HomeMy WebLinkAbout2010-038sAour documentslordinances1l01dh-I I accepting non annexation agreements. doc
ORDINANCE NO. 2010-038
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-11 OF APPROXIMATELY 388 ACRES LOCATED SOUTHEAST OF THE
INTERSECTION OF MAYHILL ROAD AND MCKINNEY STREET, 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- 11, 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 others owners to whom
notices have been sent have not executed the agreements within the allotted period of time,
thereby declining the City's offer; and
WHEREAS, the City and the owners of eligible properties with insufficient legal
descriptions are in the process of correcting defects therein; and
WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of
the City of Denton to enter into such non -annexation agreements with eligible property owners;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
sAour documentslordinancesllD1dh-11 accepting non annexation agreements. do c
SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits
of the City of Denton, Texas, known as DI I-11, is described in Exhibit "A", attached hereto and
41
incorporated herein, and depicted in Exhibit "B," attached hereto and incorporated herein (except
that if there is conflict between the Exhibits, "A" shall control).
SECTION 3. Certain non -annexation agreements relating to eligible properties within
that parcel identified as DH-11, 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-3 ".
SECTION 4. The City Manager is authorized and directed to sign the non -annexation
agreements contained within Exhibits "C-1" through "C- _,�_3 " 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-
11, 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 take effect immediately on its passage.
AND IT IS SO ORDERED.
Passed by the City Council reading this 9th day of FP',r,, arV "n 10
ATTEST:
JENNIFER wALTER.S, CITY SECRETARY
BY:
APPR ED QS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 2
EXHIBIT "As'
Annexation Tract DHll
ALL those certain lots, tracts or parcels of land lying and being situated in the County of
Denton, State of Texas and presently being wholly surrounded and fully embraced by the
Denton city limit boundaries of record and established by the annexation ordinances as
follows, ordinance 1965-43 (Tract I), Ordinance 1973-8 , Ordinance 1981-94, Ordinance
198 3 -18, Ordinance 19 8 3 - 19, Ordinance 19 8 3 -13 4, ordinance 19 8 6-13, and ordinance
1986-129; and being more specifically described as follows:
DH-11
BEGINNING at appoint at the intersection of the properties described by ordinance 65-
43, Tract I and ordinance 83-134, said point being the southwest corner of the property
described in ordinance 83-134;
THENCE southwesterly along the south line of the property described in ordinance 83-
13E to a point intersecting the west line of the property described in ordinance 86-13;
THENCE South 1 ° 11' 58" East, 78.75 feet to a point for a corner;
THENCE South 0' 14' 47" East, 321.99 feet to a point for a corner;
THENCE South 1 ° 00' 54" west, 692.37 feet to a point for a corner;
THENCE South 8 8 ° 07' 49" East, 158.15 feet to a point for a corner;
THENCE South 1 ° 00' 46" East, 798.58 feet to a point for a corner;
THENCE South 89' 3 0' 13" East, 812.67 feet to a point for a corner;
THENCE North 1 ° 00' 46" west, 798.58 to a point for a corner;
THENCE North 00 10' 40" East to a point for a corner, said corner being on the south
line of the property described in ordinance 83 -13 4;
THENCE southeasterly along the south line of the property described in ordinance 83-
134 to a point, said point being the southeast corner of the said property and intersecting
with the property described in ordinance 8 6 -12 9;
THENCE southeasterly along the south line of the property described in ordinance 86-
129, approximately 1790.55 feet to a point for a corner;
THENCE southerly along the west line of the property described in ordinance 86-129 to
an intersection with the property described in ordinance 8 3 -18;
THENCE westerly along the center line of Pecan Creek, approximately 535.62 feet, as
described in ordinance 83-18, to a point in the center of Pecan Creek, said point being
the southeast corner of the property described in ordinance 81-094;
THENCE along the center line of Pecan Creek, approximately 2317 feet, as described in
Ordinance 81-094 to a point for a corner, said point being the southernmost point of the
property described in ordinance 83 -19;
THENCE along the center line of Pecan Creek, approximately 3454.72 feet, as described
in ordinance 83 -19 to a point for a corner;
THENCE South 65' 45' 12" East, 96.30 feet, to a point of intersection with the property
described in ordinance 81-94;
THENCE North 65' 45' 12" west, 289.86 feet to a point for a corner;
THENCE along the center line of Pecan Creek, approximately 2232.3 3 feet as described
in ordinance 81-94 to a point for a corner;
THENCE North 8 8 ° 12' West, 31. 8 o feet to a point for a corner;
THENCE South 3 ° 51' 32" West, 160 feet to appoint for a corner;
THENCE North 86' 43' 28" west, 1450 feet to a point for a corner, said point being on
the east right-of-way of Mayhill Road;
THENCE northerly along the east right-of-way line of Mayhill Road as described in
Ordinance 73 -08 to a point, said point being the southeast corner of the property
described in ordinance 65-43, Tract I;
THENCE northerly along the east side of Mayhill Road as described in ordinance 65--43,
Tract I to the Point of Beginning.
