The URL can be used to link to this page

Home My WebLink About2010-037sAour documentslordinancesl10\8-5 accepting non annexation agreements.doc ORDINANCE NO. 2010-037 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-5 OF APPROXIMATELY 307 ACRES LOCATED ON THE EAST SIDE OF FORT WORTH DRIVE, WEST SIDE OF COUNTRY CLUB DRIVE, NORTH OF BRUSH CREEK. ROAD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan, and the City desires to pursue annexation of DH--5, as hereinafter described; and WHEREAS, Section 43.035, Subchapter B, Local Government Code requires the City to mare 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. sAour documentslordinances\10\dh-5 accepting non annexation agreements.doc SECTION 2. The area of land which abuts and is adj acent to the existing corporate limits of the City of Denton, Texas, known as DII-5, 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-5, 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� 90 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-5, the City Manager is authorized to rescind the City's action accepting said non -annexation agreements within six months of the effective date of this ordinance should any property owners subject to the agreements so desire. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this ordinance shall not be affected thereby. SECTION 7. This Ordinance shall tale effect immediately on its passage. AND IT IS SO ORDERED. Passed by the City Council reading this 9th day of February, 2010. MARK : B � H ,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Page 2 EXHIBIT "A" Annexation Tract DH5 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 1965-43 (Tract 4), ordinance 1969-40 (Tract III), ordinance 19 80-1 (Tracts 1 & 2), ordinance 1997-13 0, and ordinance 2001- 90 (Tract 1); and being more specifically described as follows: Tract 1 BEGINNING at a point on the north right-of-way of Brush Creek Road as described in Ordinance 2110--090, Ryan Tract I; THENCE along a series of segments as described in Ordinance 2001-090 as follows; THENCE along the north right-of-way line of Brush Creek Road and thereafter the west right-of-way of FM 1830, approximately 4668.43 feet to a point for a corner; THENCE South 890 51' 22" west, 500 feet to a point for a corner; THENCE North 00' 08' 3 8" west, 45 0 feet, to a point for a corner; THENCE South 890 5 P 22" East, 500 feet to a point for a corner, said pint along the west fight -of -way line of FM 183 0; THENCE northerly along the west right-of-way line of FM 1830, approximately 1241.24 feet to a point for a corner; THENCE westerly approximately 2607 feet to a point for a corner, THENCE north along the west line of the B.B.B. & C.R.R. Co. Survey, Abstract 196, approximately 1004.92 feet to a point for a corner, said point lying in the center of Hickory Creek; THENCE along Hickory Creek to a point for a corner, said corner being on a line Described in Ordinance 65-43 (Tract IV); THENCE southwesterly along the easterly line of the property described in Ordinance 65 -43 (Tract IV) to a point described on ordinance 80-1 (Tract II); THENCE westerly to the east right-of-way of Fort worth Drive as described in Ordinance 80-1 (Tract II); THENCE along the east right-of-way of Fort worth Drive as described in Ordinance 80-1 (Tract II) and ordinance 80-1 (Tract I), to a point for a corner; THENCE easterly along the line described by ordinance 80-1 (Tract I) to a point, said point intersecting a line defined by Ordinance 97-13 0; THENCE North 880 3 4' 4 5" East, 1171.23 to a point for a corner; THENCE North 050 47' 49" East, 193.72 feet to a point for a corner; THENCE North 88' 3 8' 45" East, 1240.69 feet to a point for a corner; THENCE southerly to a point, said point being the intersection of a line described by Ordinance 2001-090, Ryan Tract I; THENCE easterly approximately 1320.50 feet to a po41 int for a corner; THENCE southerly approximately 2640 feet to the Point of Beginning, Tract 2 Being the property described in ordinance 2001-090 as a Save & Except Tract. The following description is as written in the said ordinance. BEGINNING at a point on the north line of Brush Creek Road and on the southerly right- of-way line of FM 1830 and being North 58' 12' 59" East a distance of 20.00 feet from the northwest corner of the tract of land described in the deed from A. E. Wyatt to Fred D. Kurrus being recorded in Volume 598, Page 544, Deed Records of Denton County, Texas; THENCE North 5 8 ° 12' 8 0" East along the south right-of-way line