HomeMy WebLinkAbout2010-041sAour documentslordinancesl10lpaa2 accepting non annexation agreements.doc
ORDINANCE NO. 2010-041
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 PAA2 SOUTH OF APPROXIMATELY 1,472 ACRES LOCATED ON THE SOUTH SIDE
OF FM 1173, NORTH OF W. DIVERSITY DRIVE, WEST OF I-3 5, 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 PAA2 South, 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 documentslordinances1101paa2 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 PAA2 South, 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 PAA2 South, 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
it herein by reference as Exhibits "C-1" through "C- ".
SECTION 4. The City Manager is authorized and directed to sign the non -annexation
agreement 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 S. In the event the City Council does not annex that parcel identified as PAA2
South, 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 I'
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BY:
AL
APPR ED IS To LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Page 2
EXHIBIT A
Annexation Tract PAA2 (Page 1 of 5)
BEGINNING at point on the present Denton city limit line, being the northwest corner of
a tract described in annexation ordinance 2007-268, and further described in said
ordinance as a right-of-way marker post for a corner in the south line of Farm -to -Market
1173 and in the east line of the Gulf, Colorado and Santa Fe Railroad Company right-of-
way;
THENCE South 22' 46' 21" East, along the present Denton city limit line as established
and described in Ordinance 2007-268 and along the east line of the Gulf, Colorado and
Santa Fe Railroad Company right--of-way a distance of 1,860.04 feet to a point for a
corner, said point being the southwest corner of the tract described in said ordinance
2007-268;
THENCE South 88' 58' 01" East along the present Denton city limit line as established,
described and depicted in Ordinance 2007-268 (Exhibit A and Exhibit A-3 therein) a total
distance of 3,411 feet to a point for a corner, said point being the southeast corner of the
tract depicted in Ordinance 2007-268 (Exhibit A--3) and said point also lying on the a
westerly line of a City of Denton annexation tract established and described in Ordinance
1969-40 (Tract VI);
THENCE South 02' 57' East, parallel to and 500 feet west of the center line of Interstate
Highway 35, same being the present Denton city limit line established and described in
Ordinance 1969-40 (Tract VI), a distance of 1,103 feet to a point for corner, said point
lying on the most northerly north line of a City of Denton annexation tract described in
Ordinance 1965-43 (Tract V);
THENCE west along the present Denton city limit line as established and described in
Ordinance 1965-43 (Tract V) a distance of 244 feet to a point for a corner, said point
being the most northerly northwest of said City of Denton annexation tract established
and described in Ordinance 1965-43 (Tract V);
THENCE South along the present Denton city limit line as established and described in
Ordinance 1965-43 (Tract V), being 600 feet from and parallel with the west right-of-
way line of Interstate Highway 35, a distance of 1,860 feet to a point for a corner, said
point being the northeast corner of a City of Denton annexation tract established and
described in Ordinance 1985-31;
THENCE North 890 5 P 30" west along the present Denton city limit line as established
and described in Ordinance 1985-31 a distance of 1,961.87 feet to a point for a corner;
THENCE South 000 54' 39" East continuing along the present Denton city limit line as
established and described in Ordinance 1985-31 a distance of 1,165.47 feet to a point for
a corner;
Annexation Tract PAA2 (Page 2 of 5)
THENCE Southeasterly continuing along the present Denton city limit line as established
and described in Ordinance 1985-31 and along a curve to the left on the east n' ht-of wa
g Y
line of the A T & S R Railroad an are distance of 1,324.91 feet as described in Ordinance
85-31 to a point for corner;
THENCE Southeasterly continuing along the present Denton city limit line as established
and described in Ordinance 1985-3 I and along a curve to the left on the east right--of-wa
line of the A T & S R Railroad an are distan Y
ce of 254.27 feet as described in ordinance
85-31 to a point for corner;
THENCE South 33' 02' East continuing along the present Denton city limit line as
established and described in ordinance 1985-31 and along the east right-of-way line of
the A T & S R Railroad distance of 94.68 feet, as described in ordinance 85-31, to a
point for corner, said point lying on the most westerly north line of a City of Denton
annexation tract described in Ordinance 1965-43 (Tract V);
THENCE west continuing along the present Denton city limit line as established and
described in Ordinance 1965-43 (Tract V) a distance of 119.22 feet to a point for corner,
said point being on the west right-of-way line of the A T & S R Railroad and being the
most westerly northwest corner of said annexation tract described in Ordinance 1965-43
(Tract V);
THENCE Southeasterly continuing along the present Denton city limit line as established
and described In Ordinance 1965-43 (Tract V) and along the west right-of-way line of the
A T & S R Railroad a distance of 490 feet to a point for corner, said point being the
northeast corner of a City of Denton annexation tract established and described by
Ordinance 1970-34;
THENCE South 89' 09' West continuing along the present Denton city limit line as
established and described in annexation Ordinance 1970-34 a distance of 2,612.8 feet to a
point for corner, said point being the northwest corner of said tract described in
annexation Ordinance 1970-34;
THENCE South 00' 42' 30" East continuing along the present Denton city limit line as
established and described in annexation Ordinance 1970-34 a distance of 2,680 feet to a
point for corner, said point being the most westerly northeast corner of a City of Denton
annexation tract established and described by Ordinance 1969-40 (Tract VII);
THENCE North 88' 50' West continuing along the present Denton city limit line as
established and described in annexation Ordinance 1969-40 (Tract VII) a distance of
1,478 feet to a point for corner, said point being the most southerly southeast corner of a
City of Denton annexation tract established and described by ordinance 2006-364 and
also lying on the east line of Masch Branch Road;
Annexation Tract PAA2 (Page 3 of 5)
THENCE North continuing along the present Denton city limit line as established and
described in annexation ordinance 2006-364 and along the east line of Masch Branch
Road a distance of 2,603 feet to a point for corner, said point being the northeast corner
of said ordinance 2006-364 annexation tract;
THENCE North 89' 48' 00" West continuing along the present Denton city limit line as
established and described in annexation ordinance 2006-364 a distance of 50 feet to the
west right-of-way line of Masch Branch Road to a point for corner, said point also being
the southeast corner of a City of Denton annexation tract established and described by
Ordinance 2007-76;
THENCE North continuing along the present Denton city limit line as established and
described in annexation Ordinance 2007-76 and along the west right-of-way line of
Masch Branch Road a distance of 835.54 feet to a point for corner;
THENCE North 440 57' 37" West continuing along the present Denton city limit line as
established and described in annexation ordinance 2007-76 and along a right-of-way
flare of Masch Branch Road a distance of 70.76 feet to a point for corner;
THENCE North 890 55' 14" West continuing along the present Denton city limit line as
established and described in annexation ordinance 2007-76 and along the south right-of-
way line of Masch Branch Road a distance of 854.47 feet to a point for corner;
THENCE South continuing along the present Denton city limit line as established and
described in annexation Ordinance 2007-76 a distance of 883.64 feet to a point for
corner, said point being the northwest corner of a City of Denton annexation tract
established and described by Ordinance 2006-364;
THENCE South continuing along the present Denton city limit line as established and
described in annexation'Ordinance 2006-364 a distance of 1,371.66 feet to a point for
corner, said point being the southwest corner of a City of Denton annexation tract
established and described by ordinance 2006-364 and also lying on the north line of a
City of Denton annexation tract established and described by ordinance 1986-23;
THENCE South 890 02' 33" West continuing along the present Denton city limit line as
established and described in annexation Ordinance 1986-23 a distance of 1,168 feet to a
point for corner, said point being the northwest corner of said ordinance 1986-23
annexation tract;
THENCE South 00' 49' 16" East continuing along the present Denton city limit line as
established and described in annexation Ordinance 1986-23 a distance of 969.60 feet to a
point for corner, said point being the southwest corner of said ordinance 1986-23
annexation tract and lying on the a northerly line of a City of Denton annexation tract
established and described by Ordinance 74-3 6 (Tract V);
Annexation Tract PAA2 (Page 4 of 5)
THENCE North 880 50' west continuing along the present Denton city limit line as
established and described in annexation Ordinance 74-36 (Tract V) a distance of 1,905
feet to a point for corner, said point being on the west line of a 60.474 acre tract of land
described in deed recorded under Instrument Number 2008--132154, Real Property
Records, Denton County, Texas;
THENCE North 2° 14' 50" East, along the west line of said 60.474 acre tract a distance
of 923 feet to the northwest corner of the said 60.474 acre tract to a point for corner;
THENCE South 870 54' 20" East, along the north line of said 60.474 acre tract a distance
of 507 feet to a point for corner, said point being the southwest corner of a 40.24 acre
tract of land described in deed recorded under Instrument Number 2003-207507, Real
Property Records, Denton County, Texas ;
THENCE North 000 20' 00" west along the west line of said 40.24 acre tract a distance
of 2,280.05 feet to a point at the northwest corner of said tract and in the center of Masch
Branch Road;
THENCE North a distance of 25 feet to a point for corner, said point being the
intersection of the implied east right-of-way line of a north/south section of Masch
Branch Road and the implied north right -of --way line of an east/section of Masch Branch
Road;
THENCE northerly along the courses and distances of the implied east right-of-way line
of Masch Branch Road a total distance of 5,545 feet to a point for corner, said point being
on the southwest corner of a 4.998 acre tract described in City of Denton Ordinance
2001-318 (Krum/Denton Mutual Boundary Agreement (Exhibit A (Tract 4)));
THENCE South 89' 53' 33" East, along the present Krum/Denton Future Mutual
Boundary Line referenced in City of Denton Ordinance 2001-3 18, a distance of 418.50
feet to a point for a corner;
THENCE North 00' 16' 13" wrest, along the present Krum/Denton Future Mutual
Boundary Line referenced in City of Denton Ordinance 2001-318, a distance of 520.80
feet to a point for corner, said point being the northeast corner of the property described
in Ordinance 2001-318 (Exhibit A (Tract 4)) and the southeast corner of the property
described in Ordinance 2001-318 (Exhibit A (Tract 3));
THENCE North 00109' 0 1 " west, along the present Krum/Denton Future Mutual
Boundary Line referenced in City of Denton Ordinance 2001-318, a distance of 745.53
feet to a point for a corner, said point being the northeast corner of the property described
in Ordinance 2001-318 (Exhibit A (Tract 3)) and located on the south right-of-way line of
F.M. 1173;
Annexation Tract PAA2 (Page 5 of 5)
THENCE easterly along course and distances of the south right-of-way line of F.M.
1173, a total distance of 4,385 feet to the POINT OF BEGINNING and containing 1,480
acres of land,
EXHIBIT B
r
Ls
F.M. 1173
U.S. Highwa 380 � ��
City of Denton, Texas
PAA2 - 1,479 Acres
rml7m'<'N,CHOLS
Feet
0 500 11000 2,000 3,000
After recording return to:
Jennifer Walters
City Secretary
215 E. McK-,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 Jack Donald Cole ("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 46.00 acres of land, more or less, situated in the William Bryan Survey, Abstract
No. 148, Denton County, Texas, and more fully described in that certain Special
Warranty Deed dated January 4, 1994 from Phillip Hale Cole and Wife, Margaret Cole;
Jack Donald Cole and wife, Nancy Jane Cole; and Cynthia Lou Cole to Phillip Hale Cole,
Jack Donald Cole and Cynthia Cole, filed for record on January 10, 1994 and recorded in
Instrument Number 94-R0002455 of the Real Property Records 'of Denton County,
Texas. Said 46.00 acres of land, more or less, is commonly known as DCAD Property ID
No. 3 6649,
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 tern'i 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
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 Regqlations. 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. Intemational Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local amendments.
j. National Electric Safety Code, 2003 Edition, with regional
amendments-,
k. Minimum housing and building standards, Denton Code §§28-383
— 437 and § § 17-141 — 210, as amended and as applicable;
1. Irrigation Standards, Denton Code §§28-441 — 457; and
M. Moving Buildings, Denton Code §§28-326 — 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 sub chapter 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 law, from the submittal of such inconsistent development
application. The owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Voluntary Annexation.
(A) If an owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of
land as may then exist. owners expressly and irrevocably consent to annexation of the Property
under such circumstances. owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, Tx 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Seyerabiity. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the lave 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 "Tenn"). The Effective Date of the Agreement
shall be the date the Agreement is executed by the City. The Term may be extended upon
mutual agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
The Parties hereto have executed this a
THE CITY OF DENTON, TEXAS
By:
City anager, beputy City Manager, or
Designated Representative
THE STATE of TEXAS
COUNTY OF DENTON
This instrument was aclaiowledged before me on the C�\ I day o
2010, by Jack Donald Cole.
"NO FE
state of ex
My Commission Expires
February 19, 2013
Virtue►►'
Notary Public, State of as
5
THE STATE OF TEXAS
COUNTY OF D ENTON
'QA
This instr ment was ekn w dged before 'on the day 20 b
y �
City Mana r/Deputy City Mana er/-- s rated
Representa ve, on behal of the City of Denton, Texas.
APPROVED AS TO LEGAL F4,
ANITA BURGESS-, CITY ATTO
o ry a lic�)llteoTexas
6
After recording return tc
Jennifer Walters
City Secretary
215 E. McKinney
Denton.,, TX 76201
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
NON -ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and
between the City of Denton, Texas (the "City") and Larry A. and Shirley N. Green ("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 Tract 21, Little Brook Estates, an Addition to Denton County, Texas, according to
the snap or plat thereof recorded in Volume 489, Page 273 of the Real Property Records
of Denton County, Texas, containing 14.947 acres of land, more or less, situated in the
James Haney Survey, Abstract No. 515, Denton County, Texas, more fully described in
that certain warranty Deed with Vendor's Lien dated August 6, 1997 from Jimmy T.
Simpson and Waunzita Simpson to Lary A. Green and Shirley N. Green, filed for record
on August 13, 1997 and recorded in histrument Number 97-R0055506 of the Real
Property Records of Denton County, Texas. Said Tract 21, Little Brook Estates, is
conmionly known as DCAD Propero� ID 61103.
WHEREAS, the City has given notice of its intent to institute annexation proceedings for
the Property in accordance with Tex. Loc. Gov't Code ch. 43; and
WHEREAS, owners desire that the Property remain in the City's extraterritorial
Jurisdiction ("ETF) for the term of this Agreement;
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, OWNERS represent that it is their intention not to develop the Property
during the term of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for
purposes of retaining land in the municipality's ETJ in exchange for the property owner's
covenant not to develop the property and to authorize the municipality to apply development
regulations not inconsistent with agricultural use; and
WHEREAS, 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 teem 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 andi
activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't
Code section 212.172(b).
Section 3. GoveimingRegulations. 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:
0
a. International Building Code, 2006 Edition with local amendments;
b. International Residential Code, 2006 Edition with Appendix G and
local amendments;
C. The International Fire Code, 2006 Edition with local amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. hiter national 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. Irigation 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 sub chapters 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
Q
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
pen-nanent 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 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 reement 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 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.
11
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. The initial term of this Agreement shall be for a period
of five (5) years from the Effective Date (the "Term"). The Effective Date of the Agreement
shall be the date the Agreement is executed by the City. The Term may be extended upon
mutual agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
The Parties hereto have executed this agreement as of 2010.-'
Owners
1
x
Larry A. g9efi
y
ShirleyN. Gre n
THE CITY OF DENTON, TEXAS
By.
City Manag6r, Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
A
This instrument was acknowledged before one on the ��a � � 2010
� Y of � s
by Lamy A. Green. `
THE STATE OF TEXAS
COUNTY OF DENTON
Notary Public, State of exas
3136)113,
This instrument was acknowledged before me on the �day of 2010
by Shirley N. Green.
lie,
Notary Public, State of TAas
THE STATE OF TEXAS
COUNTY OF DENTON
This instr ent was a lm wl dged before y he- day o0aV ,20bby
"(7 _ Man er/Deputy City Manag r/Designateci
Representa6X, on behalf -of the City of Denton, Texas.
¢
M
WATEpS
Notary a ry public, State of Texas
����., ,. � .��•� MY COMMisslon Expires
APPROVED AS TO LEGALYFORNL;,,,
ANITA BURGESS, CITY ATTORNE
m:
G
tary Pub ,State of Texas
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
NON -ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by
and between the City of Denton, Texas (the "City") and Richard A. Harris, Jr.
("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 2.5885 acre tract of land, situated in the B.B.B. & C.R.R. Company
Survey, Abstract No. 141, Denton County, Texas. Said 2.5885 acre tract of land
being that portion lying within the borders of the B.B.B. & C.R.R. Company
Survey, Abstract No. 141 and outside the city limits, of a called 13.071 acre tract
of land described in warranty Deed dated February 23, 1993 from Robert W.
Harris to Richard A. Harris, Jr., filed for record on July 2, 1993 and recorded in
Instrument Number 93-R0043111 of the Real Property Records of Denton
County, Texas. Said 2.5885 acre tract of land, more or less, is commonly known
as D CAD Property ID 168119.
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 aclalowledge that this Agreement between
them is binding upon the City and the owners and their respective successors and assigns
for the term of the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23 . C, D, or E; and
WHEREAS, OWNERS represent that it is their intention not to develop the
Property during the term of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner
and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section
212.172 for purposes of retaining land in the municipality's ETJ in exchange for the
property owner's covenant not to develop the property and to authorize the municipality
to apply development regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized
under Tex. Loc. Gov't Code section 43.03 5; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of
Denton County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows-,
Section 1. Continuation of ETJ Status. The City guarantees the continuation of
the extratenitori al status of the Property and agrees not to annex the Property for the terra
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 Goveriu+nents 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
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. Minim -Lim 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
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
subchapters 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
43
(7) Gas well platting, drilling and production standards, as contained in
§35.16.19 and sub chapter 22 of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first occurs. The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for the Property during such period if such
application or plan is inconsistent with the Development Plan. The owners expressly
waive any vested rights that might otherwise arise under local or state law, or by common
law, from the submittal of such inconsistent development application. The owners
further agree that no use commenced or completed on the Property that is inconsistent
with the development plan shall be considered established or in existence prior to the
expiration of the 180-day period during which. the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part• Voluntar Annexation.
(A) If an owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the
Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall
thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to
Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary
annexation of land as may then exist. owners expressly and irrevocably consent to
annexation of the Property under such circumstances. owners further agree that such
annexation by the City shall be deemed voluntary, and not subject to the requirements
and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section
43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the
Property shall, prior to such sale or conveyance, give 30 days written notice of this
Agreement to the prospective purchaser or grantee. A copy of the notice shall be
forwarded to the City at the following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, Tx 76201
Section 7. Recor dingy. This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas.
Section 8. S ever ability. Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change... in Law. No subsequent change in the law regarding
amzexation 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
Owners
'chard A. Harris, Jr.
5
TILE CITY OF DENTON, TEXAS
By:
City Manager, Deputy City Manager, or
Designated Representative
COUNTY OF DENTON I
This instrument was aclmowledged before me on the day of February, 2010, by
Richard A. Harris, Jr.
C1.E9J MOt4S
►,,,, SY�PHAuI Saio o texas
.,`•�`'"` : Notary Public, - n expiros
-'�`y Gommissio 2013
r
Tuoty
to *Vz
,to Feb
1 .
THE STATE OF TEXAS
COUNTY OF DENTON
t1--1
This ins u ent was ac wledged bef
� 200 by A9JR
anager puty City Manager/Designated
JENNI ER K. WALTERS
Notary public, State of Texas
My Cornr'rfiaalon Expires
,.. ANITA BURGESS. CITY. AT.TOR-.-.NEY
f..
4•
Notary P blic, State of Texas
e on th � `-' day ---off
epresentative,' on behalf of the City of Denf
of y ublic, t to of Texas
After recording return to
Jennifer Walters
City Secretary
215 E. McKinney
Denton, Tx 76201 CHAPTER. 212 TEXAS LOCAL GOVERNMENT CODE
NON -ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by
and between the City of Denton, Texas (the "City") and Richard A. Harris, Jr. and Robert
W. Harris, Individually and as Independent Co -Executors of the Estate of Cornelia
Catherine Hargis ("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 17.79 acre tract of land, more or less, situated in the B.B.B. &
C.R.R. Company Survey, Abstract No. 141, Denton County, Texas. Said 17.79
acre tract being that portion lying within the borders of the B .B . B . & C.R.R.
Company Survey, Abstract No. 141 and outside the city limits, of a called 42 acre
tract of land described in that Special warranty Deed dated November 24, 1997
from Richard A. Harris, Jr. and Robert Woodson Harris to Cornelia C. Harris,
filed for record on December 5, 1997 and recorded in Instrument Number 97--
R0085337 of the Real Property Records of Denton County, Texas. Said 17.79
acre tract of land, more or less, is commonly known as DCAD Property ID
131807.
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 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 tell 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:
2
a. International Building Code, 2006 Edition with local
amendments;
b. International Residential Code, 2006 Edition with
Appendix G and local amendments;
C. The International Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments,
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
§§28-383 — 437 and §§17-141 — 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 — 457; and
M. Moving Buildings, Denton Code §§28-326 — 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
(5) Applicable water and wastewater connection, construction and on -site
operation requirements, contained within Chapter 26 of the Denton
Code of Ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton water and Wastewater Criteria Manual,
as amended, and as supplemented by the Texas water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 30 of the Denton Code, as amended, and
subchapters 17 through 19 of the DDC, as amended, the Denton
Drainage Criteria Manual, as amended, and as supplemented by
requirements of the Texas water Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards of
the Texas Commission on Environmental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
91
(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 Conn -mission and Texas Commission on Environmental
(duality, as amended.
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first occurs. The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for the Property during such period if such
application or plan is inconsistent with the Development Plan. The Owners expressly
waive any vested rights that might otherwise arise under local or state law, or by common
law, from the submittal of such inconsistent development application. The owners
further agree that no use commenced or completed on the Property that is inconsistent
with the development plan shall be considered established or in existence prior to the
expiration of the 180-day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Voluntary Annexation.
(A) If an owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the
Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall
thereupon become null and void.
(B) Thereafter the City may initiate anmexation 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 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. Severabilit . Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
in.sti-Liment.
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 � /�)
R
THE CITY OF DENTON, TEXAS
By•
City Manager, Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON } 1_
This instrument was acknowledged before me on the � �t day of February, 2010, by
Richard A. Harris, Jr..
p�t1lE {.Yiof -Vexa$
� CLEAR Qt4S
H State
rr� t�tatarY Publc, , Expries
�.' MY Commis
rE 'T eb' Notary Ablic, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was aclmowledged before nee on the day of February, 2010, by
Robert W . Harris.
,ti• we;'A� ".,f STEPHANIE LYNN CLLMMpNS
�_� . •:ram= Notary Public, State of Texas
Commission P
My Co l .
►F� .
Notary Pu lic, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was aelmo dged befog me on th i day of
3'
,Z0 by City
Manager/Deputy City Manager/Designated epresentativ , on behalf of the City of Denton,
Texas.
JENNIFER K, WALTEPS
Notgrry public, Statq of Texas
ba� My CO"M0010t' Expires
APPROVED AS TO LEGAL FORM:
51
o ry Pu c, State of Texas
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
NON -ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by
and between the City of Denton, Texas (the "City") and Richard A. Harris, Jr. and Robert
W. Harris, Individually and as Independent Co -Executors of the Estate of Comelia
Catherine Harris ("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 32.094 acre tract of land, more or less, situated in the B.B.B. &
C.R.R. Company Survey, Abstract No. 141, Denton County, Texas. Said 32.094
acre tract being that portion lying Within the borders of the B.B.B. & C.R.R.
Company Survey, Abstract No. 141 and outside the city limits, of a called
129.507 acre tract described in Tract one of that certain Special Warranty Deed
dated November 24, 1997 from Cornelia C. Harris to Robert Woodson Harris,
filed for record on December 5, 1997 and recorded in Instrument Number 97--
R0085336 of the Real Property Records of Denton County, Texas. Said 32.094
acre tract of land, more or less, is commonly known as DC14D Property Ili 38082.
SANE & EXCEPT; That portion of a called 42 acre tract of land that lies
within the borders of the B.B.B. & C.R.R. Survey, Abstract No. 141,
described in that Special Warranty Deed dated November 24, 1997 from
Richard A. Harris, Jr, and Robert Woodson Harris to Cornelia C. Harris,
filed for record on December 5, 1997 and recorded in Instrument Number
97-R0085337 of the Real Property Records of Denton County, Texas.
WHEREAS, the City has given notice of its intent to institute annexation
proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and
WHEREAS, owners desire that the Property remain in the City's extraterritorial
jurisdiction ("ETP) for the term of this Agre ennent;
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
0)
Council of Governments Standard Specifications for Public Works
Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual);
(3) Denton building codes, as contained within Denton Code Chapters 17,
28 and 29, and DDC Subchapter 24, adopting;
a. International Building Code, 2006 Edition with local
amendments;
b. International Residential Code, 2006 Edition With
Appendix G and local amendments;
C. The International Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Property
Maintenance Code, as amended,-
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments.
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
§§28-383 — 437 and §§17-141 --- 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 — 457; and
M. Moving Buildings, Denton Code §§28-326 — 375;
(4) Sign regulations, as contained Within Subchapter 15 of the DDC, as
amended;
(5) Applicable water and wastewater connection, constniction 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 sub chapter 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 pennanent 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 C-1, or other such other. provisions governing I voluntary
anmexation 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 aiuzexation 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:
M
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. Seve-ability. h-ivalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
instrument.
Section 13. Taro and Extension. The initial term of this Agreement shall be for a
period of five (5) years from the Effective Date (the "Tenn"), The Effective Date of the
Agreement shall be the date the Agreement is executed by the City. The Tenn may be
extended upon mutual agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall
survive termination of this Agreement, together with any other provisions, as may be
necessary for the implementation of those sections.
1. �/ q
The Parties hereto have executed this agreement as of
Owners
r
tj
Ric •d A. arrl s, Jr '
Robert W. Farris
Wi
THE CITY OF DENTON, TEXAS
By:
City Manage , Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON I
This instrument was acknowledged before me on the day of February, 2010, by
Richard A. Harris, Jr.
,�•'►`r �i;►+. slEPHANIE LYNN Ci.EMMQNS
Public, State of Texas
t _ Notary
My Commission Expices . . . . . .
2013
FebtUCITY
Notary Aiblic, State o exas
THE STATE OF TEXAS 1
COUNTY OF DENTON
This instrument was acknowledged before me on the day of February, 2010, by
Robert W . Harris.
k►klfl►
��.lFPrruy'•,, SIEPHANIE LYNN CLEMMONS
���'•• Notary Public, State of Texas
r4„ My Commission Expires
Notary AbIic, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON }
This ins nt was ackno7,14,
ed bef7e"eon the20� , by ��� City an er/Deputy Ci
Manager/Des
�4'• •►,ire ~+ Notary public, State of Texas
; �cM My Commission Expires
PR VD AS TO LEGAL FORM:
A
m
;aryPu'1IV,tateof_T'exa%`s(__'X
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
NON -ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by
and between the City of Denton, Texas (the "City") and Richard A. Harris, Jr. and Robert
W . Harris, h-idividua ly and as Independent Co -Executors of the Estate of Cornelia
Catherine Harris ("Owners"), the property owners of the hereinafter described property
(the "Property") in Denton County, Texas, sometimes individually or collectively
referred to as "Party" or "Pat -ties":
Being a called 23.42 acre tract of land, more or less, situated in the R. Whitlock
Survey, Abstract No. 1403, Denton County, Texas, and being that portion lying
within the borders of the R. Whitlock Survey, Abstract No. 1403, of a called 42
acre tract of land described in that Special Warranty Deed dated November 24,
1997 from Richard A. Harris, Jr. and Robert Woodson Harris to Cornelia C.
Harris, filed for record on December 5, 1997 and recorded in Instrument Number
97-R0085337 of the Real Property Records of Denton County, Texas. Said 23.42
acre tract of land, more or less, is commonly known as DCAD Property ID
131799.
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 aclalowledge that this Agreement between
them is binding upon the City and the Owners and their respective successors and assigns
for the term of the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23. C, D, or E; and
WHEREAS, OWNERS represent that it is their intention not to develop the
Property during the term of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner
and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section
212.172 for purposes of retaining land in the municipality's ETJ in exchange for the
property owner's covenant not to develop the property and to authorize the municipality
to apply development regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized
under Tex. Loc. Gov't Code section 43.03 5; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of
Denton County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the terns
of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed
upon by the Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the
Property for the term of this Agreement and any extensions agreed to by the Parties shall
be limited to farm --related and ranch --related uses and customary accessory uses, and
single-family detached farm or ranch dwellings, provided that no single-family dwelling
may be located or constructed on a lot smaller than five (5) acres. The property owner
may apply to the City for division of the land subject to this Agreement into parcels, each
of which is at least five (5) acres in size, for the purposes set forth in this section without
being in violation of this Agreement. Such uses and activities constitute the development
plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governing 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 (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;
V
b. International Residential Code, 2006 Edition with
Appendix G and local amendments;
G. The International Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments,
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
§§28-383 — 437 and §§17-141 — 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 — 457; and
M. Moving Buildings, Denton Code §§28-326 — 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
(5) Applicable water and wastewater connection, construction and on -site
operation requirements, contained within Chapter 26 of the Denton
Code of ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton water and wastewater Criteria Manual,
as amended, and as supplemented by the Texas water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 30 of the Denton Code, as amended, and
subchapters 17 through 19 of the DDC, as amended, the Denton
Drainage Criteria Manual, as amended, and as supplemented by
requirements of the Texas water Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards of
the Texas Commission on Environmental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
3
(7) Gas Well platting, drilling and production standards, as contained in
§35.16.19 and sub chapter 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 Con2mission 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 night 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 Voluntar Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the
Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall
thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to
Tex. Loc. Gov't Code subchapter C-1, or other such other- provisions governing voluntary
annexation of land as may then exist. Owners expressly and irrevocably consent to
annexation of the Property under such circumstances. Owners further agree that such
annexation by the City shall be deemed voluntary, and not subject to the requirements
and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section
43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the
Property shall, prior to such sale or conveyance, give 30 days written notice of this
Agreement to the prospective purchaser or grantee. A copy of the notice shall be
forwarded to the City at the following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, Tx 76201
Section 7. Recording. This Agreement is to nun with the Property and be recorded
in the real property records, Denton County, Texas.
Section 8. S everabilit . Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to armex
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
instnunent.
Section 13. Tenn 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.
r
The Parties hereto have executed this agreement as of ;:2
5
THE CITY OF DENTON, TEXAS
By■
City anag r, Deputy City anager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON } ��
This instrument was acknowledged before me on the ay of February, 2010, by
Richard A. Harris, Jr..
,,"„"►► STEPHANIE LyNN Cf LEMONS
�, Notary Public. State of Tex*$
My Commission Expires
It
febtUaly 19, 2013
THE STATE OF TEXAS
COUNTY OF DENTON
Yvt'lly
Notary Pu ic, State of Texas
This instrument was acknowledged before me on the day of February, 2010, by
Robert W. Harris. 1F
1 tiril ir.'1. fl[]ic3i r ,t3CG'- r. � ��4ytCfc'15
2013
Ualy
'0''` Notary liblic, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This ins nt was aclmo ledged be ore one on the
20 by anager puty City
Ma gerlDesignated Repr entative, on t&alf of the City of Denton, Texas.
JENNIFER K. WALTERS V-S
Notary �'ubli,tat Texasary Purltate of Texas
D000mber
My Commlssion Expires
After recording return to
Jennifer Walters
City Secretary lmiscellaneous1141annexationslharris paa2 south, line 37 east.doe
215 E. McKinney
Denton, TX 75201
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 Richard A. Harris, Jr. and Robert
W. Harris, Individually and as Independent Co -Executors of the Estate of Cornelia
Catherine Harris ("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 37.3243 acres of land, more or less, situated in the R. Whitlock Survey,
Abstract No. 1403, Denton County, Texas, and being that portion lying within
the borders of the R. Whitlock Survey, Abstract No. 1403, of a called 129.507
acre tract described in the First Tract of that certain warranty Deed dated
January 21, 1980 from Richard A. Harris to Cornelia C. Harris, filed for record
on February 5, 1980 and recorded in Volume 999, Page 464 of the Real Property
Records of Denton County, Texas. Said 37.3243 acres of land, more or less,
being that portion lying East of the railroad of DCA..D Property ID 39147.
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 Agreements
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
sAour documentslmiscellaneousll Dlannexationslharris paa2 south, line 37 east.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. 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;
0)
sAour documentsVniscellaneous\10\annexationslharris paa2 south, line 37 east.doc
b. International Residential Code, 2006 Edition with
Appendix G and local amendments;
C. The International Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments.
J. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
§§28-383 — 437 and §§17-141 — 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 — 457; and
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
3
sAour documents\miscellaneous\IO\annexations\harris paa2 south, line 37 east.doc
(7) Gas well platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22 of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first occurs, The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for the Property during such period if such
application or plan is inconsistent with the Development Plan. The owners expressly
waive any vested rights that might otherwise arise under local or state law, or by common
law, from the submittal of such inconsistent development application. The owners
further agree that no use commenced or completed on the Property that is inconsistent
with the development plan shall be considered established or in existence prior to the
expiration of the 180-day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; 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 sub 6 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
A.TTN: Director of Planning and Development
221 N. Elm Street
Denton, Tx 76201
['
sAour documentslmiscellaneousll Dlannexationslharris paa2 south, line 37 east.doc
Section 7. Recording. This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas.
Section 8. S everabilily. Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the lave 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
01
instrument.
Section 13. Term and Extension. The initial term of this Agreement shall be for a
period of five (5) years from. the Effective Date (the "Term"). The Effective Date of the
Agreement shall be the date the Agreement is executed by the City. The Term may be
extended upon mutual agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall
survive termination of this Agreement, together with any other provisions, as may be
necessary for the implementation of those sections.
The Parties hereto have executed this agreement as of
Owners
r
r
chard A. Ha is, Jr
Robert W. Harris
s:\our documents\miscellaneous\10\annexations\harris paa2 south, line 37 east.doc
THE CITY OF DENTON, TEXAS
By:
City Manag , Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON }
This instrument was acknowledged before me on the day of February, 2010, by
Richard A. Harris, Jr.
Notary Public, State of Texas
COUNTY OF DENTON
This instrument was acknowledged before me on the day of February, 2010, by
Robert W. Harris.
CH RI TINE A. DID
Notary Publlc State of Tex
MY Cd1IMISSION EXPIRES
o �.+ Marah 2, Zoi 3
THE STATE OF TEXAS I
COUNTY OF DENTON
A4 f
Notary Public, State of Texas
go
Thi's instrument was ackno l ged before m on the day of
�. ,20k) by City
........ .. .. . .
Manager eputy City Manager/Designated presentative, on behalf of the City of Denton,
Texas.
�a� a y ��'r�r JENNIFER K. WALTERS
,lt,4 4`• r''r�' Notary Public, State of Texas
:>
My Commisslon Expires otar Pub State of Texas
y a
APPROVED AS TO LEGAL FORM:
ANITA BURGESS; CITY 'R':__N_'__'_EY-_,_�)
r�
2
After recording return to
Jennifer Waltersalmiscellaneousllalannexationslharris paa2 south line 37 west,doe
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 Richard A. Harris, Jr. and Robert
W. Farris, Individually and as Independent Co -Executors of the Estate of Cornelia
Catherine Harris ("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 21.8257 acre tract of land, more or less, situated in the R. Whitlock
Survey, Abstract No. 1403, Denton County, Texas, more fully described in the
Second Tract of that certain Warranty Deed dated January 21, 1980 from
Richard A. Harris to Cornelia C. Harris, fled for record on February 5, 1980 and
recorded in Volume 999, Page 464 of the Real Property Records of Denton
County, Texas. Said 21.8257 acre tract of land, more or less, being that portion
lying Nest of the railroad of DCAD Property ID 39147.
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 documentslmiseellancousl14lannexationslharris paa2 south, line 37 west.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.overr ing 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 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. International Residential Code, 2006 Edition with
Appendix G and local amendments;
N
sAour documents\miscellaneousl101annexationslharris paa2 south, line 37 west.doc
C. The International Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition With local
amendments;
C. International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments.
j . National Electric Safety Code, 2003 Edition, with regional
amendments;
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
3
sAour documents\miscellaneous\10\annexations\harris paa2 south, line 37 west.doc
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
Section 4. Development Plan to ., _,. Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first occurs. The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for the Property during such period if such
application or plan is inconsistent with the Development Plan. The owners expressly
waive any vested rights that might otherwise arise under local or state law, or by common
law, from the submittal of such inconsistent development application. The owners
further agree that no use commenced or completed on the Property that is inconsistent
with the development plan shall be considered established or in existence prior to the
expiration of the 180-day period during which the Development Plan is in effect.
Section 5. Voluntary Annexation.
Agreement DeemedVol in ,Part,Von.
_
(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.
r�
sAour documentslrniscellaneous\I4lannexationslharris paa2 south, line 37 west. doc
Section S. S eve rability. Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies, This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
instrument.
Section 13. Term and Extension. The initial term of this Agreement shall be for a
period of five (5) years from the Effective Date (the "Term"). The Effective Date of the
Agreement shall be the date the Agreement is executed by the City. The Term may be
extended upon mutual agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall
survive termination of this Agreement, together with any other provisions, as may be
necessary for the implementation of those sections.
The Parties hereto have executed this agreement as of
Owners
A
P
d A. karris, Jr
Robert W. Harris
5
sAour documents\miscell aneous\1 O\annexations\h arri s paa2 south, line 37 west.doc
THE STATE of TEXAS
CHRISTINE ko DICK
Notary Public State of Tex"
11 , MY COK4MISSION EXPiNE '�
�'r� or ��} March 2, 2013
•r
TIFF, STATE of TEXAS
COUNTY of DENTON
THE CITY of DENTON, TEXAS
By:
City Manager, Deputy City Manager, or
Designated Representative
Notary Public, State of Texas
This instrument was ackn d ed beforij,
on the_ ,2p� by r�.,.�City
Manager puty City Manager/Designated epresentative, o behalf of the City of Denton,
ti++ p- ___ - - __ ' . . '
� Y P �
Notary Public, State of TexasA�,AA J
F, �, lily Commission Expires
`.` Doc mbor 1 �, 2010 of ry Pubi c,�Oe of Texas
.111 ILA
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, GITYA �NEY
After recording return W
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
NON -ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by
and between the City of Denton, Texas (the "City") and Richard A. Harris, Jr. and Robert
W. Harris ("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 31.2352 acre tract of land, more or less, situated in the B.B.B. &
C.R.R. Company Survey, Abstract No. 141, Denton County, Texas. Said 31.2352
acre tract being that portion lying within the borders of the B.B.B. & C.R.R.
Company Survey, Abstract No. 141 and outside of the city limits, of a called
96.5969 acre tract of land described in Tract Two of that certain Warranty Deed
dated February 23, 1993 from Richard A. Harris, Jr. and Robert W. Harris, Co -
Independent Executors of the Estate of Richard A. Harris, Deceased to Richard A.
Harris, Jr., Individually and Robert W. Harris, Individually, filed for record on
July 2, 1993 and recorded in Instrument Number 93--R0043110 of the Real
Property Records of Denton County, Texas. Said 31.2352 acre tract of land, more
or less, is commonly known as D CAD Property ID� 36979.
SAVE & EXCEPT: A portion of a called 13.071 acre tract of land,
situated in the B.B.B. & C.R.R. Company Survey, Abstract No. 141 and
the N. Wade Survey, Abstract No. 1407, Denton County, Texas, and being
more fully described in that certain Warranty Deed dated February 23,
1993 fiom Robert W. Harris to Richard A. Harris, Jr., filed for record on
July 2, 1993 and recorded in Instrument Number 93-R0043111 of the Real
Property Records of Denton County, Texas.
SAVE & EXCEPT: A portion of a called 7.937 acre tract of land, situated
in the B.B.B. & C.R.R. Company Survey, Abstract No. 141 and the N.
Wade Survey, Abstract No. 1407, Denton County, Texas, and being more
fully described in that certain Warranty Deed dated February 23, 1993
from Richard A. Harris, Jr. to Robert W. Harris, filed for record on July 2,
1993 and recorded in Instrument Number 93--R0043112 of the Real
Property Records of Denton County, Texas.
WHEREAS, the City has given notice of its intent to institute annexation
proceedings for the Property in accordance With Tex. Loc. Gov't Code ch. 43; and
WHEREAS, owners desire that the Property remain in the City's extraterritorial
jurisdiction C'ETJ") for the term of this Agreement;
WHEREAS, Owners and the City aclmowledge 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:
2
(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;
e. International Fuel Gas Code, 2006 Edition with local
amendments',
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments.
j . National. Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
§§28-383 ----- 437 and §§17441 — 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 — 457; and
In. Moving Buildings, Denton Code §§28-326 — 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
3
(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 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 Conurnlsslon 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
almexation 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.
!I
(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 nin with the Property and be recorded
in the real property records, Denton County, Texas.
Section 8. S eyerability. Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change. in ,Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the 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 Terra may be
extended upon mutual agreement of the Parties.
5
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 implenientation of those sections.
The Parties hereto have executed this agreement as of cg � U
Owners
i
... V
Richard A. Harris, Jr
Robert W. Harris
THE CITY OF DENTON, TEXAS
By:
City Manager, Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS I
COUNTY OF DENTON I
This instrument was acknowledged before me on the 15th day of January, 2010, by
Richard A. Harris, Jr.
1 Av�h' SZEPHANIE lyNt4 CLEMMQNS
,o�-,s Notary public, State ofTexes
my Commission Expires
s- sitiE; February 19. 2U13
►►
THE STATE OF TEXAS I
COUNTY OF DENTON I
:)ao
Notaryhwil ��_
Public, State of Texas
This instrument was acknowledged before me on the 15 day of January, 2010, by Robert
W. Harris.
•��'er+�ii''�•. SiEPHANIE I.YNN CI IMQN
�;:•• �•gr,�;, t]IiC,
Nly Coma State of Texas Notary blic, State of exa
.': Notary o zissio� Expires
February 19, 2013
�'�hirii►►►��
6
THE STATE OF TEXAS
COUNTY OF DENTON
This ins ent was aclrn wledged More meon the
20105 by City Mana er/Deputy C'ty
Manager/Designated Repr ntative, on ehalf of the City of Dento ,
yJENNIFER K. WALTERS
Notary public, State of Texas
M
ll�{y ar�r yllasicn Ex itVEI LrF RM:
■
7
After recording return to
Jennifer Walters
City Secretary niscell aneous1141annexationslharris paa2 south, line 38 west.doc
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 Richard A. Barris, Jr. and Robert
W. Harris, Individually and as Independent Co -Executors of the Estate of Cornelia
Catherine Harris ("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 33.4035 acres of land, more or less, situated in the R. Whitlock Survey,
Abstract No. 1403, Denton County, Texas, and being more fully described in
Tract one of that certain warranty Deed dated February 23, 1993 from Richard
A. Harris, Jr. and Robert W. Harris, Co -Independent Executors of the Estate of
Richard A. Harris, Deceased to Richard A. Harris, Jr., Individually and Robert
W. Harris, Individually, filed for record on July 2, 1993 and recorded in
Instrument Number 93-R0043110 of the Real Property Records of Denton
County, Texas. Said 33.4035 acres of land, more or less, being that portion
lying West of the railroad of DCAD Property ID 39150.
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 Agreements
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 team 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
sAour documents\miscellaneousl10lannexationslharris paa2 south, line 38 west.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. Governin��Regulations. The following City regulations shall apply to
any development of the Property, as may be amended from time to time, provided that
the application of such regulations does not result in interference with the use of the land
for agricultural, wildlife management or forestry purposes and does not prevent the
continuation of a use established prior to the effective date of this Agreement and which
remains lawful at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code
("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as
amended, including but not limited to the (RD-5) Zoning District
regulations, and standards incorporated therein
(2) The subdivision and development regulations contained within the
Denton Development Code, as amended, together with applicable
Design Criteria Manuals (including construction, drainage, site design,
solid waste, transportation, tree protection standards, and
water/wastewater), Denton Mobility Plan and other approved Master
Plans of the City of Denton, Texas, and the North Central Texas
Council of Governments Standard Specifications for Public works
Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual);
(3) Denton building codes, as contained within Denton Code Chapters 17,
28 and 29, and DDC Subchapter 24, adopting:
a. International Building Code, 2006 Edition with local
amendments;
0)
sAour documents\miscellaneousl10lannexationslharris paa2 south, line 38 west.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;
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;
1. National Electric Code, 2005 Edition with local
amendments.
j . National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
§§28-383 — 437 and §§17441 -- 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 — 45 7; and
rn. 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
sAour documents\miscellaneousl10la.nnexationslharris paa2 south, line 38 west.doe
(7) Gas Well platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22 of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first occurs. The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for the Property during such period if such
application or plan is inconsistent with the Development Plan. The Owners expressly
waive any vested rights that might otherwise arise under local or state law, or by common
law, from the submittal of such inconsistent development application. The Owners
further agree that no use commenced or completed on the Property that is inconsistent
with the development plan shall be considered established or in existence prior to the
expiration of the 180-day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the
Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall
thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to
Tex. Loc. Gov't Code subchapter C--1, or other such other provisions governing voluntary
annexation of land as may then exist. Owners expressly and irrevocably consent to
annexation of the Property under such circumstances. owners further agree that such
annexation by the City shall be deemed voluntary, and not sub ect to the requirements
and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section
43.052, or successor statute.
Section 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
ATTNN: Director of Planning and Development
221 N. Elm Street
Denton, Tx 76201
sAour documents\miscellaneous\10\annexationslharris paa2 south, line 38 west.doc
Section 7. Recordi. This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Chan e in Later. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
instrument.
Section 13. Term and Extension. The initial term of this Agreement shall be for a
period of five (5) years from the Effective Date (the "Term"). The Effective Date of the
Agreement shall be the date the Agreement is executed by the City. The Tenn may be
extended upon mutual agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall
survive termination of this Agreement, together with any other provisions, as may be
necessary for the implementation of those sections.
The Parties hereto have executed this agreement as of (7 / It1l)
Owners
NI
Richard A. Farris, Jr
Robert W. Harris
sAour documents\miscellaneous1141annexationslharris paa2 south, line 38 west.doc
THE CITY OF DENTON, TEXAS
By:
City Manage ,Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
3
A
(/
Notary Public, State of Texas
COUNTY of DENTON
This instrument was ackno e ed before eon the � da of
4u,2� by � ity
0 �L
ana e u i g p ty C ty M anager/Designated R rasantative, n behalf of the City of lenton,
Y P rir JENNIFER K. WALTERS
Notary public, State of Texas
,4 my Commission Expires
APPROVED AS To LEGAL FORM:
6
'o
o y Public to of Texas
After recording return to
Jennifer Walters
City Secretary slmiscellaneous1101annexationslharris paa2 south, line 38 east.doe
215 E e McK.ilmey
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 Richard A. Harris, Jr. and Robert
W. Harris, Individually and as Independent Co -Executors of the Estate of Cornelia
Catherine Harris ("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 42.0965 acres of land, more or less, situated in the R. Whitlock Survey,
Abstract No. 1403, Denton County, Texas, and being that portion lying within
the borders of the R. Whitlock Survey, Abstract No. 1403, of a 96.5969 acre
tract of land, more or less, described in Tract Two of that certain warranty Deed
dated February 23, 1993 from Richard A. Harris, Jr. and Robert W. Harris, Co -
Independent Executors of the Estate of Richard A. Harris, Deceased to Richard
A. Harris, Jr., Individually and Robert W. Harris, Individually, filed for record
on July 2, 1993 and recorded in Instrument Number 93-R0043110 of the Real
Property Records of Denton County, Texas. Said 42.0965 acres of land, more or
less, being that portion lying East of the railroad of DC'AD property ID 39150.
WHEREAS, the City has given notice of its intent to institute annexation
proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and
WHEREAS, Owners desire that the Property remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this Agreement;
WHEREAS, Owners and the City acknowledge that this Agreement between
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
sAour documents\miscellaneous\IO\annexations\harris paa2 south, line 38 east.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. Goveming 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 DD C Subchapter 24, adopting-.
2
sAour documents\miscellaneous\10\annexationslharris paa2 south, line 38 east.doc
a. International Building Code, 2006 Edition with local
amendments;
b. International Residential Code, 2006 Edition with
Appendix G and local amendments,-
C. The International Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
1. National Electric Code, 2005 Edition with local
amendments.
j . National Electric Safety Code, 2003 Edition, with regional
amendments,
k. Minimum housing and building standards, Denton Code
§§28-383 — 437 and §§17-141 — 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 — 457; and
M. Moving Buildings, Denton Code §§28-326 — 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
(5) Applicable water and wastewater connection, construction and on -site
operation requirements, contained within Chapter 26 of the Denton
Code of ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton Water and wastewater Criteria Manual,
as amended, and as supplemented by the Texas water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 30 of the Denton Code, as amended, and
subchapters 17 through 19 of the DDC, as amended, the Denton
Drainage Criteria Manual, as amended, and as supplemented by
requirements of the Texas water Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards of
the Texas Commission on Environmental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
3
sAour documents) miscellaneous\1 Dlannexationslharris paa2 south, tine 38 east.doc
(7) bras Well platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22 of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first occurs. The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for the Property during such period if such
application or plan is inconsistent with the Development Plan. The Owners expressly
waive any vested rights that might otherwise arise under local or state law, or by common
law, from the submittal of such inconsistent development application. The owners
further agree that no use commenced or completed on the Property that is inconsistent
with the development plan shall be considered established or in existence prior to the
expiration of the 180-day period during which the Development Plan is in. effect.
Section 5. Agreement Deemed Void in Part, Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the
Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall
thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to
Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary
annexation of land as may then exist. Owners expressly and irrevocably consent to
annexation of the Property under such circumstances. owners further agree that such
annexation by the City shall be deemed voluntary, and not sub ect to the requirements
and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section
43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the
Property shall, prior to such sale or conveyance, give 30 days written notice of this
Agreement to the prospective purchaser or grantee. A copy of the notice shall be
forwarded to the City at the following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, Tx 76201
M
sAour documentslmiscellaneousll Qlannexationslharris paa2 south, line 38 east.doc
Section 7. Recording. This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas,
Section 8. S 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.
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 lave 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 Copes. 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 terra 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 21 q
Owners
Richard A. Ha is, Jr
5
Robert W. Harris
5
sAour documents\miscellaneousllONwmexationslharris paa2 south, line 38 east.doc
THE CITY OF DENTON, TEXAS
By.
City anager, Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON I
This instrument was acknowledged before me on the day of February, 2010, by
Richard A. Harris, Jr.
� 1
Notary Public, State of Texas
COUNTY OF DENTON
�r
This instrument was acknowledged before me on the day of February, 2010, by
Robert W. Harris.
�j
0:!
�
014RISiri � A. DID
Notary Pudic State Of Text
EXPIRES
MY c0�4MiSslot4
March 2, 2013OF
.
y
TIDE STATE OF TEXAS
COUNTY OF DENTON
Notary Public, State of Texas
This instrument was ackno 1 d ed before �e on the day
-o
,20 / by _city
Ma-D
nage eputy City Manager/Designated � epresentative, on behalf of the City of Denton,
T -a V.
ti►�� A[� Y hp r�ir
ts
Notary Public, State of Texas
�;, ,►�� My CoMMIssion Expires
APPROVED AS TO LEGAL FORM:
ANITA BURGE.$.S , CITY ATTORNEX
I
tary PubjR.,State of Texas
After recording return to
Jennifer Walters
City Secretary
215 E. McKinney
Denton, Tx 76201 CHAPTE
R 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 Robert W. Harris ("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 1.2763 acre tract of land, situated in the B.B.B. & C.R.R. Company
Survey, Abstract No. 141, Denton County, Texas. Said 1.2763 acre tract of land
being that portion lying within the borders of the B.B.B. & . C.R.R. Company
Survey, Abstract No. 141 and outside the city limits, of a called 7.937 acre tract of
land described in that warranty Deed dated February 23, 1993 from Richard A.
Harris, Jr. to Robert W. Harris, filed for record on July 2, 1993 and recorded in
Instrument Number 93-R0043112 of the Real Property Records of Denton
County, Texas. Said 1.2763 acre tract of land, more or less, is commonly known
as D CAD Property ID 168120.
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 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 43.035; 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 terns
of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed
upon by the Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the
Property for the 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
anzendinents;
b. International Residential Code, 2006 Edition with
Appendix G and local amendments;
N)
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
9. Code of Ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments.
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
§§28-383 — 437 and §§17-141 — 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 — 457; and
M. Moving Buildings, Denton Code §§28-326 — 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
(5) Applicable water and wastewater connection, construction and on -site
operation requirements, contained Within Chapter 26 of the Denton
Code of Ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton Water and Wastewater Criteria Manual,
as amended, and as supplemented by the Texas water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 30 of the Denton Code, as amended, and
subchapters 17 through 19 of the DDC, as amended, the Denton
Drainage Criteria Manual, as amended, and as supplemented by
requirements of the Texas Water Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards of
the Texas Commission on Environmental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
(7) Gas Well platting, drilling and production standards, as contained in
§35.16-19 and subchapter 22 of the Denton Development Code, as
amended and as applicable, and as supplemented by requirements of
3
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first occurs. The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for the Property during such period if such
application or plan is inconsistent with the Development Plan. The owners expressly
waive any vested rights that might otherwise arise under local or state law, or by common
law, from the submittal of such inconsistent development application. The owners
fiirthe- 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;Voluntar Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the
Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall
thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to
Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary
annexation of land as may then exist. Owners expressly and irrevocably consent to
annexation of the Property under such circumstances. owners further agree that such
annexation by the City shall be deemed voluntary, and not 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. Recordln. This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas.
M
Section 8. S.everability. h-ivalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4.
Section 11. venue. venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
instrument.
Section 13. Term and Extension. The initial tel-'li of this Agreement shall be for a
period of five (5) years from the Effective Date (the "Tenn"). The Effective Date of the
Agreement shall be the date the Agreement is executed by the City. The Term may be
extended upon mutual agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall
survive termination of this Agreement, together with any other provisions, as may be
necessary for the implementation of those sections.
The Parties hereto have executed this agreement as of C
Owners
.
Robert W. Harris
Wi
THE CITY OF DENTON, TEXAS
B62y•
le --P—
Ci y Manager, Deputy City Managers or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
H
This instrument was aclmowledged before me on the day of February, 2010, by
Robert W. Harris.
LE S
lexas
State of
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. MY Ge1►�mi� 19nDp 3
ebr=y
Notary Ablic, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This insnt was acicnAedged be rem o . the na
f20� by er eputy City
Manager/Designated Repr ntative, on be alf of the City of Denton, Texas.
k11''0151 r'ot//
p''=
JENNIFER K. WALTERS
"texas
A"�°'•
Notary Public, State of
�;•. :Fyti
My Cominission Expires
.,��f�; ;;��`
December 19, 2014
°;►
ANITA BURGESS, CITY ATTO
rdi
6
Vo ary Publ' State of Texas
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
NON -ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by
and between the City. of Denton, Texas* (the "City") and
John K a ry a u n i a r i� `owners" ), the property owners of the hereinafter described
property (the "Property") in Denton County, Texas, sometimes individual)y or
collectively referred to as "Party" or "Parties";
That property described in a deed to John Karyounor 0
ian-Which is recorded at
2 0 0 3 - 2 0 7 512 4voL, aof the Reed Records of Denton County, Texas, and
commonly Known as Tax Parcel No. 6 0 817 DEN , which is attached
hereto as Exhibit A, consisting of approximately acres of land.
/5 .5 8 4
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
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 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. DevelopmentPlan. 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 Specifi cations for Public Works
Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual);
(3) Denton building codes, as contained within Denton Code Chapters 17,
28 and 29, and DDC Subchapter 24, adopting:
a. International Building Code, 2006 Edition with local
amendments;
b. International Residential Code, 2006 Edition with
_Appendix G and local amendments;
C. The International Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
2
e. International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments.
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
§§28-383 — 437 and §§17-141 — 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 -- 457; and
rn. 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 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 S. Agreement Deemed Void in Part; Voluntary Annexation.
(A) If an owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the
Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall
thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to
Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary
annexation of land as may then exist. owners expressly and irrevocably consent to
annexation of the Property under such circumstances. owners further agree that such
annexation by the City shall be deemed voluntary, and not sub j ect to the requirements
and procedures for an 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
41
in the real property records, Denton County, Texas.
Section 8. Seyerability. Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
11
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 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. Tenn and Extension. The initial term of this Agreement shall be for a
period of five (5) years from the Effective Date (the "Term"). The Effective Date of the
Agreement shall be the date the Agreement is executed by the City. The Term may be
extended upon mutual agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall
survive termination of this Agreement, together with any other provisions, as may be
necessary for the implementation of those sections.
The Parties hereto have executed this agreement as of
THE STATE OF TEXAS I
COUNTY OF DENTON }
6�
Owners
John Karvouniaris
THE CITY OF DENTON, TEXAS
By:
City Manager, Deputy City Manager, or
Designated Representative
This instrument was acknowledged before me on the day of
20 , by
Notary Public, State of Texas
THE STATE OF TEXAS I
COUNTY OF DENTON I
This instrument was acknowledged before me on the day of
g Y s
20 /(), by JOHN KARVUUNIARI S .
OTARY PUBLIC
s�
`�]�ATE t F
i��i� C7t 11 n OF x0irc:. 11 �17-2�12
Notary Public, State of Tex
TIDE STATE OF TEAS
COUNTY OF DENTON }
This instrument was ac I" A-ll iml 1ledged before 4me on tie
520 by ,, 9j
City
Manager eputy City Manager esignated epresentative, on behalf of the City of Den -ton,
JEAdN"IR K. WALT
S Notary pUb1i�1�5
'•�", ...`�ti� My corntnl6, � to of 'rex�Xpiresas
otar Pu w` State of Texas
Y }
APPROVED AS TO.LEG.AI:�GF� y
ANITA BURGESS, CITY ATZO Y
on
70 2003
Recorded On: December 30, 2003
Parties: RILEY TONY A
To
Comment:
Warranty Deed 20.00
Total Recording: 20.00
Denton Cou'nty
Cynthia Mitchell Exhibit A
County Clerk
Denton, TX 76202
Instrument Number: 2003-207512
As
Warranty Deed
ExanIlned and Charged as Follows:
Billable Pages-., 4
Number of Pages: 4
THIS PAGE IS PART OF THE INSTRUMENT
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is Invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2003-207512
Receipt Number: 77625 CHICAGO TITLE INSURANCE COMPANY
Recorded Date/Time: December 30, 2003 02:1 5P WILL CALL
DALLAS TX 75201
User / Station: E McCorkle - Cash Station 2
THE STATE OF TEXAS
COUNTY OF DENTON)
I hereby certify that this Instrumant was FILED In the File Number sequence on the dateltime
printed horon, and was duly RECORDED In tho Oftlal Records of Denton County, Toxerp.
County Clerk
Denton County, Texas
GENERAL WARRANTY Y DEED
THE STATE OF TEXAS
KNOW All, MEN BY 'THESE PRESENTS:
COUNTY OF DENTON
That
[►'I'OfN }[A. RILEY, A MARRIED MAN WHO IS NOTE'; J�+f�'[l]NED 1� Y HIS
SPOUSE AS 1�1��.J 1'ti.JICrION OF THIS PROPERTY CONSTYM t'�. S HIS BUSINESS
OR RESIDENTIAL HOMESTEAD, hereinafter called Grantor(s) of the County of
DENTON State of Texas, for and in consideration of the sum of TEN AND NO 100
DOLLARS ($10.4e), cash and other good and valuable considerations to Grantors) in
hand paid by Grantee(s) hereinafter named, receipt of which is hereby acknowledged and
of the further Consideration of the execution and delivery by said Grantee(s) of that one
certain promissory note of even date herewith, in the principal sum of FIFE HUNDRET)
SEVENTY NINE THOUSAND FINE HUNDRED DOLLARS AND 00/00
($579,500,04) payable to the order of TONY A. RILEY hereinafter called Mortgagee, ill
installments as in said tote provided, bearing interest fronr date at the rate specified,
containing the usual previsions for attorney's fees; the said Mortgagee, at the special
instance and request of the Grantee(s) herein having advanced the sum of said rote as
part purchase price for the property herein conveyed, the. receipt of which is hereby
acknowledged, and the said Mortgagee is hereby subrogated to all of the rights of the
Grantor(s) herein and the Vendor's lien and superior title is hereby expressly transferred
to and retained its favor of the said Mortgagee to secure the payment of said Note, the
same as if said ' Mortgagee were the Grantor(s) herein-, said Dote ' being fixrther and
additionally' secured by a Deed of Trust of even date herewith f orn Grantee(s) to
BILLIE J. RILEY PC OR ANDREA BLEAU, 211 SOUTH STEMMONS SUITE C,
LEWISVILLE, TEXAS 75067 Trustees, containing provisions for foreclosure under
power of sale; to which reference is here made for all purposes:
HAVE GRANTED, SOLD AND CONVEYED, and by these presents do
GRANT, SELL AND CONVEY unto JO I.N KARVOUNIARIS herein called Grantee(s)
of DENTON County, Texas, THE SURFACE ESTATE ONLY of all that certain tract or
parcel of land situated in DENTON County, Texas and being:
SEE LEGAL DESC"PT 01VA 7TAC`HED HERETO "D -17VCO-RPORA TED HEREIN
This conveyance is made subject to the following matters, but only to the extent
sage are in effect at this time and orAy to the extent that they relate to the hereinabove
described property, Restrictions, covenants, easements and outstanding mineral reservations,
rights and royalties, if any, shown of record in the hereinabove mentioned county and state,
and to all zoning laws, regulations and ordinances of mmucipal and./or other governmental
authorities, if any.
TO HAVE AND TO HOLD the said premises, together with all rights,
hereditaments and appurtenances thereto belonging, unto the said Grantee(s) above named,
their Heirs and assigns forever,•and the undersigned hereby bind itself, its successors acid/or
assigns to WARRANT .AND FOREVER DEFEND the title to said property unto the said
Grantee(s) above named, their Heirs and assigns, against every person whomsoever lawfully
claiming or to clahn the same or any part thereof~
The contract between GRANTOR, as seller, and GRANTEE, as buyer, may contain
limitations as to warranties; to the extent said Contract provides for such fir itadons to
survive this conveyance they shall be deemed incorporated herein by reference. The
warranty of title contain-ied in this deed is hereby expressly excluded frorn the lirt�itation.s
referenced in this paragraph.
t� VI/Page t of 2
f ��
IT IS FURTHER. EXPRESSLY AGREED AND UNDERSTOOD that TONY
A. RILEY, GRANTOR., reserves to themselves, their heirs, successors and/or assigns, and
excepts fronn this conveyance, all of the oil, gas and other minerals on, in and under all of
the land described in this deed, together with the right of ingress and egress for the
purpose of exploring for, drilling for, producing, and marketing oil, gas and other
minerals. It is the uiterition of the parties that these mineral rights are hereby retained in the
interest of TOI�Y A. RILEY, their heirs, successors and/or assigns. It is further the
intention of the parties that the inineral rights expressly retained by TONY A. RILEY
includes oil, gas, and other minerals, whether solid or liquid or gaseous, whether lying on the
surface, in the surface or under the surface or any other substance considered a mineral
interest whatsoever.
"faxes for the current year having been prorated, the payment thereof is hereby
assumed by G antee(s).
EXECUTED THIS THE DAY OF DECEMBER, 2003
T �r A. RIL
r)
STATE OF TEXAS
COUNTY OF DENTON
This instrun-tent was acknowledged before me on. the � ay of DECEMBER
TONY A, RILEY.
No Publi Mate of exas7klaty
L�LY
�' ublic, SWO Ot Teasrotary's priar ted name; ommission Er
..2
�w
ADDRESS OF AND RETURN TO:
JOHN KARVOUNIARIS
PO BOX 5D405
DENT'ON, TEXAS 76206
Pap 2 aft
-, Cam`# 631109 "LWV
LEGAL DESCRIPTION
BEING all that certain lot, tract or parcel of land situated in the S. Hulzar Survey
Abstract Number 514, Denton County, Texas, being a part of that certain (called)
165.571 acre tract described in a deed from M,B. Rudman and. wife, Josephine Rudman to
the Rudman Partnership recorded in volume 2844, Page 42, Real Property Records,
Denton County, 'Texas and being more particularly described as follows
BEGINNING at a iron rod found for corner in Masch Branch Road, a public roadway, said
Point being the northeast corner of that certain tract of land conveyed by need form
the Rudman partnership et al to David M . Riley and wife S. Lynn. Riley, recorded under
Clerks File Number 94-R.0085169 , Real. Property Records, Denton County, 'texas;
THENCE S 8904810011 E, 1824.56 feet with said road to an iron rod set for corner, said
point being the northwest corner of that certain tract of land conveyed by deed from
the Rudman Partnership et al to John R. Marriott, Sr. recorded under Clerks File
Number 96-ROO27992, Read. Property Records, Denton County, Texas;
THENCE S 00001, 001, E, pass at 29,31 feet an iron rod found for south line of said
Road, a total distance of 2287,35 feet with the west line of said Marriott tract to
an iron rod set for corner in the north line of that certain tract of land conveyed
by Deed from Dee Rings, Inc, to John F. Brown recorded under, Clerks File Number
96 RO045945, Read. Property Records, Denton County, Texas;
THENCE N 890291221, w, 1823.98 feet with said north line of said Brown tract to an iron
rod found for corner, said point being the southeast corner of said Riley tract -
THENCE N• 00002' 0011 W, pass at 2262.71 feet an iron rod found for said south line of
said Raod, a total distance of 2277.47 feet with the east line of said Riley tract to
the ' PbACE of BEGINNING and containing 95.584 acres of land,
NOTE.- COMPANY DOES NOT REPRESENT TUAT THE ABOVEACREAGE AND/OR SQUARE FOOTAGE
CALCULATIONS .ARE CORRECT.
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
NON -ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by
and between the City of Denton, Texas (the "City") and
JOHN KARVOUN IARI S ("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 JOIjN KARV QUN IARI &Vhich is recorded at
I N S T NO 2003 2 0 7 5 Sol. page of the Deed Records of Denton Count Texas and
2003--207507 177285 & y' '
commonly known as Tax Parcel No. which is attached
hereto as Exhibit A, consisting of approximately acres of land.
4Y (20 acres each)
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 lanai in the municipality's ETJ in exchange for the
property owner's covenant not to develop the property and to authorize the municipality
to apply development regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized
under Tex. Loc. Gov't Code section 43.03 5; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of
Denton County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
......................................................
Section 1. Continuation of ETJ Status. The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the term
of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed
upon by the Parties, subject, however, to the provisions of this Agreement.
Section 2. Develo-pment Plan. The Owners covenant and agree that use of the
Property for the term of this Agreement and any extensions agreed to by the Parties shall
be limited to farm -related and ranch -related uses and customary accessory uses, and
single-family detached farm or ranch dwellings, provided that no single-family dwelling
may be located or constructed on a lot smaller than five (5) acres. The property owner
may apply to the City for division of the land subject to this Agreement into parcels, each
of which is at least five (5) acres in size, for the purposes set forth in this section without
being in violation of this Agreement. Such uses and activities constitute the development
plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governing_ Re ul ati on s . The following City regulations shall apply to
any development of the Property, as may be amended from time to time, provided that
the application of such regulations does not result in interference with the use of the land
for agricultural, wildlife management or forestry purposes and does not prevent the
continuation of a use. established prior to the effective date of this Agreement and which
remains lawful at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code
("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as
amended, including but not limited to the (RD-5) Zoning District
regulations, and standards incorporated therein
(2) The subdivision and development regulations contained within the
Denton Development Code, as amended, together with applicable
Design Criteria Manuals (including construction, drainage, site design,
solid waste, transportation, tree protection standards, and
water/wastewater), Denton Mobility Plan and other approved Master
Plans of the City. of Denton, Texas, and the North Central Texas
Council of Governments Standard Specifications for Public works
Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual);
(3) Denton building codes, as contained within Denton Code Chapters 17,
28 and 29, and DDC Subchapter 24, adopting:
a. International Building Code, 2006 Edition with local
amendments;
b. International Residential Code, 2006 Edition with
Appendix G and local amendments;
C. The International Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
2
e. International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments.
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
§§28-383 — 437 and §§17-141 -- 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code § §28-441 — 45 7; 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.
9
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
41
annexation and permanent zoning of the Property, whichever first occurs. The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for the Property during such period if such
application or plan is inconsistent with the Development Plan. The Owners expressly
waive any vested rights that might otherwise arise under local or state law, or by common
law, from the submittal of such inconsistent development application. The Owners
further agree that no use commenced or completed on the Property that is inconsistent
with the development plan shall be considered established or in existence prior to the
expiration of the 180--day period during which the Development Plan is in effect.
.
Section 5. A eement Deemed Void in Part Voluntga Annexation.
(A) If an owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the
Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall
thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to
Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary
annexation of land as may then exist. owners expressly and irrevocably consent to
annexation of the Property under such circumstances. Owners further agree that such
annexation by the City shall be deemed voluntary, and not subject to the requirements
and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section
43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the
Property shall, prior to such sale or conveyance, give 30 days written notice of this
Agreement to the prospective purchaser or grantee. A copy of the notice shall be
forwarded to the City at the following address
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, Tx 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded
in the real property records, Denton County, Texas.
Section 8. Severabilft . Invalidation of any provision of this Agreement by
judgment or court order shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding
annexation shall affect the enforceability of this Agreement or the City's ability to annex
the properties covered herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution„ in MultipleCopies. 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 � a
THE STATE OF TEXAS
COUNTY OF DENTON
5
Owners
KA.PsVOTJNTARI
THE CITY OF DENTON, TEXAS
By:
City Manager, Deputy City Manager, or
Designated Representative
This instrument was acknowledged before me on the day of ,
20 , by III
Notary Public, State of Texas
THE STATE OF TEXAS I
COUNTY OF DENTON I
This instrument was acknowledged before me on the day of
g Y ,
20/d , by JOHN KARVOUNIARI S .
... , A # 1E JONES
.,.
RY
±� . TATE OF TEXAS
Expires 11-.17-2012
THE STATE OF TEXAS I
COUNTY OF DENTON I
4 This instrument was ac ft
,2 by
, anager/ uty City Manager esignated
Texa
lit
State of 7-0,
bet 19
APPROVED AS ALpFR�!I:
ANITA BVRG -! S, CITY ATTORNE
_......
w ..
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Notary Public, State of Texas
d before`"' me on the - '-/ '7 _, da
City
presentativef on behalf of the City of Mnto�
Ntar'yr'P"'I` 'c, State of exas
Parties*. RILEY DAVID M
To
Comment.,
Examined and Charged as Follows:
Warranty Deed 20.00
Total Recording: 20.00
Billable Pages:
Number of Pages: 4
THIS PAGE IS PART OF 'THE INSTRUMENT
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law,
File Information:
Document Number; 2003-207507
Receipt Number: 77625
Recorded Date/Time: December 30, 2003 02.- 1 6P
User / Station., E McCorkle - Cash Station 2
Record and Return To:
CHI AGO TITLE INSURANCE COMPANY
WILL CALL
DALLAS TX 75201
GENERAL WARRANTY DEED
THE STATE OF TE'.AS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
That DAVID M. IULEY AND FIFE S. LYNN RILEY hereinafter called
Grantor(s) of the County of DENTON ' State of Texas, for and in consideration of the
sum of TEN AND NO 100 DOLLARS ($10,00), cash and other good and valuable
considerations to Grantor(s) in hand paid by Grantee(s) hereinafter named, receipt of
which is hereby acknowledged and of the further consideration of the execution and
deliverer by said Grantee(s) of that one certain promissory note of even date herewith, in
the principal sum of THREE HUNDRED FIFTY EIGHT THOUSAND DOLLARS
00/00 ($358,000.00) payable to the order of FIRST STATE BANK hereinafter called
Mortgagee, in installments as in said note provided, bearing interest from date at the rate
specified, containing the usual provisions for attorney's fees; the said Mortgagee, at the
special instance and request of the Grantee(s) herein having advanced the sum of said
note as part purchase price for the property herein conveyed, the receipt of which is
hereby acknowledged, and the said Mortgagee. is hereby subrogated to all of the rights of
the Grantor(s) herein and the Vendor's lien and superior title is hereby expressly
transferred to and retained in favor of the said Mortgagee to secure the payment of said
Note, the sarne as if said Mortgagee were the Grantor(s) herein; said Note being further
and additionally secured by a Deed of Trust of even date herewith from Grantee(s) to
BEN HATCHER, PO BOX 10, GAINESVILLE, TEXAS 76241 Trustees, containing
provisions for foreelosure under power of sale; to which reference is here made for all
purposes:
HAVE GRANTED, SOLD AND CONVEYED, and by these presents do
GRANT, SELL AND CONVEY unto JOHN KARVOUNIARIS herein called Grantee(s)
of DENTON County, Texas, THE SURFACE ESTATE ONLY of all that certain tract or
parcel of land situated in DENTON County, 'Texas and being:
This conveyance is made subject to the following matters, but only to the extent
same are in effect at this time and only to the extent that they relate to the hereinabove
described property, Restrictions, covenants, easements and outstanding mineral reservations,
rights and royalties, if any, shown of record in the hereinabove mentioned county and state,
and to alt zoning laws, regulations and ordinances of niunicipal and/or other govermnen.tal
authorities, if any.
TO HAVE ,AND TO .HOLD the said premises, together with all rights,
hereditaments and appurtenances thereto belonging, unto the said Grantee(s) above named,
their Heirs and assigns forever, and the undersigned hereby bind itself, its successors and/or
assigns to \VARRANT .AND FOREVER DEFEND the title to said property unto the said
Grantee(s) above natried, their Heirs and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof
The contract between GRANTOR, as setter, and. GRANTEE, as buyer, inay contain
limitations as to warranties; to the extent said contract provides for such Irritations to
sun ive this conveyance thew shall be deemed incorporated herein by reference. The
warranty of title contained in this deed is hereby expressly excluded from the limitations
referenced in this paragraph.
Page 1 oft
IT IS ]FURTHER EXPRESSLY AGREED AND UNDIER5' oOD that
DAVID M. RILEY AND S. LYNN RILEY, GRANTOR., reserves to themselves, their
heirs, successors and/or assigns, and excepts from this conveyance, all of the oil, gas and
other minerals on, in and under all of the land described in this deed, together with the
right of ingress and egress for the purpose of exploring for, drilling for, producing, and
marketing oil, gas and other minerals. It is the intent'on of the partles that these mineral
rights are hereby retained in the interest of DAVID M. RILEY AND S. LYNN RILEY,
their heirs, successors and/or assigns. It is further the intention of the parties that the
mineral rights expressly retained by DAVID M. RILEY AND S. LYNN RILE, Y includes oil,
gas, and other minerals, whether solid or liquid or gaseous, whether lying on the surface, in
the surface or under the surface or any other substance considered a n-ineral interest
whatsoever.
Taxes for the current year having been prorated, the payment thereof is hereby
assumed by Gran tee (s),
I /?
DAY OF DECEMBER, 2003
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of DECEMBER
2QG3 DAVID M. RILEY S. LYNN RILEY,
Notary Publi , State of Tex BILLIE jo AILEy
tiolary PUMc state at TOXAS
Nata �y's pain ed Warne; y CoMMlasion gores
ADDRESS OF AND R.E"11JRN TO:
JOHN KARVOUNIARIS
PO BOX 50405
DENTON TEXAS 76206
Wage 2 0r2
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LEGAL DESCRIPTION
All that certain tract or parcel of land situated in the S.D. Huizar Survey, Abstract
NUMBER 514, Denton County, Texas, and being all of a called 20,00 acre tract of land
described in a deed from Lewis Behringer to Gregory Dale Wyatt et ux as recorded in
Volume 1248, page 438, Real. Property records of Denton County, Texas, and being all
of a called 20.00 acre tract of land described in a deed from The Rudman Partnership
and Trustees of The Alvrone Sater '`rust No. 3; The M.B. Rudman Trust and the Alvrone
Sater Trust to David M. Riley and wife, S. Lyyn. Ril ley as recorded in County Clerk's
File dumber 94-R0083169, Real Property Records of Denton County, Texas, and being
more particularly described as follows
Beginning at a point at the northwest corner of said Wyatt tract and in Mosch Branch
Road and also in the north line of said Huizor Survey;
Thence South 89 Degrees 48 Minutes 00 Seconds East with the north line of said Wyatt
tract and with said Mosch Branch Road., and also with the said north liner a distance
of 768.20 feet to a point for the northeast corner of said Riley tract and at the
northwest corner of a called. 95.584 acre tract ofland described in a deed to Tony
Tiley as recorded in County Clerk's File Number 97-RC10415818, Real Property Records
of Denton County, Texas;
Thence South 00 Degrees 02 Minutes 00 Seconds East with the east line of said Riley
tract and with the crest line of said 95.584 acre tract, passing a 1 /2 " iron rod found
for a witness -marker at 19.76 feet and continuing along said course and With or near
a fence line for a total distance of 2282.25 feet to a 1/211 'iron rod found at the
southeast corner of said Riley tract arid at the southwest corner of said 95.584 acre
tract;
Thence North 89 Degrees 4E Minutes 50 Seconds West with or near a fence line and with
the south line of said Riley tract, a distance of 382.28 feet to a 3/8 t' iron rod -
found all the southwest corner of said Riley tract and at the southeast corner of
11
said Wyatt tract;
Thence North 89 Degrees 28 Minutes 56 Seconds west with or near a fence line and with
the south line of said Wyatt tract, a distance of 385.93 feet to a 2" metal fence
corner post at the southwest corner of said Wyatt tract and at the southeast corner
of a tract of land described in a deed to Penny Darby as recorded in Volume 2974,
Page 357, Real Property- Records of Denton County, Texas;
Thence North 00 Degrees 02 Minutes 00 Seconds West with the west line of said Wyatt
tract and with the east line of said Daray tract and also with or near a fence line,
passing a fence corner post at 2248.11 feet for a witness marker and continuing along
said course for a total distance of 2280.05 feet to the POINT OF BEGINNING and
containing 40.24 acres of land, more or less
NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE
CAI, CULAT I ONS ARE CORRECT
:adrY��►fdTy.�..:LWi�'���P�]�k• � .1wLf: ii��s �, 1...��.a .y.JaE�•� .aw_...._ {I+r. �� - -.. - f;•. • - .. � � � •l r.
After recording return to:
Jennifer Walters
ellaneous\t0Nannexationsljoseph liberto non -annexation agreement.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 Joseph N. Liberto ("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 Tract 32, Little Brook Estates, Unit No. 2, an Addition to Denton County, Texas,
according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of Denton
County, Texas, and containing 15.00 acres of land, more or less, situated in the J. Haney Survey,
Abstract No. 515, Denton County, Texas, and being more fully described in that certain Deed
dated June 12, 1995 from the Veterans Land Board of the State of Texas to Joseph N. Liberto,
filed for record on July 19, 1995 and recorded in Instrument Number 95-R0042515 of the Real
Property Records of Denton County, Texas.
SAVE & EXCEPT: Part of Tract 32, Little Brook Estates, Unit No. 2, an Addition to
Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page
5 of the Plat Records of Denton County, Texas, and containing 1.000 acre of land, more
or less, situated in the J. Haney Survey, Abstract No. 515, Denton County, Texas, and
being more fully described in that certain Correction Warranty Deed dated July 9, 1993
from Joseph N. Liberto and wife, Edna Nell Liberto to Timothy P. Liberto, filed for
record on July 9, 1993 and recorded in Instrument Number 93-R0045427 of the Real
Property Records of Denton County, Texas. Said part of Tract 32, Little Brook Estates,
Unit No. 2, is commonly known as DC,4D Property ID 169712.
SAVE & EXCEPT: Part of Tract 32, Little Brook Estates, Unit No. 2, an Addition to
Denton County, Texas, according to the reap or plat thereof recorded in Volume 3, Page
5 of the Plat Records of Denton County, Texas, and containing 3.00 acres of land, more
or less, situated in the J. Haney Survey, Abstract No. 515, Denton County, Texas, and
being more fully described in that certain warranty Deed dated November 27, 2000 from
Joseph N. Liberto to 1173 Storage, Ltd. Co., filed for record on December 5, 2000 and
recorded in Volume 4729, Page 2417 of the Real Property Records of Denton County,
Texas. Said part of Tract 32, Little Brook Estates, Unit No. 2, is commonly known as
DCAD Property ID 228152.
sAour documentAmiscellaneousl14lannexationsljoseph liberto non -annexation agreement. doc
SAVE & EXCEPT: 0.136 acres of land, more or less, out of said Tract 32, Little Brook
Estates, Unit No. 2, an Addition to Denton County, Texas, according to the map or plat
thereof recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, being
more fully described in that certain warranty Deed dated August 22, 2006 from Joseph
N. Liberto to Timothy P. Liberto, filed for record on September 18, 2006 recorded in
Instrument Number 2006-115344 of the Real Property Records of Denton County, Texas.
SAVE & EXCEPT: Part of Tract 32, Little Brook Estates, Unit No. 2, an Addition to
Denton County, Texas, according to the map or plat thereof recorded in Volume 3, Page
5 of the Plat Records of Denton County, Texas, and containing 0.529 acres of land, more
or less, situated in the J. Haney Survey, Abstract No. 515, Denton County, Texas, and
being more fully described in that certain General warranty Deed dated January 7, 2010
from Joseph N. Liberto to Traci L. Liberto and Timothy P. Liberto, filed for record on
January 8, 2010 and recorded in Instrument Number 2010-2166 of the Real Property
Records of Denton County, Texas, Said part of Tract 32, Little Brook Estates, Unit No.
2, is commonly known as DCAD Property ID 334643.
The remaining portion of Tract 32, Little Brook Estates, Unit No. 2, is commonly known
as DCAD Property ID 61096.
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
j01
urisdiction ("ETF) for the term of this Agreement;
WHEREAS, owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, OWNERS represent that it is their intention not to develop the Property
during the term of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for
purposes of retaining land in the municipality's ETJ in exchange for the property owner's
covenant not to develop the property and to authorize the municipality to apply development
regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex.
Loc. Gov't Code section 43.03 5; and
r
sAour documentslmiscellaneous1101annexationsljoseph liberto 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. 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, 1 999--2020, as amended, including but
not limited to the (RD-5) Zoning District regulations, and standards
4.
incorporated therein
(2) The subdlvlslon 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,-
3
sAour documents\miscellaneous\14\annexations\joseph liberto non -annexation agreement.doc
b. International Residential Code, 2006 Edition with Appendix G and
local amendments;
C. The International Fire Code, 2006 Edition with local amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of ordinances Chapter 17, Denton Property Maintenance
Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local amendments.
j . National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code §§28-383
-- 43 7 and § § 17-141 — 210, as amended and as applicable;
I. 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
4.
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.
S1
sAour documentslmiseellaneousl10lannexationsljoseph liberto non -annexation agreement.doc
Section 4. Develo meat 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 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 5. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
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. Severab. Invalidation of any provision of this Agreement by judgment or
16
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as
to matters not addressed in this Agreement.
5
sAour documents\miscellaneous\10\annexations\Joseph liherto non -annexation agreement.doc
Section 10. Change in Law. No subsequent change in the lave regarding annexation shall
affect the enforceability of this Agreement or the City s 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. Team and Extension. The initial term of this Agreement shall be fora period
of five (5) years from the Effective
shall be the date the Agreement is
mutual agreement of the Parties,
Date (the "Term"). The Effective Date of the Agreement
executed by the City. The Term may be extended upon
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
The Parties hereto have executed this agreement as of 92010.
Owners
Jo ph N. Liberto
THE CITY OF DENTON, TEXAS
By:
City Manager, Deputy Ci y Managers or
Designated Representative
9
sAour do cuments\m is cellane ous\ I O\annexat ions\j oseph liberto non -annexation agreement. doc
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument Was acknowledged before me on the day of ,
2010) by Joseph N. Liberto.
A, DICK
:A:
Of Sox _*-
, . qt� ►apt . P1RE
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON }
his instrume v s ackno Odd ed before nw. on thLanag
day o ,20 r by
City r/Deputy City Manage/Designated
Representati4 on behalf of the City of Denton, Texas.
,••����*�� J N N 1 i R f�. WAi� R s tary Pub , State of Texas
m
;��" Notary Public, State of Texas
.., 4 My Comrnission Expires
CA I
APPROVED AS TO LEGAL FORM;
ANITA BURGE$..S CITE^ATTORNEY �
r
VA
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
NON -ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and
between the City of Denton, Texas (the "City") and Ann Wylie Martin, Trustee of the Ann Wylie
Martin Living Trust (`owners"), the property owners of the hereinafter described property (the
"Property") in Denton County, Texas, sometimes individually or collectively referred to as
"Party" or "Parties":
Being 6.735 acres of land, more or less, situated in the R. Whitlock Survey, Abstract No.
1403, Denton County, Texas, and being more fully described in that certain General
Warranty Deed dated July 8, 2005 from Austin Granville Baler III and wife, Sherrie L.
Baler to Ann Wylie Martin, Trustee of the Arun Wylie Martin Living Trust, filed for
record on July 18, 2005 and recorded in Instrument Number 2005-86688 of the Real
Property Records of Denton County, Texas. Said 6.735 acres of land, more or less, is
commonly known as DCAD Property ID 39161.
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 43.035; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as
follows-9
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 terra 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. 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. hnternational 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 fof
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 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
coinmences 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 everability. hivalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Tern and Extend nn .
of five (5) years from the Effective
shall be the date the Agreement is
mutual agreement of the Pat -ties.
The initial term of this Agreement shall be for a period
Date (the "Term" ) . The Effective Date of the Agreement
executed by the City. The Term may be extended upon
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections. ;
The Parties hereto have executed this agreement as of
gz , 2010.
owners
4A
Ann Wylie Martin
Trustee of the Ann Wylie Mai -tin Living Trust
THE CITY OF DENTON, TEXAS
By:
City Manager, Deputy City Nfanager, or
Designated Representative
f
THE STATE OF TEXAS
COUNTY OF DENTON
ram,
This instrument was aclmowledged before me on the day of ,
2010, by Ann Wylie Martin, Trustee of the Ann Wylie Martin Living Trust.
CHRISTINE
Notary Public SWO of TQ
pigs
4y
4
Notary Public, glate of Texas
Z
THE STATE OF TEXAS
COUNTY OF DENTON
his instr twasac�no I-dged before nl"- day o 2 by
un�en w e V4, Oz&z
...............
g
Manage /Deputy City Manag r/Designated
Re p"'resentatiw, on behalf f the City of Denton, Texas.
1101f 40
V'0,4 JENNIPH K, WALTER$
&W
ik
141 Notory Public, State of Texas
My commloglon Expires
keftbW 19,2010
APPI
ANII
/Ih I
4 ,
Njry Pub State of Texas
T
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton., TX 76201
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
NON -ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and
between the City of Denton, Texas (the `City") and Steven C. Naus ("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 the East 12.00 acres, more or less, of Tract 10, Little Brook Estates, an Addition to
Denton County, Texas, according to the map or plat thereof recorded in Volume 489,
Page 273 of the Real Property Records of Denton County, Texas, situated in the Jaynes
Haney Survey, Abstract No. 515, Denton County, Texas, and being more fully described
in Tract III of that certain Special warranty Deed with Encumbrance for owelty of
Partition dated May 19, 2008 from Sandra Sue Naus to Steven C. Naus, filed for record
on June 10, 2008 and recorded in Instrament Number 2008-63618 of the Real Property
Records of Denton County, Texas. Said East 12.00 acres, more or less, of Tract 10, Little
Brook Estates, is commonly known as DCAD Property ID 61161.
WHEREAS, the City has given notice of its intent to institute annexation proceedings for
the Property in accordance with Tex. Loc. Gov't Code ch. 43; and
WHEREAS, owners desire that the Property remain in the City's extraterritorial
jurisdiction ("ETF) for the 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 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 orwildlife
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
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. hnternational Residential Code, 2006 Edition with Appendix G and
local amendments;
2
C. The International Fire Code, 2006 Edition with local amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of ordinances Chapter 17, Denton Property Maintenance
Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local amendments.
j . National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code §§28-383
- -- 43 7 and § § 17-141 — 210, as amended and as applicable;
1. Irrigation Standards, Denton Code §§28-441 — 457; and
M. Moving Buildings, Denton Code §§28-326 — 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended;
(5) Applicable water and wastewater connection, construction and on -site
operation requirements, contained within Chapter 26 of the Denton Code of
Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended,
the Denton water and wastewater Criteria Manual, as amended, and as
supplemented by the Texas water Code, as amended, Texas Natural
Resources Code, as amended, Texas Utilities Code, as amended, and
applicable administrative standards of the Texas Commission on
Environmental Quality, as 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
3
a period of 180 calendar days thereafter, or until the effective date of the annexation and
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that
the City may deny any development application or plan of development that is submitted to the
City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C-1, or other- such other provisions governing voluntary annexation of
land as may then exist. Owners expressly and irrevocably consent to annexation of the Property
under such circumstances. Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.052, or successor- statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm. Street
Denton, TX 76201
Section 7. Recording. This Agreement is to 1-Lin with. the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. S everabilit . 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
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 Multi le Copies. This Agreement may be separately executed
in individual Counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. The initial term of this Agreement shall be for a eriod
of five (5) years from
the Effective
shall be the date the Agreement is
mutual agreement of the Parties.
P
Date (the "Term"). The Effective Date of the Agreement
executed by the City. The Tenn may be extended upon
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive
terinination 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 CV , 2010.
Owners
Steven C. Naus eel
THE CITY OF DENTON, TEXAS
By: -�
City Manager, Deputy City Manager, or
Designated representative
THE STATE OF TEXAS
COUNTY OF DENTON
Y l
This instrument was acknowledged before me on the � dayof�.� � 6��
2010, by Steven C. Naus.
.•'��r�P�'►ri� SlEpHANIE LYNN CLEMMaN$
Notary Public, State of Texas
my Commission Expires
�$,- February 19, 2013
A.
Notary Pu lic, State of Texa
`1
THE STATE OF TEXAS I
COUNTY OF DENTON }
T is instrumen was acI n . wled 5,d before e- ari the day off' ,29JL, by
: City Mana rlDeputy City Mana r/Designated
Representativ , on behalf of e City of Denton, Texas:
n
otary Pu ic, State of Texas
itNNIFER K, WALTERS
�o My dfyjmj�glon 5'xpireg
APPROVED AS TO LEGAL FORM:
r�
After recording return to:
Jennifer Walters
City Secretary
215 E. McKim-iey
Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
NON -ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by
and between the City of Denton, Texas (the "City") and Wolfgang Skledar and Astrid
Skledar ("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 warranty Deed with Vendor's Lien dated on or about
April 14, 2009, from Jess Elrod and Sheryl Elrod to Wolfgang Skledar and Astrid
Skledar, recorded at instrument number 2009-45939 of the Real Property Records
of Denton County, Texas, which is attached hereto as Exhibit A, and commonly
known as Tax Parcel No. 61196, consisting of approximately 7.476 acres of land.
WHEREAS, the City has given notice of its intent to institute annexation
proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and
WHEREAS, owners desire that the Property remain in the City's extraterritorial
jurisdiction ("ETP) for the term of this Agreement;
WHEREAS, owners and the City aclmowledge 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 fain -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 airiended, 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 --- 437 and §§17-141 — 210, as amended and as
applicable;
1. h-rigation 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 Conunission 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
amiexation 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 Pail 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 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.
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
aruiexation shall affect the enforceability of this Agreement or the City's ability to annex
the propel -ties covered herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
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 "Tenn"). The Effective Date of the
Agreement shall be the date the Agreement is executed by the City. The Term may be
extended upon mutual agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall
survive termination of this Agreement, together with any other provisions, as may be
necessary for the implementation of those sections.
The Parties hereto have executed this agreement as of ( f
Astrid Skledar
THE CITY OF DENTON, TEXAS
By:
City anager, Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS f
COUNTY OF DENTON I
This instrument was aclmowledged before me on the 13th day of January, 2010, by
Wolfgang SIdedar.
a
Notary Public, State of T xa
THE STATE OF TEXAS I
COUNTY OF DENTON I
This instrument was acknowledged before me on the 13th day of January, 2010, by
Astrid Skledar. .
ly
Notary Public, State of T s
o
THE STATE OF TEXAS I
COUNTY OF DENTON }
This i ment was KiKiowledged before eon the ay ,
20105 by ity Manage IDe u i
p tY tY
Manager/Des'ignated Representative, on behalf of the City of Denton, exa .
�.�'RY pU •t,
��'` lop
JENNIF R K. WALTERS
Notary Public, State of Texas
My Commission Expires
o ry Pu ,State of Texas
A 11 1 1 �J ■ �f L 1 i tiJ y y �^"LPL tJ i iL 1 t/ .l tl ■ 141
T�
ANITA BURGt'S'-'S. CITY ATTORNEY
r
+
no
70200900045939
Recorded On: April 17, 2009
Parties: ELROD JESS
To
Comment:
Warranty Deed
Total Recording:
Denton County
Cynthia Mitchell
County Clerk
Denton, Tx 76202
Instrument Number: 2009-45939
As
Warranty Deed
Parties listed above are for Clerks reference only
** Examined and Charged as Follows: �*
27.00
27.o0
Exhibit A
Billable pages: 5
Number of Pages: 5
DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is Invalid and unenforceable under federal law.
File Information; Record and Return To:
Document Number: 2009-45939
Recent Number: 575608 WOLFGANG & ASTRID SKLEDAR �
Recorded Date/Time: April 17, 2009 12:36:54P 4243 FM 1173
KRUM TIC 76266 �
User l Station: D Kitzmiller e Cash Station 2
THE STATE OF TEXAS)
COUNTY OF DENTON )
I hereby certify that this instrument was FILED In the File Number sequence on the dateltime
printed heron, and was duly RECORDED In the Official Records of Denton County, Texas, '
��, County Clerk
''�••*1�•; Denton County, Texas
i vARklq, -PP
Fp�kcc)
..
f
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR. ALL OF THE FOLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE
IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIFTER'S LICENSE NUMBER
' Warranty Deed with Vendor's Lien.
Date: 2009
Grantor: J'ESS ELROD and SHERYL ELROD
Grantee: WOLFGANG SKLEDAR and ASTRID SXLEDAR
f Grantee's Mailing Address:
4203 Spring Meadow Ln.
Flower Mound, Texas 75028
Denton County
Consideration:
TEN DOLLARS ($1.0.00) and other good and valuable consideration and a
note of even date executed by Grantee and payable to the order of Grantor
E in the principal amount of TWO HUNDRED FIVE THOUSAND AND NG/1.00 DOLLARS
($205,000.00). The note is secured by a first and superior vendor's lien
and superior title retained in this deed and by a first -lien deed of
trust of even date from Grantee to PHIL L . ADAMS , trustee.
Property (including any improvements):
See Exhibit "A" attached hereto and made a part hereof for all
purposes.
Reservations from Conveyance
The herein described tract of land is being conveyed subject to all
outstanding Mineral Deeds and/or Reservations, Royalty Deeds and/or
Reservations, oil, and gas leases, easements and property restrictions
appearing of record in the Deed Records and/or Official Records of the
County in the property described herein; affecting the herein described
property, all of which are excepted from the WARRANTY hereinafter given. .
Exceptions to conveyance and warranty:
Liens described as part of the Consideration and any other liens
described in this deed as being either assumed or subject to which title
is tauten; validly existing easements, rights -of --way, and prescriptive
rights, whether of record or not; all presently recorded and validly
existing instruments, other than conveyances of the surface fee estate,
that affect the Property; and taxes for 2009, which Grantee assumes and
agrees to pay, but not subsequent assessments for that and prior years
due to change in land usage, ownership, or both, the payment of which
6
Grantor assumes.
Grantor, for the Consideration and subject to the Reservations from
Conveyance and the Exceptions to Conveyance and warranty, grants, sells,
and conveys to Grantee the Property, together with all and singular the
rights and appurtenances thereto in any way belonging, to have and to
hold it to Grantee and Grantee's heirs, successors, and assigns forever.
Grantor binds Grantor and Grantor's heirs and successors to warrant and
forever defend all and singular the Property to Grantee and Grantee's
heirs, successors, and assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof, except as to the
Reservations from Conveyance and the Exceptions to Conveyance and
Warranty.
As a material part of the Consideration for this deed., Grantor and
Grantee agree that Grantee is taking the property "AS IS" with any and
all latent and patent defects and that there is no warranty by Grantor
that the Property has a particular financial value or is fit for a
particular purpose. Grantee acknowledges and stipulates that Grantee is
not relying on any representation, statement, or other assertion with
respect to the Property condition but is relying on Grantee's examination
of the Property. Grantee takes the Property with the express
understanding and stipulation that there are no express or implied
warranties.
The vendor's lien against and superior title to the Property are
retained until each note described is fully paid according to its terms,
at which time this deed will become absolute.
When the context requires, singular nouns and pronouns include the
plural.
SS ELROD
AHE1 11
P' A . ( 01( Pd
L •LROD
STATE OF TEXAS j
courrTY OF 0--eh10 n >
This instrument was acknowledged before me on()Q9
2049, by JESS ELROD and SIiERYL ELROD.
•t'' �••. NICK VlNCEW
� = MY COMMISSION EXPIRES
March 19,2013 Notary Public, State of Texas
My commission expires:
r)CA tc 4 1 j C) 0
PREPARED IN THE OFFICE OF:
Adams & Bennett
100 East Broadway
Gainesville, Texas 76240
AFTER RECORDING RETURN T0:
Z■ �
EXHIBIT'A'
File No.: 1149129-FW21(HJ)
Properly; 4243 FM 1173, Krum, TX 76249
FIELD NOTES TO ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE a. HANEY SURVEY,
ABSTRACT NUMBER 515, DENTON COUNTY, TEXAS AND BEING KNOWN AS THE EAST 1/2 OF
TRACT 30 OF LITTLE BROOKE ESTATES, UNIT 2, AN ADDITION IN DENTON COUNTY, TEXAS,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 PAGE 5 OF THE PLAT
RECORDS OF DENTON COUNTY, TEXAS AS RECOGNIZED AND OCCUPIED ON THE GROUND;
THE SUBJECT TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING FOR THE NORTHEAST CORNER OF THE TRACT BEING DESCRIBED HEREIN AT A
1/ 2 CAPPED IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID TRACT 30 IN THE
SOUTH LINE OF F.M. ROAD 1173;
THENCE SOUTH BB DEGREES 03 MINUTES 10 SECONDS EAST WITH THE EAST ONE OF SAID
TRACT 30, ALONG AND NEAR A FENCE A DISTANCE OF 1243.40 FEET TO A METAL FENCE
CORNER POST FOR THE SOUTHEAST CORNER OF SAID TRACT 30;
THENCE NORTH 89 DEGREES 54 MINUTES 05 SECONDS WEST WITH THE SOUTH LINE
THEREOF ALONG AND NEAR A FENCE A DISTANCE OF 260.73 FEET TO A CAPPED IRON ROD
SET FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE NORTH BO DEGREES 03 MINUTES 10 SECONDS WEST WITH A LINE SEVERING SAIL,
TRACT 30 EQUALLY INTO, ALONG AND NEAR A FENCE PART OF THE WAY, A DISTANCE OF
11251,32 FEET TO A CAPPED IRON ROD SET IN THE NORTH LINE OF SAID TRACT ON THE
SOUTH LINE OF SAID FM 1173;
THENCE SOUTH 68 DEGREES 09 MINUTES 47 SECONDS EAST WITH SAID SOUTH LINE AND
THE NORTH LINE OF SAID TRACT 30 ALONG AND NEAR A FENCE A DISTANCE OF 260.87
FEET TO THE PLACE OF BEGINNING AND ENCLOSING 7.47 ACRES OF LAND,
A. P. N .
1149129-FW21 1 of 1
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
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 Shawn Sloan, flklal Shawn S.
Parr ("Owner"), the property owner of the hereinafter described property (the "Property")
in Denton County, Texas, sometimes individually or collectively referred to as "Party" or
"Parties":
Lot 25 and a called portion of Lot 24 of Little Brook Estates, an addition to Denton
County, Texas, according to a plat thereof recorded at Volume 489, Page 273, Deed
Records of Denton County, Texas, described in a Warranty Deed with Vendor's
Lien dated August 6, 2002 to Shawn S. Parr, recorded as instrument number 2002-
R0101331 in the Real Property Records of Denton County, Texas, said parcels
being commonly known in the records of the Denton Central Appraisal District as
Tax Parcels 61113 and 244904, and comprising 15 acres of land, more or less.
WHEREAS, the City has given notice of its intent to institute annexation
proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and
WHEREAS, owner desires that the Property remain in the City's extraterritorial
jurisdiction ("ETP) for the term of this Agreement;
WHEREAS, owner and the City acknowledge that this Agreement between them
is binding upon the City and the owner and their respective successors and assigns for
the term of the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23 . C, D, or E,- and
WHEREAS, OWNER represents that it is her intention not to develop the
Property during the term of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner
and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section
212.172 for purposes of retaining land in the municipality's ETJ in exchange for the
property owner's covenant not to develop the property and to authorize the municipality
to apply development regulations not inconsistent With agricultural use,- and
WHEREAS, the Parties are desirous of entering into an agreement authorized
under Tex. Loc. Gov't Code section 43.03 5; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of
Denton County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of
the extraterritorial status of the Property and agrees not to annex the Property for the term
of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed
upon by the Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owner covenants and agrees that use of the
Property for the term of this Agreement and any extensions agreed to by the Parties shall
be limited to farm -related and ranch -related uses and customary accessory uses, and
single-family detached farm or ranch dwellings, provided that no single-family dwelling
may be located or constructed on a lot smaller than five (5) acres. The property owner
may apply to the City for division of the land subject to this Agreement into parcels, each
of which is at least five (5) acres in size, for the purposes set forth in this section without
being in violation of this Agreement. Such uses and activities constitute the development
plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. GoverninRegulations..
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
P 1 ans 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;
0
C. The International Fire Code, 2006 Edition with local
amendments;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local
amendments;
f. International Mechanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local
amendments.
j . National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
§§28-383 — 437 and §§17-141 — 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 — 457; and
M. Moving Buildings, Denton Code §§28-326 -- 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
(5) Applicable water and wastewater connection, construction and on -site
operation requirements, contained within Chapter 26 of the Denton
Code of Ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton water and wastewater Criteria Manual,
as amended, and as supplemented by the Texas water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 30 of the Denton Code, as amended, and
subchapters 17 through 19 of the DDC, as amended, the Denton
Drainage Criteria Manual, as amended, and as supplemented by
requirements of the Texas water Code, as amended, Texas Natural
Resources Code, as amended, applicable administrative standards of
the Texas Commission on Environmental Quality, as amended, and
applicable administrative standards of the Federal Emergency
Management Administration, as amended; and
(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
3
the Texas Utilities Code, the Texas Natural Resources Code, the Texas
Water Code, and applicable administrative standards of the Texas
Railroad Commission and Texas Commission on Environmental
Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first occurs. The Parties
covenant and agree that the City may deny any development application or plan of
development that is submitted to the City for the Property during such period if such
application or plan is inconsistent with the Development Plan. The owner expressly
waives any vested rights that might otherwise arise under local or state law, or by
common law, from the submittal of such inconsistent development application. The
Owner further agrees that no use commenced or completed on the Property that is
inconsistent with the development plan shall be considered established or in existence
prior to the expiration of the 180-day period during which the Development Plan is in
effect.
Section 5. Agreement Deemed Void in Part; Voluntary Annexation.
(A) If an owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the
Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall
thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to
Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary
annexation of land as may then exist. owner expressly and irrevocably consents to
annexation of the Property under such circumstances. owner further agrees that such
annexation by the City shall be deemed voluntary, and not 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.
0
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 fiill force and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the
City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into this Agreement by
Owner waives no rights as to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the lave 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. 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
Owner
awn Sloan, flldal Shawn S . Parr
THE CITY of D ENT ON, TEXAS
B
y' �5, 6
City Manager, Deputy City Manager, or
Designated Representative
k
THE STATE OF TEXAS
THE STATE OF TEXAS
COUNTY OF DENTON
This ins Zent was ac {nowledge 7beo - me on the f2010by i Manaj�r/Deputy City
Manager/Designated R resentative, on behalf of the Ci of Denton, Texas.
61 ry Pubtc, State of Texas
W,
After recording retun-i to
Jeumifer Walters
City Secretary :ellancous\ olannexationsVoyd & Iinda smith non -annexation agreement.doc
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 Loyd R. Smith & Linda Dianne Smith
("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 the West part of Tract 30, Little Brook Estates, Unit No. 2, an Addition to Denton
County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of
the Plat Records of Denton County, Texas, and containing 7.5236 acres of land, more or
less, situated in the Jaynes Haney Survey, Abstract No. 515, Denton County, Texas, and
being more fully described in that certain Warranty Deed with Vendor's Lien dated
January 23, 1986 from Benjamin Loyd Smith and wife, Siddle Smith. to Loyd Ronald
Smith and wife, Linda Dianne Smith, filed for record on February 10, 1986 and
recorded in Volume 1818, Page 858 of the Real Property Records of Denton County,
Texas, Said West part of Tract 30, Little Brook Estates, Unit No.2, is commonly known
as DCAD Property ID 612000
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
j uri sdiction ("ETJ") for the term of this Agreement;
WHEREAS, owners and the City acknowledge that this Agreement between them is
binding upon the City and the owners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, OWNERS represent that it is their intention not to develop the Property
during the term of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 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
X: . . ... ....
sAour documents\miscellaneous\10\annexations\loyd & linda smith 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. 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. 1995 (NCTCOG
Manual);
(3) Denton building codes, as contained ,within Denton Code Chapters 17, 28 and
29, and DDC Subchapter 24, adopting:
a. International Building Code, 2006 Edition with local amendments;
0
sAour documentslmisccIIaneousll MannexationsVoyd & Iinda smith non -annexation agreement. doe
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;
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 — 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.
t]
sAour documents\miscellaneous\I0\annexations\loyd & linda smith non -annexation agreement. 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 S. Agreement Deemed Void in PaM-Noluntga Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of
land as may then exist. Owners expressly and irrevocably consent to annexation of the Property
under such circumstances. Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, Tx 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Seyerability. Invalidation of any provision of this Agreement by judgment or
Is
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
sAour documents\miscellaneous\10\annexations\loyd & linda smith non -annexation agreement.doe
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 team 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
Linda ianne Smith
THE CITY OF DENTON, TEXAS
By:
City'lTdnagef,, Deputy City Manager, or
Designated Representative
z
s:lour documentslmiseellaneous\10\annexationslloyd & linda smith non -annexation agreement.doc
THE STATE OF TEXAS
COUNTY OF DENTON }
This instrument was acknowledged before me on the day of - ,
2010, by Loyd R. Smith.
� 4 i
Y
°'��, n{`', CHRIS'TIN GIs. H
Notary Public State ®f Text ,
My COMMISSION EMPIRES► y
,
'rF of w+� March rch 10 2413 �
No, Malmo
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the . ... . .. .. .. ... ......... day of ,
20101 by Linda Dianne Smith.
CHRISTINE As DICK
` '�. � , Cie'►
Notary�bt#c State of Tex"
ti MY I;`s MISSION EXPIRES y
"TF of
eta - rah 2, 2013
NON
- ...
THE STATE OF TEXAS
COUNTY OF DENTON
5
Notary Public, State of Texas
his ru nt was w edged before me on ,the._._.,. day o ,20 ojby
J�4W
CQ� Mana er/Deputy City Mana er/Designated
Representa e, on beha of the City of Denton, Texas.
Notary Public, State of Texas
My coft)ryllaslor) Upires
t
APPROVED AS T ._LE—
ANITA BURGESS. CI'T
. . .. ....... ..
N,,ofiry Pub ' , State of Texas
Z
After recording return to
Jeiniifer Walters-11aneousll Mmmexation s\patsy ste`vart non -annexation agreement. doc
y
Cit 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 Patsy R. Stewart ("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 Tract 17, Little Brook Estates, an Addition to Denton County, Texas, according to the map
or plat thereof recorded in Volume 489, Page 273 of the Real Property Records of Denton
County, Texas, and being more fully described in that certain warranty Deed with Vendor's Lien
dated November 19, 1979 from F.T.B. Building Corporation to Douglas K. Taylor and wife,
Patsy R. Taylor, filed for record on December 19, 1979 and recorded in Volume 992, Page 728
of the Real Property Records of Denton County, Texas.
SAVE & EXCEPT:
A 1.0 acre tract of land, more or less, described in Volume 1099, Page 113 of the Real
Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly
known as DC,4.D Property ID 78105.
A 1.0 acre tract of land, more or less, described in Volume 1119, Page 492 of the Real
Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly
known as DCAD Property ID 78103.
Those two 1.0 acre tracts of land, more or less, described in Volume 1124, Page 298 of
the Real Property Records of Denton County, Texas. Said 2.0 acres, more or less, is
commonly known as DCAD Property ID 78102.
A 1.0 acre tract of land, more or less, described in Volume 1128, Page 994 of the Real
Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly
known as DCAD Property ID 78104.
A 1.0 acre tract of land, more or less, described in Volume 1128, Page 998 of the Real
Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly
known as DCAD Property ID 78101.
A 5.0 acre tract of land, more or less, described in Volume 1171, Page 409 of the Real
Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly
known as DCAD Property ID 78099.
A 1.0 acre tract of land, more or less, described in volume 4897, Page 4300 of the Real
Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly
known as DCAD Property ID 241409.
sAour documents\miscellaneous\10\annexationslpatsy stewart non -annexation agreement.doc
Note: See the certified copy of the Decree of Divorce in the Matter of the Marriage of Patsy Ruth
Taylor and Douglas Kenneth Taylor, Cause No. 83-4209-B, in the District Court of Denton
County, Texas, and filed for record on March 11, 1984 and recorded in Volume 1362, Page 480
of the Real Property Records of Denton County, Texas, for the disposition of the interest of
Douglas Kenneth Taylor.
The remaining Northeast 4.0 acres of Tract 17, Little Brook Estates, is commonly known
as DCAD Property ID 61091.
WHEREAS, the City has given notice of its intent to institute annexation proceedings for
the Property in accordance with Tex. Loc. Gov't Code ch. 43; and
WHEREAS, Owners desire that the Property remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this Agreement;
WHEREAS, Owners and the City acknowledge that this Agreement between 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.
sAour documents\miscellaneous\I0\annexations\patsy ste`vart non -annexation agreement.doc
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. Gove�-r�ing 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;
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;
3
sAour documentslmiscelIaneousll Olannexationslpatsy stewart non -annexation agreement. doc
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 — 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
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
n
sAour documentslmiscellaneous1141annexationslpatsy stewart non -annexation agreement.doc
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 VoluntM Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C--1, or other such other provisions governing voluntary annexation of
land as may then exist. Owners expressly and irrevocably consent to annexation of the Property
under such circumstances. Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.052, or successor statute.
Section 6. Notice of Sale. Any person ,who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, Tx 76201
Section 7.' Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas,
Section 8. Seyerability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in 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.
z
sAour documents\miscellaneous\10\annexations\patsy stewart non -annexation agreement.doc
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 w , 2010.
Owners
Patsy R. Stew rt
THE CITY OF DENTON, TEXAS
By• •
Citr9anager, Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS I
COUNTY OF DENTON I
This instrument was acknowledged before me on the day of
2010, by Patsy R. Stewart.
Notary Public, State of Texas
no
sAour documents\miscellaneous\10\annexations\patsy stewart non -annexation agreement.doc
THE STATE OF TEXAS
COUNTY OF DENTON
his instrum t was ackno Iedge before �t� day ,20�, by
A J-P City Man ger/Deputy City Manag r/Designated
Representativ on behalf jftVe City of enton., Texas.
ty Publi , tate of Texas
Al"
������, JENNIFER K, WATER
Notary Public, State of Texas
MY Commiggloh Expires
APPROVED AS TO LEGAL FORM;
ANITA BURGE S $,_CTY� ATT
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, Tx 76201 CHAPTE
R 212 TEXAS LOCAL GOVERNMENT CODE
NON -ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by
and between the City of Denton, Texas (the "City") and William. E. Watson, Jr. & Rose
E. Watson ("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 William E. Watson, Jr. & Rose E. Watson
which is recorded at Instrument Number 45620 of the Real Property Records of
Denton County, