sAour documents\miscell aneous\IO\annexations\joseph & donna spears non -annexation agreement 3.154 ac.doe
THE CITY OF DENTON, TEXAS
By:
City Manager, Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY of DENTON
This instrument was y acknowledged before me on the day of
� s
20105 by Joseph A. Spears.
0"iSTINE A* DIM
�j Notary Public State of Tay
11 * MY C 4MISSION EXPIRES
�.VeMb Eo 4013
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the
2010, by Donna D. Spears.
COUNTY of DENTON
day of ,
y
. ..... . .. . .............. .... &
Notary Public, State of Texas
is instrume -was ackno led ed before n4e.
s
Representativ �pn behalf of e City of Denton, Texas.
JENNIFER K. WALTERS
Notary Public, State of Texas
My Commission Expires
December 19, 2010
CNIUST11145 A. DICK
Notary Public state of T$X
MY co(iMISSIoN EXPIRES
+� Maroh 2, 2013
day o
ana. .....gerJ)eputy City M
N t ry Publi State of Texas
,2o r by
,erfDesignated
sAour documentslmiscellaneous\10\annexationsljoseph & donna spears non -annexation agreement 3.154 ac.doc
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTOPRN-EY
J
d
B •-
After recording return to
sAour documents\miscellaneous\IO\annexation s\'ose h & donnas ears non -annexation agreement 4.144 ac.doc
� p p g 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 Joseph A. Spears alkla Joseph Spears &
Donna D. Spears ("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 4.140 acres of land, more or less, situated in the James Severe Survey, Abstract
No. 1164, Denton County, Texas, and being more fully described in that certain
Warranty Deed with Vendor's Lien dated November 17, 1995 from Jack Erickson to
Joseph A. Spears and Donna D. Spears, filed for record on November 21, 1995 and
recorded in Instrument Dumber 95-R0072993 of the Real Property Records of Denton
County, Texas.
SAVE & EXCEPT: 0.3981 acres of a called 0.775 acre parcel of land, situated in the
James Severe Survey, Abstract No. 1164, Denton County, Texas, and being described
in that certain Donation Deed dated February 10, 2005 from Joseph Spears and Donna
D. Spears to Denton County, Texas, filed for record on March 2, 2005 and recorded in
Instrument Dumber 2005--23 93 5 of the Real Property Records of Denton County,
Texas.
The remaining 3.7419 acres of land, more or less, is commonly known as DCAD
Property II7166852.
WHEREAS, the City has given notice of its intent to institute annexation proceedings for
the Property in accordance with Tex. Loc. Gov't Code ch. 43; and
WHEREAS, Owners desire that the Property remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this Agreement;
WHEREAS, owners and the City acknowledge that this Agreement between therm 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
sAour documents\m is cell aneous\ 1 ftmex ations\j os eph & donna spears non -annexation agreement 4.140 ac.doc
covenant not to develop the property and to authorize the municipality to apply development
regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex.
Loc. Gov't Code section 43.035; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm -related and ranch -related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres. The property owner may apply to the City for division of the
land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the
purposes set forth in this section without being in violation of this Agreement. Such uses and
activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't
Code section 212.172(b).
Section 3. Governing Regulations. The following City regulations shall apply to any
development of the Property, as may be amended from time to time, provided that the
application of such regulations does not result in interference with the use of the land for
agricultural, wildlife management or forestry purposes and does not prevent the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code ("DDC"), as
amended pursuant to The Denton Plan, 1999-2020, as amended, including but
not limited to the (RD-5) Zoning District regulations, and standards
incorporated therein
(2) The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria
Manuals (including construction, drainage, site design, solid waste,
transportation, tree protection standards, and water/wastewater), Denton
Mobility Plan and other approved Master Plans of the City of Denton, Texas,
and the North Central Texas Council of Governments Standard Specifications
0,
sAour documentslmiscellaneousllDlannexations\joseph & donna spears non -annexation agreement 4.140 ac.doc
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
— 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
3
sAour documents\miscellaneous\14\annexations\Joseph & donna spears non -annexation agreement 4.140 ac.doc
(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 1 S0-day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part• Voluntar Annexation.
(A) If an owner files any application or plan of development for or otherwise
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.
►1
sAour documents\miscellaneous\10\annexations\joseph & donna spears non -annexation agreement 4.140 ac.doc
Section 8. S everability. Invalidation of any provision of this Agreement by judgment or
16
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. Chanze in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. The initial term of this Agreement shall be for a period
of five (5) years from the Effective
shall be the date the Agreement is
mutual agreement of the Parties.
Date (the "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
10
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
The Parties hereto have executed this agreement as of 2/9, 2010.
Owners
,..�
Jo ph A. S ears
!:��
lip
Donna . Spears
9
sAour documents\miscellaneousllUlannexationsljoseph & donna spears non -annexation agreement 4.140 ac.doc
THE STATE OF TEXAS
COUNTY OF DENTON
THE STATE OF TEXAS
COUNTY OF DENTON
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before
THE CITY OF DENTON, TEXAS
By:
City Mana er,Ne-p_*u'Ry City Manager, or
Designated Representative
the day of ,20/6, by
City 1Vlana rlDeputy City Mang er/Designated
Repre s entakve, on behalf of the City of Denton, Teia�.