of FM 1830 a distance of 323.52 to the beginning of curve to the left having a radius of 617.23 feet; THENCE with said curve to the left having an arc length of 443.28 feet and a chord bearing of North 37' 38' 31' East a distance of 433.82 feet to a point on the southerly right-of-way of FM 1830 and on the west line of the tract of land described in the deed to Sowell Property Partners -Hickory being recorded as County Clerk's File Number 99- R0088518, Real Property Records of Denton County, Texas; THENCE South 00' 54' 46" East along the west line of the said Sowell Property Partners -Hickory tract a distance of 489.39 feet to a point on the north right-of-way of Brush Creek Road; THENCE South 87' 25' 34" West along the north line of Brush Creek Road distance of 548.30 feet to the POINT OF BEGINNING and containing 2.25 acres of land. EXHIBIT B. L MEMO] Brush Cree Rd. GX <\ City of Denton, Texas DH 5 = 310 Acres rEREESE I MICHOLS WIMON Feet 0 400 800 11600 2,400 After recording return to: Jennifer wafters ;11aneous1101annexations%urch family farm 91.760 ac.doc City Secretary 215 E. McKiimey 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 91.760 acres of land, more or less, situated in the James W . withers Survey, Abstract No. 1343, Denton County, Texas, and being more fully described in the First Tract of that certain Special warranty Deed dated September 6, 2007 from Richard L. Burch to Burch Family Farm, Ltd., filed for record on September 13, 2007 and recorded in Instrument Number 2007-110040 of the Real Property Records of Denton County, Texas. Said 91.760 acres of land, more or less, is commonly lmown as DCAD Property ID No. 38144. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETP) for the 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 S; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; :. 1 sAour documentslmiscell aneousll Qlaniicxationslvurch family farm 91.760 ac.doc NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section L 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 farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; 2 sAour documents\miscellaneous1101annexations%umb family farm 91.760 ac.doe d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments- f. International Mechanical Code, 2006 Edition with local amendments go Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional aniendnzents; 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 Sub chapters 16 and 21 of the DD C, 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 sub chapters 17 through 19 of the DD C, 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. Develo ment Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 Oour documents\miscellaneous\10\annexations\burch family farm 91.760 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. Agree ent 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. Severabilxty. 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. 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 platters not addressed in this Agreement. C! sAour documentslmiscellaneouslt 4lannexationslhurch family farm 91.760 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 , 2010. Burch Family Farm, Ltd., Owners Richard L. Burch, President Ja, Ile Burch, Secretary/Treasurer THE CITY OF DENTON, TEXAS By• City Manag r, Deputy City Nfanager, or Designated Representative k sAour documents\miscellaneous\10\annexatiotislburch family farm 91.760 ac.doc THE STATE OF TEXAS COUNTY OF DENTON w ' E This instrument was aclmowledged before me on the day of 2010, by Janelle Burch, as Secretary/Treasurer of Burch Family Fann, Ltd. Notary Public, State of Texas COUNTY OF DENTON his instrument was acl� owledg d before Me on-the--y- day o ,� 520LO by y Mana r/Deputy City Managd-/DesignatedAm Representative, on behalf of the City of Denton, Texas. a I JENNIFER K. WALTER$ y = Notary Public, State of Texas M V 4 My Commission Expires` December 19, 2010 APPROVED AS TO LEGAL FORM: ANITA BURrES S- CITY ATT Y s ry Pub c State of Texas After recording return to: Jennifer Walters llaneousll0lannexationslburch family farm 2.571 ac,doc City Secretary 215 E. Mcx,-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 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 2.571 acres of land, more or less, situated in the James W. withers Survey, Abstract No. 1343, Denton County, Texas, and being more fully described in the Second Tract of that certain Special Warranty Deed dated September 6, 2007 from Richard L. Burch to Burch Family Farm, Ltd., filed for record on September 13, 2007 and recorded in Instrument Number 2007--110040 of the Real Property Records of Denton County, Texas, Said 2.571 acres of land, more or less, is commonly known as DCAD Property ID No. 524184. 