Al"Ar"CEII-SOMMA
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Sponcor Rd.
City of Denton, Texas
DH 11 w 387 Acres
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0 400 800 11600 2,400
After recording retuni to
Jennifer Walters ;11aneousl10lannexationslc J, hughes non -annexation agreement.doc
City Secretary
215 E.1 eKinney
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 C.J. Hughes ("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 all of a 11.387 acre tract of land, more or less, and that portion lying outside the
city limits, of a 6.392 acre tract, more or less, situated in the Moreau Forest Survey,
Abstract No. 417, Denton County, Texas, and being more fully described in Tract 1 and
Tract II, respectively, of that certain Special Warranty Deed dated June 11, 2007 from
Deutsche Bank National Trust Company as Trustee for Long Beach Mortgage Loan
Trust 2005-3, by Washington Mutual Bank as attorney -in -fact to C.J. Hughes, filed for
record on July 9, 2007 and recorded in Instrument Number 2007-80862 of the Real
Property Records of Denton County, Texas. Said 11.387 acre tract of land, and that
portion lying outside the city limits, of the 6.392 acre tract of land, is commonly known
as DCAD Property ID No. 3 7312.
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 terns 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
1
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. . .. ......... ..... . . .... . .. ...... ..........
................ .... ...... ......... .. .... ......
. ............ .. . . `'........ . . .
.... . . ..
'
sAour documentslmiscell aneousllnlannexationslc j. hughes non -annexation agreement.doc
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the 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. GoverningRe
gulations. g 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 Warps Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG
Manual);
(3) Denton building codes, as contained within Denton Code Chapters 17, 28 and
29, and DDC Subchapter 24, adopting:
a. International Building Code, 2006 Edition with local amendments;
2
sAour documents\miscellaneous\10\annexations\c,j. hughes non -annexation agreemen.t.doc
b. International Residential Code, 2006 Edition with Appendix G and
local amendments;
C. The International Fire Code, 2006 Edition with local amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of ordinances Chapter 17, Denton Property Maintenance
Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local amendments.
j . National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code §§28-383
— 43 7 and § § 17-141 210, as amended and as applicable;
1. Irrigation Standards, Denton Code §§28-441 -- 457; and
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
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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 greement Deemed void in art- volunta .. Annexation.
(A) If an owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of
land as may then exist. owners expressly and irrevocably consent to annexation of the Property
under such circumstances. owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
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. 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. .
M
sAour documentslmiscellaneousl10lan exationslc j. hughes non -annexation agreement,doc
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. The initial term of this Agreement shall be for a period
of five (5) years from the Effective
shall be the date the Agreement is
mutual agreement of the Parties.
Date (the "Term"). The Effective Date of the Agreement
executed by the City. The Term may be extended upon
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
The Parties hereto have executed this agreement as of , 2010.
Owners
A/,JA_1 J2
C.. ugh
�o 0'
THE CITY OF DENTON, TEXAS
By:
City Manager, Deputy City 94'anager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
sAour documentslmiscellaneousl10lannexationslc j. hughes non -annexation agreement.doc
THE STATE OF TEXAS
COUNTY OF DENTON
his instrume was acknovvledg d before m Tie day o ,OCR , by
i tManage (Deputy City Mana erlDesignated
Representative, Wbehalf of W City of Denton, Texas.
�►1i�lrr� �r
j E. N
NIFER K, WALTEK
Notary Public, State Of Texas
0 Ole My Commission Expires
r;°;,`►� December 19, 2010
APPr
ANI�
BY;
t Publi atate of Texas
R
After recording return to
Jennifer Walters
City Secretary,ellaneous\10\annexations\jeannene hughes non -annexation agreement.doe
215 E. McI irniey
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 Jeannene Hughes ("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 15.473 acres of land, more or less,
situated in the Moreau Forest Survey, Abstract No. 417, Denton County, Texas, and
being more fully described in that certain General Warranty Deed dated March 28, 2008
from Sukhminder Singh Maan and Jasvir Maan, husband and wife to Jeannene Hughes,
filed for record on April 7, 2008 and recorded in Instrument Number 2008-36342 of the
Real Property Records of Denton County, Texas. Said portion lying outside the city
limits, of a 15.473 acres of land, more or less, is commonly known as DCAD Property
ID No. 2 73 021.
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;
sAour documents\miscellaneous\10\annexationsljeannene hughes non -annexation agreement.doc
Now, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
faun --related and ranch --related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres. The property owner may apply to the City for division of the
land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the
purposes set forth in this section without being in violation of this Agreement. Such uses and
activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't
Code section 212.172(b).
Section 3. Governin Re 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 (RID-5) Zoning District regulations, and standards
incorporated therein
(2) The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria
Manuals (including construction, drainage, site design, solid waste,
transportation, tree protection standards, and water/wastewater), Denton
Mobility Plan and other approved Master Plans of the City of Denton, Texas,
and the North Central Texas Council of Governments Standard Specifications
for Public works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG
Manual);
(3) Denton building codes, as contained within Denton Code Chapters 17, 28 and
29, and DDC Subchapter 24, adopting:
a. International Building Code, 2006 Edition with local amendments;
b. International Residential Code, 2006 Edition with Appendix G and
local amendments;
C. The International Fire Code, 2006 Edition with local amendments;
2
sAour documentslmiscell aneousllDlannexationsljeannene hughes non -annexation agreement.doc
d. International Plumbing Code, 2006 Edition with local
amendments;
to
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;
1. National Electric Code, 2005 Edition with local amendments.
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code §§28-383
— 43 7 and § § 17-141 --W- 210, as amended and as applicable;
1. Irrigation Standards, Denton Code §§28-441 — 457; and
In. Moving Buildings, Denton Code §§28-326 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended;
(5) Applicable water and wastewater connection, construction and on -site
operation requirements, contained within Chapter 26 of the Denton Code of
Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended,
the Denton water and wastewater Criteria Manual, as amended, and as
supplemented by the Texas Water Code, as amended, Texas Natural
Resources Code, as amended, Texas Utilities Code, as amended, and
applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as contained
within Chapter 30 of the Denton Code, as amended, and subchapters 17
through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as
amended, and as supplemented by requirements of the Texas water Code, as
amended, Texas Natural Resources Code, as amended, applicable
administrative standards of the Texas Commission on Environmental Quality,
as amended, and applicable administrative standards of the Federal
Emergency Management Administration, as amended; and
(7) Gas well platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22 of the Denton Development Code, as amended
and as applicable, and as supplemented by requirements of the Texas Utilities
Code, the Texas Natural Resources Code, the Texas water Code, and
applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for
a period of 180 calendar days thereafter, or until the effective date of the annexation and
3
sAour documentslmisceiianeous1101alinexationsljeannene hughes non -annexation agreement.doe
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 180Wday 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 Cal, 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 documents\miscellaneous\10\annexationsljeannene hughes non -annexation agreement.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 Copses. 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
11
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.