,,���� ��'��• J NNIFER K. WALTERS
Notary Public, State of Texas
My Comm sslon Expires
liai
0--))C)
N t ry Publ' , State of Texas
i1
sAour documents\miscellaneous\10\annexations\joseph & donna spears non -annexation agreement 4.140 ac.doc
APPROVED AS TO LEGAL FORM:
ANITA BURGESS; CITY A _ R NEY
a
After recording return tc
Jennifer Walters
City Secretary
215 E. Mel,-' 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
�1 ("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 propert described in a deed to �'Te- Ka_ which is recorded at
7 vol. age 12-11 of the Deed Records of Denton County, Texas, and
commonly known as Tax Parcel No. , which is attached
hereto as Exhibit A, consisting of approximately I acres of land.
�ID9 7 W k 944?� --rf-ACT6pr,4Ty _r3i 2.ZV?60
j J �
F4
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:
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. GoverniLn Re lations. The following City regulations shall apply to
any development of the Property, as may be amended from time to time, provided that
the application of such regulations does not result in interference with the use of the land
for agricultural, wildlife management or forestry purposes and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which
remains lawful at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code
("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as
amended, including but not limited to the (RD-5) Zoning District
regulations, and standards incorporated therein
(2) The subdivision and development regulations contained within the
Denton Development Code, as amended, together with applicable
Design Criteria Manuals (including construction, drainage, site design,
solid . waste, transportation, tree protection standards, and
water/wastewater), Denton Mobility Plan and other approved Master
Plans of the City of Denton, Texas, and the North Central Texas
Council of Governments Standard Specifications for Public works
Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual);
(3) Denton building codes, as contained within Denton Code Chapters 17,
28 and 29, and DDC Subchapter 24, adopting:
a. International Building Code, 2006 Edition with local
amendments;
b. International Residential Code, 2006 Edition with
Appendix G and local amendments;
C. The International Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
2
e. International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 1.7, 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 §§28-44t — 457; and
In. Moving Buildings, Denton Code §§28-326 — 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
(5) Applicable water and wastewater connection, construction and on -site
operation requirements, contained within Chapter 26 of the Denton
Code of Ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton water and wastewater Criteria Manual,
as amended, and as supplemented by the Texas water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 30 of the Denton Code, as amended, and
subchapters 17 through 19 of the DDC, as amended, the Denton
Drainage Criteria Manual, as amended, and as supplemented by
requirements of the Texas water Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards of
the Texas Commission on Environmental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
(7) Gas well platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22 of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
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. S everabil�. Invalidation of any provision of this Agreement by
judgment or court, order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
n
Section 9. Remedies. This Agreement may be enforced by either Owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change in Law;. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12.. Execution in Multiple Co ies. This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
instrument.
Section 13. Term and Extension. The initial term of this Agreement shall be for a
period of five (5) years from. the Effective 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 STATE OF TEXAS I
COUNTY OF DENTON I
5
THE CITY OF DENTON, TEXAS
By:
City Manager, Deputy tity Manager, or
Designated Representative
Th' 00 �nstxu . ent was a owledged before me on the
Zo��by £
day of
61--�
THE STATE OF TEXAS�.,,,+
JENNIFER D. ALLCOM
*' �#= MY COMMISSION EXPIRES
COUNTY OF DENTON • p
0!(„1'
This ' stru was acl le �;ed before me on the day
Zo , by
tart' PubF , State of Texas
THE STATE OF TEXAS o1:::'r JENNIFER D. AU.00M
MY COMMISSION EXPIRES
" • '�' July 14 2013
COUNTY OF DENTON } '.,,� •
This instrument was acknowl ged before e on th dam
,2 o&� by City
?Uana)er/ eputy City Manager/Designated presentative, on behalf of the City of Denton,
S.
JENNIFER K. 1AIAliERS
.. �• •`' Notary Public, State of Taxas
My Commission Expires
ys.•=+ei
•',���;'o December 19, 2010010
APPROVED AS TO LEGAL FORM:
R
Vta.ry Pub 1 , State of Texas
ti� `ti G .wwvsa.h
SPECIAL CASH WARRANTY DEED
i.ni i .. r ri r r m..r-wnrrrin i�r.nurni - ..rrrr..r.r.r..
Date: September 13, 2000
Grantor: Mont L . Wilkes and Emrie A. Wilkes, husband and wife
Grantor's Mailing Address (including county)
141 Springfield Lane
Argyle, Denton County, Texas 76226
Grantee: Timothy T. Sutton and Jeanna M. Sutton, husband and
wife
Grantee's Mailing Address (including county)
1 Lake Trail Drive
Argyle, Denton county, Texas 76226
Consideration: TEN AND N01100 DOLLARS and other good and valuable
consideration,
Property (including any improvements). -
See attached Exhibit "A."
Reservations From and Exceptions to Conveyance and Warranty:
Easements, rights--of-way, and prescriptive rights, whether of
record or not; all presently recorded instruments, other than
liens and conveyances, that affect the property; taxes for the
current year, the payment of which Grantee assumes; and subsequent
assessments for the current and prior years due to change in land
usage, ownership, or both, the payment of which Grantee assumes.
Grantor, for the consideration, receipt of which is
acknowledged, and subject to the reservations from and exceptions
to conveyance and warrantyr 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 claim is by,
through or under Grantor, but not otherwise.
Page l of 2 -- SPECIAL CASH WARRANTY DEED
(Wilkes/Sutton/Cash Warranty Deed) shw;o9l3Do1
When the context requires, singular nouns and pronouns
include the plural.