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 terns of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between there 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 tern 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; 1 s:lour documen tslmiscell aneousll Olannexationslburch family farm 2.571 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 ma b e amended from time to time, provided that the pY 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 Forth 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. L-iternational Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; I) s:lour documentsl1niscellaneousl10lannexations%urch family farm 2.571 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, Zoos Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j . National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 -- 43 7 and § § 17-141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and In. Moving Buildings, Denton Code §§28-326 — 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on --site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Codes 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 documentslmiscellane0L1s1101annexations\burch family farm 2.571 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 fiirther 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 anmexation of land as may then exist. owners expressly and irrevocably consent to annexation of the Property under such circumstances. owners furtheragree 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. M sAour documen ts\miscc] laneous1l01annexationslburch family farm 2.571 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 19 2010. Burch Family Farm, Ltd., owners Richard L. Burch, President ,,!]A el C/� . ..... . Jlelle Burch, Secretary/Treasurer THE CITY of DENTON, TEXAS 0000, By. City Manager, Deputy City Manager, or Designated Representative z s:\0Ur documents\miscell aneous1101annexationslbUrch family fam 2.571 ac.doc THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of F, 2010, by Richard L. Burch, as President of Burch Family Farm, Ltd. CHRISTIME Notary Pub#lc State of 1PDX0 My 00fAM18810i4 E March t� 2. 2013 :i THE STATE OF TEXAS COUNTY OF DENTON C✓�S�h1L�'�.�`�1.�� Notary Public, State of Texas This instrument was aclmowledged before me on the day of , 2010, by Janelle Burch, as Secretary/Treasurer of Burch Family Farm, Ltd. CHRISTINE A* DICK Notary Public State of Tex r., y my cofAMISS#9N EXPIRE March 2, 2013 THE STATE OF TEXAS COUNTY OF DENTON Notary Public, State of Texas This in bment was acknow dged before me -on t " -- �` day o � ,20�by (40 Manager eputy City Manag r/Designated Representa i e, on behalf of the City of Denton, Texas. �'�` ,,,sr► ,lCNNl R K. CIA TERs Notary Public, State of Texas r M rfr. G!a My Commission Expires19 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTO Y r. BY. .Y Ix f yin N ry Pub , State of Texas 6 After recording return to: Jennifer Walters IIaneous1141annexations\burch fami ly farm 220.275 ac.doc 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 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 that portion lying outside the city limits, of a 220.275 acre tract of land, more or less, situated in the William Roark Survey, Abstract No. 10 8 7; the James Severe Survey, Abstract No. 1164; the B.B.B. & C.R.R. Company Survey, Abstract No. 196; and the J.W. withers Survey, Abstract No. 1343, Denton County, Texas, and being more frilly described in the First Tract of that certain Special warranty Deed dated September 6, 2007 from. Richard L. Burch to Burch Family Farm, Ltd, filed for record on September 13, 2007 and recorded in Instrument Number 2007--110044 of the Real Property Records of Denton County, Texas. Said 220.275 acres of land, more or less, is commonly Imown as DCAD Property ID 64687, DCAD Property ID 65694, DCAD Property ID 38760, DCAD Property ID 38139 and DCAD Property ID 220122, respectively. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction C'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; YMEREAS, 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 nlunicip ality' 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 s:lour docunlents\niiscelIaneous\I Olannexationslvurch family farm 220.275 ac,doc WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETT 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 terns 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. Goveming.....Regul.ations. 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-, 2 sAour documents\i-nisce aneous1101aliiiexationslburch family farm 220.275 ac.doc b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; d. hnternational 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; 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 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 s:lour documents\miseel laneous1101annexationslburch family farm 220.275 ac.doc Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state 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 conu-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 subject to the requirements and procedures for an annexation plan., as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address : City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Seyerabi. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. 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. 11 s:lour documentslmiscelIaneousll.0\annexations%iirch family farm 220.275 ac.doc Section 10. Change in Lave. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five (5) years from the Effective Date (the "Terre"). The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Ter -in 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 92010. Burch Family Farm, Ltd., Owners Richard L. Burch, President ) , ,,, &clt 4 t 2 1a� Ile Burch, Secretary/Treasurer THE CITY OF DENTON, TEXAS By: City Manager, Deputy Ci y Manager, or Designated Representative 6- s:lour documentslmiscellaneousl l Qlannexationslburch family farm 220.275 ac.doc THE STATE OF TEXAS COUNTY OF DENTON This instrument was aclaiowledged before me on the day of 2010, by Richard L. Burch, as President of Burch Family Farm, Ltd. CIMIGTM A. DICK Notary ItEP0WssoNXIRE MSMh 2. 2013 oil THE STATE OF TEXAS COUNTY OF DENTON � t Notary Public, State of Texas This instrument was aclmowledged before me on the cb day of THE STATE OF TEXAS COUNTY OF DENTON C. This instTu ent was a l�zowledged before m day o ,20 , by City Mana er Deputy City Manage (Designated Representativtb on behalf of the City of Denton, Texas. Y P "'JENNIFER K. WALTERS &eary Pub c State of Texas �j� f�i Notary Public, State of Texas !Jw My Commission Expires f r••E `� December 19, 2010 f1f11� 1►111 : APPROVED AS T .LEGA. • ANITA B,URGESS, CITY ATTO Y m. (��Y r, After recording return to Jenulifer Walters ellaneous\10lannexatioi}slvurch family farm 1.457 ac.doc 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 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 1.457 acres of land, more or less, situated in the B.B.B. & C.R.R. Co. Surrey, Abstract No. 196 and the J. withers Survey Abstract No. 1343, Denton County, Texas, and being more fully described in the Second -Tract of that certain Special warranty Deed dated September 6, 2007 from Richard L. Burch to Burch Family Farm, Ltd, filed for record on September 13, 2007 and recorded in Instrument Number 2007-110044 of the Real Property Records of Denton County, Texas. Said L457 acres of land, more or less, is commonly lmown as DCAD Property ID 220123 and DC,4D Property ID 524407, respectively. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETY) for the term of this Agreement; WHEREAS, owners and the City aclmowledge that this Agreement between there is binding upon the City and the owners and their respective successors and assigns for the term of the Agreement; VMEREAS, 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 s Aour documentslmiscellaneous\10\annexatioiislhurch family farm 1.457 ac.doc Now, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETT 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 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 orated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation,, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; 2 s:\our documents\miscell aneousl101annexationslburch family farm 1.457 ac.doc d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. Rternational 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 Connnission 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 docunientsliniscellaneous\10lannexationslburch family farm 1.457 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 comnienced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part • Voluntary Annexation. (A) If an owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C--1, or other such other provisions governing voluntary annexation of land as may then exist. owners expressly and irrevocably consent to annexation of the Property under such circumstances. owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43,052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. S everabiity. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. s Aour doc«mentslmiscelianeousll 0lanYiexations\btircb family farm 1.457 ac.doe Section 10. Change in, Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton. County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Tern-i 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 of19___,2 2010. Burch Family Farm, Ltd., Owners Richard L. Burch, President . a(, -, &"au J 41le Burch, S ecretary/Treasurer THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative 5 sAour documentsliniscellaneous\1 Olannexationslburch family farm 1,457 ac.doc THE STATE OF TEXAS COUNTY OF DENTON This instrument was aclmowledged before me on the day of , 2010, by Richard L. Burch, as President of Burch Family Farm, Ltd, d ` Notary Public, State of Texas COUNTY OF DENTON This instrument was aclo-iowledged before nee on the day of , 2010, by Janelle Burch, as S ecretarylTreasurer of Burch Family Farm, Ltd. s Notary public State of Tgx SAY cvfl+lMISSION EXPIRES Mph 2, 2013 THE STATE OF TEXAS COUNTY OF DENTON , Notary Public, State of Texas his instrui Gnt w=(nle ged before me ..the--- day o ,2(��, bey Man er/Deputy City Mana er/Designated Representati , on behalf of the City of Denton, Texas. *�'"CPU••• JE!►iNIER K. Notary Public, State of Texas MY Commission Expires OF APPROVED AS Top LEGALF - ANITA BURGESS) CITYY ATTORNEY 6 o ry Pu . l , State of Texas After recording return to Jennifer Walters City Secretary 215 E. McI-inney Denton, TX 76201 CHAPTER 212 TEXAS LOC AL 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 Nelda Hackett ("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 called tracts of property described in a Warranty Deed to Nelda Hackett, described as Instrument Number 2003-RO137250 of the Real Property Records of Denton County, Texas, which is attached hereto as Exhibit A, one such called tract consisting of approximately 3.506 acres of land, and the other called tract consisting of approximately 3.029 acres of land, and commonly known as Tax Parcel Nos. 129034 and 131776, respectively. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETP) for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's 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 ETT Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm -related and ranch --related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single --family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subj ect to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing 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 an-lended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Sub chapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; 01 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; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§17-14t — 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 3 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 comnlences 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 d. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm- Street Denton, Tx 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. S everability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. �l 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 O Un utttir2010. Nelda Hackett, OWNER Richard L. Burch, Attorney -in -Fact for Nelda Hackett, by Durable Power of Attorney, attached hereto as Exhibit B Z The City of ]Denton, Texas By• City an ger, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF D ENT ON This instrument was acknowledged before me on the j6_L'0L,0,4-\ _, 2010, by Richard L. Burch. Emma lulrrrq�� STEPHANIE LYNN CLENINIONS Notary Public, State of Texas My Commission Expires "�:'rE ��►�' February 19, 2013 �►►►r111N� THE STATE OF TEXAS COUNTY OF DENTON 14fk day of This instrument instrument was aclmmw ged befog " me on t e day ,QY4�_� 2010 by _11A t . . . . ........................... anager e uty City Manager/Designate epresentative, on behalf of the City of Denton, Texas. `.