HomeMy WebLinkAbout2010-039sAour documentslordinances\10\dh-14 accepting non annexation agreements,doc
ORDINANCE No. 2010-039
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-14 OF APPROXIMATELY 30 ACRES LOCATED ON THE SOUTH SIDE OF
ROBINSON ROAD, EAST OF TEASLEY LANE, 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-14, as hereinafter described; and
WHEREAS, Section 43.035, Subchapter B, Local Government Code requires the City to
male offers of non -annexation development agreements to the owners of all properties which
have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or
timb erl and 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 documentslordinances\10\dh-14 accepting non annexation agreements,doc
SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits
of the City of Denton, Texas, known as DH- 14, 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- 14, 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 Exhibit "C".
SECTION 4. The City Manager is authorized and directed to sign the non -annexation
agreements contained within Exhibit "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-
14, 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
sub$ ect 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 th 9day o r r w _._ _ _ �,..
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: l�
APP VED a TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 2
EXHIBIT "A"
Annexation Tract DH14
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 3), ordinance 1978--28
(Exhibit C), ordinance 1983-33, Ordinance 1997-51, ordinance 1999-347, and
Ordinance 1999W383; and being more specifically described as follows:
DH-14
BEGINNING at a point in the southeast corner of the property described in Ordinance
83-033, said point being near the northeast corner of Teasley Lane and Robinson Road, at
the intersection of the property described in Ordinance 65-43 and being 5 feet east of the
east right-of-way of Teasley Lane;
THENCE -westerly along the north right-of-way line of Robinson Road to a point on the
line, described in Ordinance 75-28, Exhibit C;
THENCE southerly along the line described in Ordinance 78-28, Exhibit C to a point on
a line described in Ordinance 97-051;
THENCE North 86' 55' 29" West, 680.54 feet as described 'in the property described in
Ordinance 97-501, said point being at the northwest corner of said property and on a line
on the east side of the property described in Ordinance 99-347;
THENCE north on the east line of the property described in Ordinance 99--3 47 to a point
in the center of Robinson Road as described in said ordinance;
THENCE westerly along the centerline of Robinson Road as described in Ordinance 99-
34E to a point being in the northwest corner of said property;
THENCE northerly to the Point of Beginning
EXHIBIT B
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After recording return to:
Jelmifer Walters
City Secretary
215 E. Mde,_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
t(uod_ 4 pro tiY"owners"), the property owners of the hereinafter described
property (the "Property") in Denton County, Texas, sometimes individually or
collectively referred to as "Party" or "Parties":
That property described in a deed to DAt4 i.pAtamo 4_ A_M ich is recorded at
vol. q ► page to ,�„ of the Deed Records of Denton County, Texas, and
commonly Imown as Tax Parcel No. _3 Z�*3� T_, which is attached
hereto as Exhibit A, consisting of approximately1; 5a.cres of land.
WHEREAS, the City has given notice of its intent to institute annexation
proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and
WHEREAS, owners desire that the Property remain in the City's extraterritorial
jurisdiction ("ETY') for the term of this Agreement;
WHEREAS, owners and the City acknowledge that this Agreement between
them is binding upon the City and the owners and their respective successors and assigns
for the term of the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, OWNERS represent that it is their intention not to develop the
Property during the term of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner
and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section
212.172 for purposes of retaining land in the municipality's ETJ in exchange for the
property owner's covenant not to develop the property and to authorize the municipality
to apply development regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized
under Tex. Loc. Gov't Code section 43.035; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of
Denton County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the term
of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed
upon by the Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The owners covenant and agree that use of the
Property for the term of this Agreement and any extensions agreed to by the Parties shall
be limited to farm -related and ranch -related uses and customary accessory uses, and
single-family detached farm or ranch dwellings, provided that no single-family dwelling
may be located or constructed on a lot smaller than five (5) acres. The property owner
may apply to the City for division of the land subject to this Agreement into parcels, each
of which is at least five (5) acres in size, for the purposes set forth in this section without
being in violation of this Agreement. Such uses and activities constitute the development
plan for the Property in satisfaction of Tex. Loc. Gov't: Code section 212.172(b).
Section 3. Governing Regulations. The following City regulations shall apply to
any development of the Property, as may be amended from time to time, provided that
the application of such regulations does not result in interference with the use of the land
for agricultural, wildlife management or forestry purposes and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which
remains lawful at the time the Agreement is executed:
(1) Zoning standards contained in - the Denton Development Code
("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as
amended, including but not limited to the (RD-5) Zoning District
regulations, and standards incorporated therein
(2) The subdivision and development regulations contained within the
Denton Development Code, as amended, together with applicable
Design Criteria Manuals (including construction, drainage, site design,
solid waste, transportation, . tree protection standards, and
water/wastewater), Denton Mobility Plan and other approved Master
Plans of the City of Denton, Texas, and the North Central Texas
Council of Governments Standard Specifications for Public works
Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual);
(3) Denton building codes, as contained within Denton Code Chapters 17,
28 and 29, and DDC Subchapter 24, adopting:
a. International Building Code, 2006 Edition with local
amendments;
b. International Residential Code, 2006 Edition with
Appendix G and local amendments;
C. The International Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
0)
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 Codes 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 -- 3 75;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
(5) Applicable water and wastewater connection, construction and on -site
operation requirements, contained within Chapter 26 of the Denton
Code of ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton Water and Wastewater Criteria Manual,
as amended, and as supplemented by the Texas Water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 30 of the Denton Code, as amended, and
subchapters 17 through 19 of the DDC, as amended, the Denton
Drainage Criteria Manual, as amended, and as supplemented by
requirements of the Texas Water Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards of
the Texas Commission on Environmental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
(7) Gas Well platting, drilling and production standards, as contained in
§35.16.19 and subchapter. 22 of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
3
Section 4. Development Plan to Remain ^in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first occurs. The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for the Property during such period if such
application or plan is inconsistent with the Development Plan. The owners expressly
waive any vested rights that might otherwise arise under local or state law, or by common
law, from the submittal of such inconsistent development application. The Owners
further agree that no use commenced or completed on the Property that is inconsistent
with the development plan shall be considered established or in existence prior to the
expiration of the 180 -day period during which the Development Plan is in effect.
.
Section 5. A regiment Deemed Void in Part• Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the
Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall
thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to
Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary
annexation of land as may then exist. Owners expressly and irrevocably consent to
annexation of the Property under such circumstances. Owners further agree that such
annexation by the City shall be deemed voluntary, and not sub j ect to the requirements
and procedures for an 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 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.
M
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the.S-abi t,o 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")� - �Ewl `ti f the
Agreement shall be the date the Agreement is executed by ay 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
Owner
6/ JC00i ►n-�6yallaL4911f01
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THE CITY OF DENTON, TEXAS
By:
City Manager, Deputy City Manager, or
Designated Representative
This instrument was acknowledged before me on the day ,
� y o
20j* by
i 141 hti:.
NOTARY PUBLIC
67Of ftwWWA TMS
THE STATE OF TEXAS
COUNTY OF DENTON
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Notar Public, State of ex
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This instrument was acknowledged before me on the day ol L IA S
20�, by
Notary Pu lic, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was ackno dged before --,me on the day of
2 by it
er puty City Manager/Designated presentative, on behalf of the City of Denton,
Texas.
JENNIFER K. WALiER�
.`' = Notary public, State of
' Te�cas
My Commission
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eary Publ' , State of Texas
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WAnFtANTY DeR❑ tWl'rH VENaC1R}S LIEN AiAiNEa BY GRANTOR)
D-78-2261JM/bs
VOL 918 FACE 102
THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS,
COUNTY OF Denton
'DEED RECOIDS
That WE, THOMAS T. KIRBY, JR. and wife, AVA JOYGE KIRBY
4
(hereinafter called "Grantor," whether one or more, masculine, feminine or neuter) for and in consideration
of the sum of TFN and no1100 DOLLARS and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged and the further consideration of the execution and delivery b
, 63
1DAN HAMPTON and wife, MELINDA S. HAMPTON
(hereinafter called "Grantee," whether one or more, masculine, feminine or neuter) of one certain note of
even date herewith In the principal sum of $ 6, 000.00 , payable to the order of Grantor as therein
provided, which note is secured by a first: and superior vendor's lien retained herein for
the benefit of the holder(s) thereof and is additionally secured by a deed of trust of even date herewith to
Gary H. Kirehoff trustee(s), upon the property conveyed hereby, have Granted,
Sold and Conveyed' and by these presents do Grant, Sell and Convey, unto
the said Grantee all that certain
real property located in Denton County, Texas and described as follows:
All that certain lot, tract or parcel of land lying and being situated
in the City and County of Denton, State of Texas, and being a part of
a called 80.5 acre tract of land as conveyed by Deed dated September
22, 1952, from L, 1-1. Mead, et al, to Thomas T. Kirby and wife, Ava
Joyce Kirby, said Deed recorded in Vol. 382, Page 539, Deed Records of
Denton County, 'texas, and all being out of the B. Merchant Survey,
Abstract No, 900, and being more particularly described as follows;
BEGINNING at a 60d nail in the centerline of an East and West Public
Road and being in the North Boundary Line of the B. Merchant Survey,
Abstract No. 800, same being in the North Boundary Lane of the past
mentioned 80.5 acre tract and being North 87' 33' 301, W. 100 feet from
the Northeast corner of mentioned 80.5 acre tract, said Point of
��Beginning also being the Northwest corner of Tract III of 1 acre as
described in Deed of Trust from Robert P. Sharpe, Jr. and wife, Barbara
Neely Sharpe, to Tom D. Jester, Jr., Trustee, shown of record in Vol,
422, Page 825, Dded of Trust Records, Denton County, Texas;
3 d L` f T ct III of
THLNCE S . 2 32 10 w. along the i<yest oun axy
."V o ra
� 1 acre as )apt mentioned 430 G feet to a steel pin set by others for
N'tho Southwest corner of the past mentioned Tract III, same being in the
North Boundary Line of Tract II of 22 acres as mentioned in•i past mentioned
Deed of Trust;
THENCE N . 880 14' 2011 w . along the North Boundary Line of the 22 acre
tract 252.04 feet to a steel pin for corner;
THF,NCL N. 20 32' 1011 E. 433.59 `feet to a God nail in the approximate
center of an East and -West Public Road and being in the North Boundary
Line of the B. Merchant Survey, Av,stract No. 800, and being -in the North
Boundary Line of the past mentioned 80,5 acre tract;
HIENCI, S. 870 33' 30" B. along the North Boundary Lino of the past
montioned 80.5 acre tract 252,04 feet to Point of Beginning and contain-
i n a 2 . SO acres of land. %' .
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E This deed is executed and delivered subject to all easements, reservations, conditions, covenants and
r restrictive covenants,,as the same appear of record in the office of the county Cleek of the county aforesaid,
TO HAVE AND TO HULA] the above described premises, together with all and singular the rights and
appurtenances thereto in anywise belonging unto the said Grantee, his, her or its successors, heirs and assigns,
as the case may be, forever; and Grantor does hereby bind Grantor and Grantor's successors, heirs, executors
and administrators, as the case may 1 e, to Warrant and Forever Defend all and singular the said premises unto the
a said Grantee and Grantee's successors, heirs and assigns, as the case may be, against every person whomsoever
lawfully claiming, or to claim the same, or any part thereof.
But it is expressly agreed and stipulated that the aforesaid Vendor's Lien is retained against the above de-
scribed property, premises and improvements until the above described note and all interest thereon are fully
paid according to its face and tenor, effect and reading, when this deed shall become absolute.
Executed this loth day of Octobers 19 78
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ACKNOWLEWMNT � THE STATE OF TEj�&� � VOL ����u �a104
000mTY / BMmE ME, theunderaigned Authority,
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.'�xvcuted the same
` GIVEN UNDER ~. HAND AND "E^""F
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AWOWUMMT
THE STATE OF TEXAS,
in and for said County, Texas, on thfis day personally 0'.."08 . . ....
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known *membe theneraonwhose name ................... oubs-cribedwthe foregoing Ingtrument, cmd.iowledgedmme that
m`— executed the same for the purposes and consideration therein ,xpre~eil
GIVEN UNDER pYHAND AND SEAL onOFFICE, Thin ...... .................... day of .......... /nu^—..~.
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Not-arymwic ....... .--~~.—'_---...... County, Texas
ACKNOWLEDGMNT
THE STATE OF TEXASI
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known mmembe thenerson.—,whose to the foregolng Instrumont, and acknowledged mme that
w— executed the same for the purposes and m"moer"tionth"voi"expressed.
nmon omuon m, uAmo A,mo SEAL OF onnmE, Thin .. _. .. — --. my of- ............................ —, A.D.
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Notary Public ............. .......................... ............. County, Texas
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