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged, before me on September 13,
2OUD, by Mont L. Wilkes.
rf
SUZANNE H.WILKINSON
* * Notary Public, State of Texas t
�r My Comm. Expires 8-8-2001
art
STATE OF TEXAS
COUNTY OF DENTON
► 4b
Notar Public, State of Texas
rq
9A
This instrument was acknowledged before me on September 13,
2000, by Emrie A. Wilkes.
Y
SUZANNE H, WILKINSON
* * Notary Public, State of Texas
y M re 8-8-2001
r y Comm,, Expires
PREPARED IN THE OFFICE OF:
Kelsey, Kelsey, & Collister
2225 E. McKinney St.
Denton, Texas 76209
AFTER RECORDING RETURN TO:
Notary Public, State of Texas
Timothy T . Sutton
P.O. Box 136
Argyle, Denton County, Texas 76226
Page 2 of 2 -- SPECIAL CASH WARRANTY DEED
(Wilkes/Sutton/Cash Warranty Deed)(shw;09130U]
4
EXHIBIT "'A"
BEING all that certain lot, tract, or parcel of land situated in
the William Roark Survey, Abstract Number 1087; Denton County,
Texas, being a part of that certain tract of land conveyed by
deed from Dale Schluter and Bennie G. Snider, Co -Trustees to
Robert Coston et al, recorded under Clerk's File Number 93-
R008 98 96, Real Property Records, Denton County, Texas, and being
more particularly described as follows:
r
COMMENCING at an iron rod found for corner in the South Line of
that certain tract of land conveyed by deed from 188/Denton Joint
Venture to Denton County Joint Venture, recorded in Volume 2399,
Page 108, Real Property Records, Denton County, Texas, said point
being the Northwest corner of that certain tract of land conveyed
by deed from Richard F. Dolgener et al to V.D. Burch, recorded in
Volume 288, Page 137, Deed Records, Denton County, Texas;
THENCE S 010 33 r 05" E, 2764.72 feet with the Vest line of said
Burch tract to an iron rod found for corner in the North line of
the J. Severe Survey, Abstract Number 1164, said point being the
Southeast corner of said Skipworth tract;
THENCE S 890 45' 13" W, 1716.44 feet with said North line of said
Severe Survey and with the South line of said Skipworth tract to
an iron rod found for corner in Bonnie Brae, a public roadway,
said point being the Southeast corner of the J. Edmonson Survey,
Abstract Number 401;
THENCE N 000 40' 26" W, 1530.46 feet with said Bonnie Brae and
with the East line of said Edmonson Survey to an iron rod set for
PLACE OF BEGINNING;
THENCE N 000 40' 26" W, 609.11 feet with said Bonnie Brae and
with the East line of said Edmonson Survey to an iron rod set for
corner;
THENCE N 890 47' 3 6" E, 500.89 feet to an iron rod set for
corner;
THENCE S 000 40' 26" E, 608.44 feet to an iron rod set for
corner;
THENCE S 890 42' 57" W, 500.89 feet to the PLACE OF BEGINNING and
containing 7.000 acres of land.
�l�eyjj �
• 1
ri
404 01217
089997
QW1.1 ENEMY
Date $
September 13, 2000
rxrantor: Mont L. Wilkes and Emrie A. Wilkee, husband and wife
Grantor# a MILing ease (including county)tt
141 Springfcield mane
Argyle, Denton County, Texas 76226
frantse * Timothy To Sutton and Deanna M. Sutton, husband and
wife
:. #tan}*a sailing Address (Iftaluding aountY)
1 Lame Trail DriVO
Argyle, Denton Countyr Texas 76226
} C id"aat:Lans TEN AND NC/ 10D DOLLARS and other good and valuable
consideration*
Property (includLng mow inpaovamanta) #
see attached Exhibit "A."
agaarvationa Vt m and Suceptions to Conveyance and Warranty
Easements, rights -of- way. and prescriptive rights p whether of
record or flog all presently recorded instrumentst other than
liens and conveyancear that affect the propext.y; taxes for the
current year, the payment of which Grantee assumesr and subsequent
assessments for the current and prior years due to charge in land
usage, ownership, or both■ the payment of which Grantee assumeso,
io
Grantor, for the consideration, receipt of whit exceptions
acknowledged, and subject to the reservations from and
to conveyance and warranty, grantaF 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 s executors r 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 Granteefs
heirs, executors, administrators# successors and assigns against
every person whomsoever lawfully claiming or to claim
the
s=e and
or
any part thereof,► except as to thereservationsthe claim f s by,
exceptions to conveyance and warranty, when
through or under Grantor# but not otherwise.
Page of 3 any Cta�
(Wilke$/SU sar►nty Doed)hj 01300]
y
i
J
N
46A 01218
When the context requires, singular nouns and pronouns
include the plural.
Mo t L & W.kes
E e A. 1 es
ACMOWM 8
- . STM Or TEM
01P DOOM
§
This instrument was
acknowledged before me on September 13,
2040P lay - Mont L 6 Wilkes*
•
S�f1� Hr iii���N
No ar Pu d State of Texas
COMM OV IDENM
§
This instrument was
acknowledged be Foxe me on September 13 t
2000# by Ernrie A. Wilkes.
rg
VE
,�1���1
Natary pu c$ State of Texas
PREPARED IN THE OFFICE OF:
! lKelseye xe.lsey? & Collister
2225 E. McXinney St.
venton # Texas 7 62 0 9
AFTER RECORDING RETURN TO:
Timothy T . Sutton
P.O. Box 136
Argyle, Denton County, Texas 76226
Page; 2 4f i - anata CAU VVJMAM DM
(wilkea/Sutton/Cash Warranty Deed) (shw) 0913Ud1
y
r q
r
4
}
01219
3
] a
f
i
BEING all that certain lot, tractp or parcel of land situated in
the William Roark Survey#, Abstract Number 10870 Denton Countyp
Texas, being a part of that certain tract of land conveyed by
deed from Dale Schluter and Bennie G, Snider Co -Trustees to
Robert Coston at al, recorded under Clerk's File Number 93-
R008 98 96, Real Pxoperty Records ■ Denton County' Texas, and being
more particularly described as follows:
COMENCING at an iron rod found for corner in the South line of
. that certain tract of land conveyed by deed from 188 /0eaton Joint
• Venture to Denton County Joint venture, recorded in Volume 2399 o
page 108 r Real Property Recorde, Denton Countye Texas r said point
lei
being the Northwest corner of that certain tract of land conveyed
by deed from Richard F, Dolgener et al to V.D. Burch, recorded in
Volume 2880 Page 137r Dead Reoo rds, Denton County, Texas;
r
y
THENCE S 810 33' 050 E, 2764 *72 feet with the west line of said
�,. Burch tract to an iron rod found for corns; in the ]North line of
the J, severe Survey, Abstract Number 1164, said point }being the
Southeast corner of said Skipworth tract;
THENCE S 890 45r 13" Nr 1716*44 feet with said North line of said
Severe Surrey and with the South line of said Skipwoxth tract to
an -iron rod found for corner in Bonnie Brae, a public roadways
said point being the Southeast corner of the J. Edmonson Survey.
r
Abstract Number 481 ;
THENCE . N 000 40r 26" N, 1530,46 feet with said Bonnie Bxae and
with the East line of said Edmonson Survey to an iron rod set for
PLACE OF BEGINNINGS
THENCE N 0010 40' 26" Nr 609.11 feet with said Bonnie Brae and
viith the East lime of said Edmonson Survey to an iron rod set for
corns r 4
THENCE N 890 470 36" E, 500.89 feet to an iron rod set for
corneae
THENCE S 000 400 260 E, 648.44 feet to an iron xod set for
# corner;
THENCE 8 890 42' 570 W, 500.89 feet to the PLACE OF BEGINNING and
containing 7.000 acres of land.
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Filed for Record 01
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DEOTON COUNTY TX
CYNTIA MITCHELL, COUNTY
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R�e�ipt #a37652
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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 Mont L. Willies and Emrie A.
Willies ("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":
Two tracts of land situated in the William Roark Survey, Abstract Number 1087,
Denton County, Texas, described in Deed to Mont L. Willies and Emrie A. Willies,
husband and wife, filed August 25, 2000 recorded in Volume 4661, Page 350, Real
Property Records, Denton County, Texas.
SAVE AND EXCEPT: That portion thereof conveyed from Mont L. Willies and
Emrie A. Willies, husband and wife, to Timothy T. Sutton and Jeanna M. Sutton,
husband and wife, by instrument dated September 13, 2000, filed September 14,
2000, recorded in Volume 4674, Page 1217, Real Property Records, Denton
County, Texas.
SAVE AND EXCEPT: That portion thereof conveyed from Mont L. Willies and
Emrie A. Willies, husband and Wife, to Rodney S. Preston and Kathy A. Preston,
by instrument dated January 22, 2001, filed January 24, 2001, recorded in Volume
4760, Page 1432, Real Property Records, Denton County, Texas.
SAVE AND EXCEPT: That portion thereof conveyed from Mont L. Willies and
Emrie A. Willies, husband and wife, to Philip L. Pierce and wife, Deborah D.
Pierce, by instrument dated February 8, 2001, filed February 14, 2001, recorded in
Volume 4775, Page 617, Real Property Records, Denton County, Texas.
SAVE AND EXCEPT: That portion thereof conveyed from Mont L. Willies and
Emrie A. Willies, husband and wife, to Jack Brandenburger, by instrument dated
March 1, 2001, filed March 5, 2001, recorded in Volume 4787, Page 690, Real
Property Records, Denton County, Texas.
SAVE AND EXCEPT: That portion thereof conveyed from Mont L. Willies and
Emrie A. Wilkes, husband and wife, to Bradley A. Burls and wife, Mishelle L.
Burls, by instrument dated February 4, 2002, filed February 20, 2002, recorded in
Volume 5027, Page 1036, Real Property Records, Denton County, Texas.
Said parcels, as combined and excepted being commonly known in the records of
the Denton Central Appraisal District as Tax Parcel 132660, located within the
boundaries of the real property described above, described in the deeds attached
hereto as Exhibit "A", and comprising 38.422 acres of land, more or less.
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
V%THEREAS, Owners desire that the Property remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this Agreement;
WHEREAS, Owners and the City acImowledge that this Agreement between
then 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 teem of this Agreement; and
VMER.EAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner
and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section
212.172 for purposes of retaining land in the municipality's ETJ in exchange for the
property owner's covenant not to develop the property and to authorize the municipality
to apply development regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized
under Tex. Loc. Gov't Code section 43.035; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of
Denton County, Texas;
Now, THEREFORE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the term
of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed
upon by the Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the
Property for the tern of this Agreement and any extensions agreed to by the Parties shall
be limited to farm -related and ranch --related uses and customary accessory uses, and
single-family detached faun or ranch dwellings, provided that no single-family dwelling
may be located or constructed on a lot smaller than five (5) acres. The property owner
may apply to the City for division of the land subject to this Agreement into parcels, each
of which is at least five (5) acres in size, for the purposes set forth in this section without
being in violation of this Agreement. Such uses and activities constitute the development
plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
M
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;
C. International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments.
j . National Electric Safety Code, 2003 Edition, with regional
amendments;
3
k. Minimum housing and building standards, Denton Code
§§28-383 — 437 and §§17-141 -- 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 — 457; and
In. Moving Buildings, Denton Code §§28-326 --- 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
(5) Applicable water and wastewater connection, construction and on -site
operation requirements, contained within Chapter 26 of the Denton
Code of ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton Water and Wastewater Criteria Manual,
as amended, and as supplemented by the Texas Water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environn-rental 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 Enviroiunental 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
n
with the development plan shall be considered established or in existence prior to the
expiration of the 1 S0-day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part-, Voluntar Annexation.
(A) If an owner files any application or plan of development for or otherwise
comi,nences 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 annexation plan, as required by Tex. Loc. Gov't Code section
43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the
Property shall, prior to such sale or conveyance, give 30 days written notice of this
Agreement to the prospective purchaser or grantee. A copy of the notice shall be
forwarded to the City at the following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, Tx 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas.
Section 8. S eyerability. 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 propel -ties covered herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
5
Section 12. Execution in Multiple Copies. This Agreement may be separately
executed in individual counter -parts 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
Owners
THE STATE of TEXAS
THE STATE of TEXAS
COUNTY OF DENTON
3
THE CITY of DENT ON, TEXAS
00 By' /0010
s-
10�
City �nagc(r, Deputy City Manager, or
Designated Representative
This instrument was acknowledged before me on the day
20�, by Erniire A. Wilkes.
�bti4'4 x P.
. N.HE�1V-JONS
Notary Public, State of Texas
V�? : �,. My Commission Expires
�`��:�; Ootober 18, 2013
THE STATE OF TEXAS
COUNTY of DENTON
Notary Public, State of Texa
This instrument was ac edged befor ime on t 9�i day of
l� ,20[�, by �_ja
-- �" nag � eputy City Manager/Designated epresentativ , on behalf of the City of Denton,
Te
W:IR JENNIFE I4,
Notary Public, Staas
N!y omr iaaiVs
A a
7
� r
6wtar-y'Puv-V, State of Texas
4661 00350
RTC GF-DT-00C40309-BSG1:mm
PEGIAL wARIRNT U + II ALL CASH
Date: August08 4JLr
Grantor; CALVARY CATHEDRAL, INC., a Texas nonprofit religious corporation,
formerly known as CALVARY EVANGELISTIC 'TEMPLE OF FORT WORTH, INC, �+
Grantor's Mailing address: 1600 west Fifth Street
Fort worth, Texas 76102
In the County of Tarrant
Grantee: MGNT L. WILKES and EMRIE A. WILKES, husband and wife
Grantee's Mailing Address: 141 Springfield Lane f
Argyle, Texas 76226
In the County of Denton
Consideration,
TEN AND N01100 DOLLARS ($10.00) and other good and valuable consideration, ALL CASH paid to
Grantor herein by Grantee herein, the receipt and sufficiency of which are hcrcby acknowledged and
confessed.
Property (including any improvements):
Two tracts of land out of the WILLIAM ROARK SURVEY, Abstract No.10S 7, Denton
County, Texas, and being more particularly described by metes and bounds on EXHIBIT
"N' attached hereto and made a part hereof.
Reservations from Conveyance:
Grantor herein reserves unto itself, its successors and assigns, all of tho remaining oil, gas and othor
minerals in and under and that may be produced from said property, so that there is hereby conveyed
unto the said Grantee, Grantee's heirs and Assigns, the SURFACE ONLY of the heroinabove desen"bed
property,
It is understood and agreed that the SURFACE ONLY of the above described property is conveyed, and
that all oil, gas and other mincrals lying and being situated in, on or under said land having been
heretofore reserved or sold by prior deeds and remainder reserved herein, are hereby expressly excepted
together with the right of ingress and egress for the purpose of exploring, mining or developing the
san�e
Exceptions to Conveyance and Warranty:
This conveyance is made and accepted subject to certain matters referred to by the parties herein, as the
"Permitted Exceptions", as set forth on EXHIBIT "B" attached hereto and made a part hereof.
Crantec assumes all taxes for the year 2000 and subsequent years, said 2000 taxes prorated at the time of
Closing as agreed.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the Fxeeptions to
Conveyanee and warranty, grants, sells, and convoys to Grantee the property, together with all and
singular the eights and appurtenances thereto in any way belonging, to have and to hold it to Grantee
and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Granter's heirs and
successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs,
successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any
n�
4661 00351
SPECIAL WARRANTY DEED
PAGE 2
part thereof when the claim 1s by, through, or under Grantor but not otherwise, except as to the
Reservations from Conveyance and the Exceptions to Conveyance and Warranty,
When the context requires, singular nouns and pronouns Include the plural,
CALVARY CATHET]RAL, INC,, a Texas non-profit religious
corporation, formerly Down as CALVARY EVANGELISTIC
TEMPLE CP FORT WORTH, INC.
BY: 11YA� «
(Typed/Printed Name) �► .,, �;
(Typed/Printed Title) r+ti
ACKNOWLEDGMENT
THE STATE DP TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the day of
by o6azew em 7AWW�42i"Aroo
} (Typed/Printed Name) (Typed/Printed Title)
of CALVARY CATHEDRAL, INC., a Texas non-profit religious corpomflon,
on behalf of said corporation, formerly known as CALVARY EVANGELISTIC TEMPLE CP TORT
WORTH, INC,
. h 8RIAH GRONA
Notary Pubilo, State ofYoxm
!fir Gommlaslon Exph310-98-2000 Notary u ,
40- Printed Name;
My Commission expires;.,,,.,
PREPARED IhTHE LAW OFFICE OF:
RATTIKIN & RATTIKIN, L,L,P. Attorneys at Law
Chase Texas Tower
201 Main Street, Suite 800
Fort Forth, Texas 761 D2-3105
AFTER RECORDING, RETURN TO:
Mr, and Mrs. Mont L. Wilkes
141 Springfield Lane
Argyle, Texas 76226
EM4111IT"p" -Taize 1 4661 00352
Tract T r
Deiag all that certain lot � tract, or �.
Survey, parcel of land situated in the Willi Roark �.
Y Abstract �1'umber it?�17, DertGvn G'ou3'�ty, Tee, being
},
Of land conveyed by deed from Dale Schulter and Bennie a Part of that certain tract
Robert 4ston et al, recorded under Clerkf s Vile Number Snider. Ca_trUeteea, t0
Recordea Denton C er ���ROae �.
aunty. Texas, and being more Pa�rticularlY described Deal toper,
as follows,
beginning at an Iron red set for corner in the south .and conveyed by deed from l88/Denton Joint Venture to
of that certain tract of
recorded in Volume 2399, o Denton County Joint Venture,
Page 108, Real Property Records, Denton County,
ount , Texa
�►oint being the northwest cs�x`eler of that certain tract�" s. said
Richard F. Dalgener et 41 to V. D. �3ux�chl recorded inof land cvnueyed by dead from
Record$, Denton Countyl Texac= Volume 288, Page 137, Dead
Thollce South ox degrees 33 minutes 05 seconds East
said Dutch tract to an axon rod set for corner, said Point
feet With the east line of
of that certain tract of land conveyed by dead from xer�int bang the northeast corner
S. Skipworth and "aye Marcille skipworth, recorded in Vaul S, Millerme B1$, Page ge70y a RobertProperty Records, Denton county, Texas; �8g, Deed
Thence South 89 degrees 45 minutes 13 seconds West
Of aa�ic� Ski�aworrh tract to an Iran Yod found for corner in
feet with the north line
line of the J, Edmonson Survey► Abstract Number 401 a in �rai.d Road and �ri the cast
a
Thence Forth 00 degrees 40 minutes 26-saconde west,.with said east line of said Edmonson Survey tea are it 1 696.zo feet with said Road and
an rod set for carnert
Thence North 8� degrees �7 rttinuGes 36 avcQntls East
oarnex�l � 37 9.91 feeC to an iron rod net for
Thence North e0 degrees 31 mxnlItes 34 seconds East, pass
found gor aoutheast career of that certain tract of at 5Z, D� feet an i.ran rod
J. Coston Revocable Loving Grantor Trust to Rance q, 6t� Jonveyed by deed fxom Helen
`ohn, recorded under Clerk's File Number 90 Ranc e, ' ohn and wife, Judith A. at.
County# Texas# pass at 257.98 feet the northwest cart reol Property Recorda. Denton
Octal distance of 478.63 feet to an iron tad set for corner said St. �`ohn tract, a
Denton county Joint Venture trash er in the south line of said
Thence South 89 degrees 51 minutes 18 seconds East, of said Denton County joint Venture tract to the t 1288 . GA Beet with aaid south litre
80.133 acres of land. Of Beginning and containing
EXHI
(jam r A wr Pau 4661
Tract 11=
All that certain 30 , 00 acre tract or parcel of land situated in the William Roark
Survey, Abstract Number 1087, Denton County, Texas; said tract being part of a called
l0t.O52 acre tract shown by deed to R.E. SkiPworth and F.M. Skipworth rec
orded Volume 019, page 781% Deed Records, Denton County, Texas, and being more ti uln ax
described as follows arty
SEGINNINO for the Southwest co=er of this tract at a railroad $pike In center yfne of
Bonnie Brae Street,, sari railroad spike is the Southwest Carrier of said survey and the
Southwest coaxer of said 100.OS2 acne tract
THENCE North 00 degrees 13 minutea 37 seconds West with said center line, and West
line of said survey, a distance of 508.61 feet to a nail for the Northwest corner of
this tract;
THENCE South 09 degrees 51 minutes 42 seconds East crossing a North -South fence line
at 30.0 fact in all a distance of 1708.65 feet to an iron pin in a North -South fence
line the East line of said 100-acre tract for the Northeast corner of this tract;
THENCE South 01 degrees 11 minutes IS seconds East with said fence line and said East
line a distance of 500.74 feet to an iron pin# found in an East -►West fence sine, the
Southeast corner of said called 100►052 acre tract, and the South line of said Roark
Survey;
TRMCE North 85 degrees 51 minutes 42 seconds west with said fence lane and said South
lime of Survey 1717.20 feet to Point of Beginning,
4661 00354 �
GXHiHIT 118" f
I. Standby fees and taxes for the year 2000 and subsequent years,
2. Easement for right-of-way granted to Denton County Electj,c Cooperative, Inc.,
in Volume 404, rage 91, Deed Records of Benton Court Texas, recorded
3. Easement for right -of -war granted to Denton Count Electric Cooperative,
in Volume 404, Page 316, Deed Records of Denton perat�ve, Inc., recorded
4. Terms, conditions, and sti ulations of B County, Texas.
1? Boundary Line Agreements) dated April 10, 1973,
filed May 29, 1973 and recorded in Volume 675, Purge 222; its Volume 675, Page 225•
and. in Volume 675, Page 228, Deed Records of Denton County, Texas, g
5. An undivided 112 interest in all oil, gas, and other minerals as resry
in Volume �407, Page 250, Deed Records of Denton County, a ed in deed recorded
Texas, together with all
rights, express or implied in and to the property arising out of or connected with said
interest, including rights to the use of the surface.
6. 'Terms, conditions, and stipulations of Boundary Line Agreement, dated June 1 1998 and
recorded in Volume 4105, Page 69, Deed Records of Denton County, Texas,
7. Easement granted to Texas Municipal Power Agency, recorded in Volume 1146 Page
656, Deed Records of Denton County, Texas. g
S. Easement for right-of-way granted to Texas Power & Light Company by instrument
recorded in Volume 639, Page 75, Deed Records of Denton County, Texas,
9. Easementy
granted to 'Texas Municipal Power Agency, recorded in Volume 1168, Page
602, Deed Records of Denton County, Texas,
10. The rights of the public and others in any portion of tho property lying within the
boundaries of a street, alley, or road, and the regulation of the Y y $
or other governmental entity,
g use thereof by the Efate
11, The reservation made herein of all remaining oil, gas and other minerals together with all
rights, express or implied in and to the property arising out of or connected with said
interest, including rights to the use of the surface.
4661
00355
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
e- h C's"aL Lek- (`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 a deed to lege Pr Ygge6, Which is recorded at
1r� e • j of the Deed Recor of Denton an vo . . page County, u y, Texas, d
commonly known as rTax Parcel No4 which is attached
hereto as Exhibit A, consisting of approximately acres of Ian t
WHEREAS, the City has -given notice of its intent to institute annexation
proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and
WHEREAS, owners desire that the Property remain in the City's extraterritorial
jurisdiction C'ETJ") for the term of this Agreement;
WHEREAS, Owners and the City acknowledge that this Agreement between
them is binding upon the City and the Owners and their respective successors and assigns
for the term of the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, OWNERS represent that it is their intention not to develop the
Property during the term of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner
and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section
A 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. Governing Re lations. The following City regulations shall apply to
any development of the Property, as may be amended from time to time, provided that
the application of such regulations does not result in interference with the use of the land
for agricultural, wildlife management or forestry purposes and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which
remains lawful at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code
("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as
amended, including but not limited to the (RD-5) Zoning District
regulations, and standards incorporated therein
(2) The subdivision and development regulations contained within the
Denton Development Code, as amended, together with applicable
Design 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, 3 rd 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;
i. National Electric Code, 2005 Edition with local
amendments.
j. National Electric Safety Code, �003 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.
i
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 Bement 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. Elam Street
Denton, TX 76201
Section 7. Recordin . This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas. .
Section 8. 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.
M
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Co ides_. 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 a -
greement as of � r� 1
THE STATE OF TEXAS
COUNTY OF DENTON
5
Owners
Y
THE CITY OF DENTON, TEXAS
By:
City Manag r, Deputy City Manager, or
Designated Representative
This instrument as ackno ledged before me on the )44*- day
20r1�b ��\,.j
.ti■�.ar���.,..N. CHEW-JONES
otary Pubh 5tato of Texas
�MY'`Ommission Expires
lilt
THE STATE OF TEXAS
Notary Public, State of Texak)
This instrument was acknowledged before me on the day of ,
20 , by
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acicno dged before eon th day of
,20� by ,� � City
-IVIan er eputy City Manager/Designated epresentative, on behalf of the City of Denton,
Texas.
�i���+►►
r
JENNIFER K. WALTERS
Notary Public, State of Texas
MY Con MISsicn I~xplres
0606 ber 19, 2D l o
A PPROVET7 A S To LEGAL FORM:
ANITA B.� RGES S s CITY AT ORNEY
56tary P Kc, State of Texas
979864J/WDj4 Pgs./05000
'WARRANTY DEED
.
Date : December 452q, 1997
Grantor: Dennis Wayne Smith and. wife, ]Kerri Wray Smith
Grantor's Mailing Address. P m o. Box 73, Argyle,
( including counter) Denton County„ TX 76226
Grantee: Jess Youngker
Grantee's Mailing Address: 1.421. Perry, Irving,
(including county) Dallas County, Texas 75060
Consideration* TEN AND NO110 0 ($10 . o o) DOLLARS, and other good
and valuable considerations, the receipt of which is hereby fully
acknowledged'.
Property (including any improvements together with all and singular
the rights and appurtenances related. thereto)
See Exhibit A attached hereto and made a part hereof,
Reservations from and Exceptions to Conveyance and Warranty.
11 Restrictive Covenants recorded in Volume 3306 Page 478 Real
Property Records,, Den.ton. County, Texas, and those Recorded in.
Volume 331.6 Page 1.49 Real Property Records, Denton County, Texas,
and Corrected and Recorded in Volume 3 3.1-_6 Page 237 Real Property
Records, Denton. County, Texas,
2 . Subject to rater well Agreement by and. between. Brighton
Trading Company, Dance T . Crawford and Kinberly M . Crawford and
Dennis Wayne Smith and, Kerri Wray Smith, Dated December 1, 1994,
filed on, February 13, 1995, Recorded under Denton County Clerk's
File Number 9 5 - Ro 0 0 912 6 Real Property Records,, Denton. County,.
Texas.
3, Easement executed by T Q w d King,, Jr., to Southwestern Gas
Pipeline, Inc,, Dated May 21, 1968 Recorded in Volume 568, Page 316
Deed Records, Denton County, Texas.
4, Easement executed by T . W. King, Jr., and Wife, Carrie Lee
King to Texas Power & Light Company, Dated. June 8. 1953, Recorded.
in Volume 389 Page 155 Deed, Records, Denton County, Texas
51 Easement executed by w m F . Hamilton and Wife, Lucy Anna se
Hamilton to Texas Power & Light Company, Bated. September 18, 1945,
Recorded. in Volume 303 Page 348 Deed. Records, Denton. County, Texas
6. Easement executed by Gen.elia Elizabeth Ding Brodie to Texas
Municipal Power Agency, Dated April 9, 1982 Recorded in Volume 1.137
Page 910 Deed Records, Denton County, Texas.
7. Mineral Reservation of an undivided one-half (1/2) of the oil,
gas, hydrocarbons.. and other minerals, in, upon., or under subject
property,, in Warranty Deed executed by Gen.elia Elizabeth Ding
Brodie to J. We Ellis, Dated May 14, 1984, Recorded in volume 1406
Page 898 Real Property Records, Denton County, Texas.
81 Easement executed by Genel.ia E . Brodie to Texas Power Light
Company, Dated November 22, 1967, Recorded in. volume 560 Page 239
Deed. Records, Denton. County, Texas.
91 Easement executed by T. We King, Jr,, to Texas Power Light
Company, Dated September 2, 1958, Recorded in. volume 441., Page 247
Deed Records, Denton. County, Texas.
10. Easement executed by T. We King, Jr., to Texas Power and Light
Company, Dated September 26, 1959, Recorded in volume 452 Page 220
Deed Records, Denton County,, Texas.,
11. Ten Foot Utility Easement on the front of lot and a 5 foot
easement on each side and back, than is the inside of each boundary
line, as ,imposed. by Restrictions Recorded in volume 3346 Page 149
Real. Property Records, Denton. County, Texas, said. Restrictions
being corrected and re f i led in Volume 3 316 Page 237 Real. Property
Records, Denton County, Texas.
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 and Grantee's heirs, executors, administrators,
successors, or assigns forever. Grantor binds Grantor and Grantor's
heirsf 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.
Fi
Z.,OUNTY OF i
This Instrument was acknowle
dged before me on this 62r day
of December, 1997, her Dennis Wayne Smith and. wife, Ferri Wray
Smith..
After Recording return To. Prepared, in the Office
Jess Youngker of Minor & Jester
1421 Perry Pm 0. Box 280
Irving, Texas 75060 Denton, Texas 76202
EXHIBIT "All
BEING A 6.008 ACRE TRACT OF LAND OUT OF A 92.172 ACRE TRACT
CONVEYED TO W. C. ORR AS RECORDED IN A TRUSTEE DEED IN VOLUME
766, PAGE 682 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, SAID
TRACT LYING IN THE JA_MES SEVERE SURVEY, ABSTRACT NO. 1164 IN
D ENTO N COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST EST CORNER. OF SAID ORR TRACT AND SAID
SEVERE SURVEY;
THENCE SOUTH 00 DEGREES 32 MINUTES 30 SECONDS EAST ALONG THE
WEST LINE OF SAID ORR TRACT AND SEVERE SURVEY FOR. 30.0 FEET TO.
THE POINT OF BEGINNING;
THENCE NORTH 89 DEGREES 49 MINUTES 31 SECONDS EAST LEAVING SAID
NEST LIFE FOR 1265.03 FEET TO A POINT;
THENCE SOUTH 00 DEGREE 32 MINUTES 30 SECONDS EAST FOR 424.22 FEET
TO A. POINT;
THENCE SOUTH 89 DECREES 27 MINUTES 30 SECONDS WEST FOR. 565.00 FEET
TO A POINT;
THENCE NORTH 00 DECREE 32 MINUTES 30 SECONDS WEST FOR. 397.84 FEET
TO A POINT;
THENCE SOUTH 89 DEGREES 49 MINUTES 31 SECONDS WEST FOR. 700.01 FEET
IN THE SAID VEST LINE OF THE ORR TRACT AND SEVERE SURVEY;
THENCE NORTH 00 DECREES 32 MINUTES 30 SECONDS WEST ALONG SAID
WEST LINE FOR. 30.00 FEET TO THE POINT OF BEGINNING AND CONTAINING
261,705.67 SQUARE FEET OR. 6.008 ACRES OF LAND MORE OF LESS.