�rrj ,rt�r�rAr,�rr JENN)FER K. WALTERS Notary Public, State of Texas. ,�►, ,�y My Commission Expires WtaryPLibli tote of Texas December 19, 2010 APPROVED..AS-TO LEGAL FO ANITA, R RGES S, CITY ATT Y on TO SE REOORQF-D IN E)F.NTc)N couNTY. TEXAS wAP,RANTY DEED 3r� t 2-003 Date: Trustees of the B*Ildar,,o Trust Carroll Aden aA444P� Grantors, GrantDrs, Malfing Addresses (including COMM' (;arroll Oden 11a 1 0 )V-11. 6 - �5c �56 T > County, n1lit LZ T Grantee: Nelda Hackett rantees M ding Address (Including County): Gat I PO Box 998 Argyle, Texas 76226-0996 County: eCfen Consideration'. This cOnve I yarice is made 8S part of the termination Of 51(daco Trust. i property (including any improveMents): rest in property located in 'Denton County, Texas, All Of Grant&S inte shed xh lb -it A. more particularly described on the attaE $46-44.1 .. .. • - , � ..•{�.x{.a`�;-•ar�iH'tYr+.aili�r�Y.1l:.ti'yI�T�Gi�t:�'r�L.�+�ii�t'r �I i h��*1i4...L'�.4.:.. �i1M : 'S�1.' Z4 5400 G I z 5 Reservations from and Exceptions to Conveyance and warranty: . All instruments of record affecting the Property; 2. All unrecorded easements and rights -of -way, 3. Rights of parties in possession; 4, Ordinances and other restrictions imposed against the Property} and 5. Unpaid taxes for 2002 or any prior year imposed after the date of the conveyance. Grantors, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grant, sell, and convey to Grantee the Proportyg together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it unto Grantee: Grantee's heirs, executors, administrators, successors, or assigns forever. Grantors mind Grantors and Grantors' affiliates, officers, directors, employees, and agents to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part hereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. B!LDACQ TRUST Y: Carroll Oden, Trustee . . I I I - — — .Mdl 54DO 6126 STATE OF TEXAS q C 0 U NTY oft l 7r�'If This instrument WaS acknowledged before me on the day of 2003, by Carroll Oden. • M 0C*OM"L Is,s&ion EPire allota&ry Pubs io, t,t'pr :2 . ................ . MaMMA WIM Liu %.0 1 1 ALLISOiN S, FEYISF-TAN A C01goSSIGN EXPIRE$ y SEPTEmsER3%2006 AFTER RECORDING RETURN TO. naul Bradford Ila-rris" 1"inley & Bogle, P.C. 777 Main SLrceL, quite 36,90 F'OrL w1orth, TX 76102 L " .. -t .. - ... .. . r �Ia'".Tti►p`�4K'4�'/'!Fi►ix�"ia"Sl1ri!'f^.k4L+d�217rR'H�lS+1�.'�•[Lr� F':7��te�S�rv�i+i�`wl'��.#�'S►�'-kY 5�a00 6j7_� EXHIBIT Wa,7anty Deed from Carroll Oder and Bill K1"eyrlk, Trustees of Bildaw Trust to Nelda Hackett [see attached survey descriptions 84 .3 R i t r, 'F Y .�.--aw�r.M FM w.i�i r-1C'��• r . ... _ .. . �:ii:�+�� i��iC+1�•tf��fif'.74L'�i`�[�"�:li+iTiX�.�17f�'4�lltiiTs:.f�.:��i�''.l:.w :t»1�rL�.i'}i�lt �'a� ----- 5400 G12s FILD NOTES fnr a c4r in Jut, tact or p�uoal of taad �trat�� yid anbo g a tua J3mo W• Withers Sur+eI+, ,Abatra�,1343 Ift I] MOT1 C-otr�ty, Mcalltun et ux to V. . pvrdon of that ccrtuto �S $cfG Fi st Tract dQcded ylu�mc �3�, F��n ail attha L3enton Bur4i by dccd dated March 16, 193 Countyl ecd Rccnrds anti btIng tnnrc p%rturti�lY dcx bc�C as falia rs: Said pit b� nE0It�IING at an trOn pin rct t`cr tht e�Gn� � �.� fGe ft �n th e ��n$ rinrthc�,st tarnc�r South 00` 45' M" EStl2A7,5z icet and ►. of paid S acra FirstTrUC- THENCE ulnas an I;xisttng fenc; Urte r.5 fclIVA'. Santh OEL' 58' ley s06,76 f;±:nt in in; South 33' '" d t, 76,79 f:rt 1%3 an .tort pia iet for thc. +'x'ruthrast Mracr of this • Cr THEN5fluth b'22, �� Wrs�1 fcrta Ott frr�rr pills" t tax �,ha x��;th+rtl c�rnr of this ttc. rMeNCEslang the wtsido of a dh lane U fOUM', tilarih $" 481 06" Wtst. Y d2 far 4 rn urns . earth 4_. i7''c&t, Noith 43` 3 1 • �t4t, 01 1 "4 fr,:t to INn ?.I;�'] *�it� ,'�1 fcrr the not�h4Ycsi cord j of his LraGt, Wit= �� 1.L3 � f eta}lci�r'.th ltt+, rrui+r+g north lirtw cf m I d 2"5 ."- r. Fiat t � to th0 PC) Mi OF��ih, Bald fireCt tantalnirig 3 SO6 Ams of mod. ' arccl of 1pLnd sitti+ited is tho BBB & r� CaraPanY B ng ill that tin Ian. rraa# t►r p Ef'ifI 4Df that ►:crtaln (Cdlt0d) Z$ afn tract 06, Dg ntor. �at� ► '1"t'-c� s, c r� Q -F . . Survt�. � ", �n i`�tr�'E3 �►�L�'tsr�trrr aid wi€`cE tiVuufrad 4VMda 'FIriL Trier of lard ccfiev0*� lay &.fA L•m �S�iurkan to V. Aoaualyt and barnf MON P,�: c�r,1� cf l�r:rt�r, r!lraIlarxy dtfscnacd as foa"4' C0MMk N,CjNC- At the norlhta;r zorrr.:r nr rr:[d �55 *� rsa tract; TuENCE S U' ' 38' 47,52 fcct tD a point far caster +'i�l fit t:z•*hSar� l' Ah$BBm CmRV, CO.taro �rvc;r end sn the north Ilr.,� nt :tie Tamr 'TI1�cst, ;�S'►.3 fs;ct SL�it:I ir�lt; �t4:1'."� s=tit, ire �.� �.►`+�:� a'�� fn:�r�� f�� r�.6�� OF TH'tE 1N:st,51. #'ect ��th fay and +its tr.iron r found i�r corner; �' TT 36 � 20, 3 w.an x ;,t! s= t 'a* ;ern _•rr TuM N 76' k4' 46" W, �524 Frei tit finh'n" :04 u�i frrr firsr'i' t i� a i`r rt line; p,N THEM�E N 33' 06' 0" Wf 208-62 feat W`fh 1, icrlc!!a tt) ar. iron lod srtt for1-�t . iwnc� ]ins, bcing the north 11nc of said 2.S5 acsc trmc"' THENCE S S�' ' S$' E, 1,94 1'cct +A7th to J6 f rc Ln►1 with saiO .cra tract to an iron rod 1r' for tirnrr t18' 324 0S" P 12$0.2'I fact �itb tt zcu� tG the PLA OP BFMIi'�NINO and ai rtt sd ss 8 3.0 ` , ; nLL ,ewe y r ye Being P31 that ww: ?',�i�i fir}[, \rn; j i+ Hir Yi+ 1 l�L tt•�":� ril t[�iri if /� ��' �� Lw t. Fl_.'1 '�3+.liii :� .. C • Vr4 in the 3 am gs W. %vi tf;c rs Su my, MU � n C-M-t Tams. rid btin3 a pn� of lht;l C�*tf r fc �ll�ti .,,•S �rrc °Flt�t'i'�a� " i�4�, �crstt� �� Of larA gonli .1.0d #� LaG � iC•'!•t}!, LJ:. 4�i:L'•t.1i::.f►: ,..f: , �i'1,'.. G•. t o V. D. Burch. r . r td � r f; � V ntu-r. -n9, iaG i�S�1, De,siCord� G1:•.T,l utr'rlltttjlT*xaa and being more pt:�ic".rtarly dcsctited a fn�tt=M: . . r .. •r � ... � _ ... .. .•.w+;��(nr.S%'�y�',i►rj�2i't6T.i�r�.�'�aS�+L.[�fl��. i"!Lr�1'�•�•►�1".�`. �� "� ' it y .L1 rSRtL1S..6.- y •w..w�. w.-n..v ••w rwF� w �++r � 13p,GrNNING at in 14ron rod sct for 40tner in the north lire of said 7.55 acre tract$ Ibc northeast cornar of said tract hears East, 1288.36 feet? TfIENC S 89" 57' 10 45" P-1 ;13 9,41 feet with a fenot aad with said:mt-tn ]ir a of said 255 acre tract to a fence cornor for corners TkMNCE S 35' 15" 4W v m at 30145 f ect th6 s rJuth I'no of said BB13 & CRR COMPUY Survty and ilia north line a. said Wi hors �'unrcy, a total dis�xce of �`8 9.7�5 feet nth a fcrx . 'bclttg the southwest lint �f the ��f �aa�� & ��.n;g F� RR-.�m�axly 1(}0.t� fort nght-o -- way, to a ftnrz romcr ft'r 4t■..+:r; TjjsNCV, S 00' 54' 5r E, 93,31 fc et with a f��no" to ELWiltfor rn rl THENCpr V, �n.f 7 fact to a point for earner; THENCE N Mh SSA : R711 f t :* W ; ai n . r;r =�' �l,. ."� �j�. r.ti,r� • y. r, rfsr'��f�;i ►iEjkf}'`� �I1d Survey, ! tC t3{.� .fl�'L � o� T73. feet tO a sdd south line of .�i d YTRP r. ZT?, �jr�tDamt , point for corner, T-HENCE N W 57' 45"t $7.6.:1 fact to a point for c;ornenj 32' 05" A 20.23fait WItI, a fGreco to the PLACE OF BEC3MIN r and r r F4 { 3e 1 i{ jI I i , 1 ' t f f ;a i- F 1[ •r l F S f 5 F1 S F E g } r. f a ... . - .. ... .. .. ;■t+'�1L•�);�•rrF�llkirl.F+!!.:•'*ahi.'i..�;r!a,•�+F''.d: C.�Y.11:a'LI!$3� .,; . e.'..t •: ` • :i i I I { 1 1 } f l [ 3 i �� 3 9 � � �. �+ i-1 Ca try � la r � L � � � � F� F► .� � � ' t■i arm » ^^ £� ^ ' "�' M Li ' 11CM NOTE$ for a cArtrain lot, tract or VATcAl at Sarw cont&ixaing 1,506 f: o es sUv4 tsd to tht JAmms V. VIthara 6urvsy, Abstroct 1341 it Dantor. County: 3oxua l 3 Utd land 'haiia� o porrt6n of chdt certalvt 255 mcrh Urbt Islet conV6ytd ty LrI i Akan B. McClurkam of ux M V M s Burch by do sd clata3 HLvch 16) 102 sn•3 r&tordsd in Voltme 2320 PuZu 191 of trh s Denton Cott tf Dead Hetord s sna Ming wra � pArtioularly dnscribxd as icllaw&4, CD . BEGyyI��l�iING��s■at an iron p1h aot for t * nar}thyayxut carrt#r of thIg vrr4y%x, Sa}pid paix�� baita South DO' W 30" � gtp 24/ 1Si fobs And Woats IvP54.5 fciat =sr Gin `ht 8XI8t Id • � n¢rthasat cornar roi attd 235 acra ElIrst THOCt along an exlrtIng fonis 11"*VP AC follm: i South 08* �S I 1a 11 T;t t i 70t v 7 f fief i s en :1 v ` pir 31 South *.A3* 241 21" fttt, 276■79 Iftrt t* jr6 Irc:I tiri W; fCY 0.1 Ti )tthtast , cornarf this ttant 7HSHCB South � a 2', �511 + eir t j 275.51 f&bb to ay% Iran Firs vot 2a)r tha mthudxt cornmr of thin t:rLCt. } . r 'RENCS along t;1.44 mast aid-Z :1 a jlr« It"' 4) .fe-11 OSI North 2i&* 431 460,' wy j[.! . 213 41 f x a t "o ;In iron Fin; ; Norton 41" a421 1711 Vto t, 186 oA2 Z k at to ati iron pig j �rt;� k.7r6 3;1 14UPu _.-:, 27 4,?A .Ta:t: trd .ln :.rirr, ff&A 4i� -I !Zec.,r' tile ,gvrthIe,l,t &wensy t3* ta• Uj tcac:,. r THeNCE Zast' 451.11 f )tt -g; ollim1 wi;'h r.7;� Pirat Trott to th# POINT OF MOIRN1HG, 1.11116 Arz:,141"I of landv 3 I Ira i 0144i ' .fi %�■ • _Zw ' fV►RIF •�� i�!■V�i �5.1�� k��i 1•,,1 #,►fi�'� ��T 1t r}��'7�■' �f�[+ /fir'+"'•1 �tii•lrrr� Alm � < 041 �{ 4y■■a * w.yt Ei■yT =� j� • rtvla� e�•� • ■ •mot\ �� _■r ,. �iina�siil �►lil,�r■� fir, e•g>� # F YH�.� Y�'/iN •rx r;'�`;,i'S•■`LIS`'' .. �� ' • fi i '1 a i I �• � tar + � �� . ■ �� -■r a .' LL ' . M1w �r•�. ,7�� h'G� 31�� "r w * � •�`■'■:fw'"►'�`w� Pia:r �j �j�i �� wt' 1 �i t�r..f.war;+�r+s�.ti.'J.i � r�rr�a�� i�`�• � •� � ' � 1a r { 1r•'L•a� i•Z L��.�1� �t■ �� 1 �f,• 1'.;' t .� .�F r L * ' � w ' r '� T r • i•. y ti( •• t i f Y' L1■, a • w r r1 r •r .� ` • + ► ■1"14•.I. • ■!