Owners
Jea ne Hughes
THE CITY OF DENTON, TEXAS
y
City Managers Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
sAour documentslmiscelIaneousl101annexations\jeannene hughes non -annexation agreement. doc
THE STATE OF TEXAS
COUNTY OF DENTON
his instrume . was acknowieVed efore C-"on t e day of 520/0, by
City Manage IDeputy City Manag r/Designated
Representative, n behalf oft e City of Denton, Texas.
r.AL
JENNIEER K. WALiERS arV Public ate of Texas
s M
Notary Public, State of Texas
My Commission Expires
`.;�''• December 192D 10
a i i ecemer ,
►►' e��
em lip
APPROVED AS TO LEGAL FORM: "...... ,.
ANITA BURGESS,- CITYATTORNNEY
After recording return to:
Jen lifer Walters
City Secretary
215 E. Mcl'im-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 Ediberto Alfredo Rodriguez ("owners"), the
property owners of the hereinafter described property (the "Property") in Denton County, Texas,
sometimes individually or collectively referred to as "Party" or "Parties":
Being a called 5.76 acre tract of land, and being that portion lying outside the city limits,
of a 6.726 acre tract of land, more or less, situated in the Moreau Forest Survey, Abstract
No. 417, Denton County, Texas, and being more fully described in that certain Special
Warranty Deed dated April 30, 1999 from Lourdes Del Carmen Rodriguez to Ediberto
Alfredo Rodriguez, filed for record on May 5, 1999 and recorded in volume 4332, Page
2735 of the Real Property Records of Denton County, Texas. Said called 5.76 acre tract
of land, is commonly known as DC,4D Property ID No. 3 7314.
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 them is
binding upon the City and the owners and their respective successors and assigns for the tern of
the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, OWNERS represent that it is their intention not to develop the Property
during the term of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for
purposes of retaining land in the municipality's ETJ in exchange for the property owner's
covenant not to develop the property and to authorize the municipality to apply development
regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex.
Loc. Gov't Code section 43.035; 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 aimex 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. Develop ent Plan. The owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm -related and ranch -related uses and customary accessory uses, and single --family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres. The property owner may apply to the City for division of the
land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the
purposes set forth in this section without being in violation of this Agreement. Such uses and
activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't
Code section 212.172(b).
Section 3. Governing_ Regulations. The following City regulations shall apply to any
development of the Property, as may be amended from time to time, provided that the
application of such regulations does not result in interference with the use of the land for
agricultural, wildlife management or forestry purposes and does not prevent the continuation of a
use established prior to the effective date of this Agreement and which remains lawful at the time
the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code ("DDC"), as
amended pursuant to The Denton Plan, 1999-2020, as amended, including but
not limited to the (RD-5) Zoning District regulations, and standards
incorporated therein
(2) The subdivision and development regulations contained within the Denton'
Development Code, as amended, together with applicable Design Criteria
Manuals (including construction, drainage, site design, solid waste,
transportation, tree protection standards, and water/wastewater), Denton
Mobility Plan and other approved Master Plans of the City of Denton, Texas,
and the North Central Texas Council of Governments Standard Specifications
for Public Works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG
Manual);
(3) Denton building codes, as contained within Denton Code Chapters 17, 28 and
29, and DDC Subchapter 24, adopting:
a. International Building Code, 2006 Edition with local amendments;
b. International Residential Code, 2006 Edition with Appendix G and
local amendments;
C. The International Fire Code, 2006 Edition with local amendments;
2
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
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 laws from the submittal of such inconsistent development
application. The owners finrther 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
conunences 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 P laiming 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. Severabi. 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.
C!
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. Tel -in 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.
Owners
Ediberto Alfredo Rodriguez
THE CITY OF DENTON, TEXAS
By
City Manager, Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
THE STATE OF TEAS
COUNTY OF DENTON
This instru ant was aclulowledged before n � day o /4,20�� by
A,�.�i� . Manag /Deputy City Manage /Designated
Representati , on behalf of the City of Denton, Texas.
JENNIFERK. WALTERS
r �
Notary Public, State at Texas
My Commission Expires
December 19, 2010
r
APPROVED AS TO LEGA. .........L FORM:
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