%e3 17'• +• '�: '■ � •r r3 • +11 *r�r Y� ��,,�■, •� .' .�. �r•� tj '�i i'�r: ��' � 'w ' ■ 1rs ar. ♦ �ti�� • • •a IL `}■ .■. 1• � r i I • 3� � � r t ti■" +.� r r r 'r .1!•:1 2 ail.• � f.T •i�• .� w %•f .�r•i 1# 1 11 ii■ i• 'fir • r I]j�7',t4�,,•r• #�� •1 �,�1 �,I lrii''�•' ' ! ��rs`; r' '■�: �• ,r t .a■ • J f r �. , .l M1a .1.' �■ • i-•tea■ w ,• ■+ °+M�•+#' 1*rril rS'ti �� y[�rw}��ri �• •. �'1� ��•t . r3�r� �a.i r'A't ■ i�• •■ yLi rr .�r i'r r # • • .,L a '� MrrLtr a ■'' r f F (F]R�. y''� f •1(c .� . • r , ■ 1.. r i• r r r r , M t • w ■ r �'• ■ � � w J ' � •y � •3: 111 4 51 .j1 f + a►�• �'�I�+� ��I��r ♦�r Y■}�I`r• �61 . �� ►�: C ;�4,y,�•��■w`\�+�w'iF1f.r:Ct•ry�■�+ s. �� ,,'l� ��ii{y}s`fIL!i �I�. Lr � •i aa:.►1yi'i'�jtri'ati�aw•. •�"17f��r��s, 1 •w• ■ ..'1�rkT■kf ■� ■t . ■I.{.-�•.r,#•� . f ,• ��.' �. � r■r1•' a• 1 •4• r .�. •:•f''• ,.�� •• }' ^•iw• r�1�t>,.t .■1� . i• •.1.. '■ �,7rw� •+3■R •. �L:': � �i ,!. la■• a1 ■�'•w y~i =r. rr t• i r•■i a ;fd er 'pjif J q.a ti■�r —:R • r • P r '■ a +` • •` •w r• � Ufa '4.•1 i ilff' + 1 •� I 1 �"� i � � .i .; • 1 �u� .�•' � �.� *�l.�~T�y `' 7' ��•�'r��la�lr�� J•'.�•�lY Pt � `�a r �.. r rr. �r r :• r � • T ' I•rt .. • . Z s.' a t �F s .. .�..�....• �. �..•w+rwr• •r a..,• w:�r•M_r71,■y+M.R4'arP1Si'L'■ • a C'.:v -j='O + . — ,240—. %!&! -q! 4,.!. V kJLn ---* " 4 til t-4 f 4 4W @% ' W-.p � ho a t4 wt�# 4i !�.Ztv 4t 14 4, At V A Do, nq all that certain jotj trout 0; parcal of land aitaatod in the 3tr, C 7w .R Comq&ny �Lbatract 196f t DntOn COUntYt TaXhA4 b6ing 9rr a part of thtt 00.wt4in 40AII:5d) 25�*acra 'Fixist Traqt" of land COLIveybd bV da..*.,d Irom DOA B, mcclurkan mod wife, Winifred WbndA j4ccjur)c&n to V, D. Buvc)i, raciord,)d in VOIUAla -219, page 19L.- Dc4td Radordo of DantoA CObnhY, and being more pftrtLcu1*r1Y d8vct ted aq followat at thz northenat Cotner 04 gaid 255 hCve t0100 cil _P7 0 'i I I "A C, 4,o .4, r. t. CD 04513SO E3474!>A reav to a pc;rxg L 1 11 Ip L CPR L-, &, 4 10. a t q DQ 4,40A cuwl ty a A O'k " ". . 4 4 ( 4 wr • jilth a Egrice and with &a1d survey NNA OU -ft !6" 4. 61 on ft iran eoe, iox corner tc an Iron rod 1. 4j Wj 'Fr' -M line of Ra'd m 6 14, th a 0 c4W,A-- t-.- t %,.h,t X-LOLZ V*' fill 01.101- I k.1�11 •J;ii■ ►r.[ ,• • ' a • 4 ■ 1 . L 3 S S +. •Ci t ":804 11, ri 1k r. � ' (J-1 (.71 race 91 . . . • . . . . . . . . . . . Ao *j, NN 4, .0 -4.. V■4p d0o • rr.•.!yti-.1+�ar��Jrtr..•lt1'iRl.r.lii+"`�r7.�L.7:.�3ri�Ytwil:Cti7til�L�iS•:i�� ..�iL■«:L:.INCti•L:.i•if�: r....�•+arr., .� .�� .. + � � � � �+ . � 5� �1r? � P � �+ •1 �:�w4■�i1 •i'{w.y.� � +r t �1 �,•"� �;�iiyr Y •. '�i+ '�• v yy +� ,1y �••'} Li.• = �. a'F-+,L' ,k,ySi�'. ` .■ .� �►�. •• r ; „•• ; i7i �, :' i� i "l =iY J R .•�• �•J j'•►fir 4r Is ir� �" � � �.r $tom .' � � R L t a �` �rti` E �'�; �'1r•/ , ;� .i a �'.='��lt�'��. �•� 1!��F' 1�•L ��,. ��■t 7[ �Y"� ,4 ``. . • r•r ` • .�. ev t " -• - :� N•'Rl TA fa �ay� t r ��y►y� •a ' ;• •' • ,v : �� I i1 • �, ' •'ice e a • 1� •' a k T• • ' • r ii t • r� i and all that ce:rt�r i�.c�trotaract 196, Day tOft, C�i�� '� n the ; ��t3 W,, withtru fX u lied) 255 nc�e "Y'ra of that co rain (Ca nd vitte, Wlnifrba ,and b30ing convgY64 by deed Fxcm one 8 21 � PXQP. 191, 1hrid ung x tire. • �i� ,j.scribad at l4wj COL �,"Ts 1 C+� •i r yr f� '' t an iron 40 n LC0 LAW;, 0 •"ram tow A L T91r &+ lurlr�t� ri�+ survrAyj hA CU, C, 14 Santa southvlaot f i t � r, � LloVtll--�' 4 3} f oor, 'With I rict to a iF L.F E + ri LiuLl J • h, f pp a if • �s FF I[ � ! t S R• • ti / e s � rw.. »y�trILi-9 dais [Vr`''�ik■ 4 1 _ 7mrr��ri , � � ' ..a •� ! +„t;:li: �r •'� •a1'r , ; �sl � a�r� ■•a �•• 1• i*s � 1 i • .� . �� . ■• VI a. qri I.i.j . L } t �+ + 1 rr • • Aa*r/t •.-•r t •r'}• • -�jl: .�. :1L r+ i~ ' �• �1. .■ S� `•'+ •Rt k'� ' 4 ��/ �� i '. 4r ��.rr r•�•ay a• ■.'0r'ra "S' r • • •'.r i f'1f • }� .• .. ■ �' aj•� .: a i 1 ►l •nMY • • xe• ,r E }4! a.ai = . +�• a •�_ Lki d++• i . • • ! r • . 1 . �1... a ■•f �•r � S {�4.�• ��,atrr•ti�*•y k.�+ � t •'•{ �ir� H ,'► +rig ..�:�• r , i ��e '•!�` i � •`�'r•� i t. 1!��'!+ti„',;i fit: � y'�i �•a�.`� rs.r . • 1 ► � a:�■ ►�1f,# i'�• lar � Rr.ir4,r{�a-s� �' 1 4 ' •� �• 1:• - arE`..: • a.t •S at ' ...�: •.••1 a:: 1k. • .. • . 1 •� i t, . =.r,'y �. Fa �e` . • s w l�sal t41 /G'' •`; '.. r �� 'F'r . .. • ii.,•■ �•r• ra �►%r�■� �11 =• +� pa ` ' , ` t / � , f• ' 1 ,` • " a R •tl •a '' �••,r Ri• ~� ' � % 'Pit- RotM 1 1 F a +1, �. 1{ • a s� -•e a • �r '.+ , + a tr , � ~ ,►• • •'+•• ' • ,� •, • • ...y � � - il.y, � R.� • E a .'•J` j aL r+dl •rr 1/• ,•,, 4 r a � t r. wI a a+ �.• M • - - w .. .. ►••• wrr . .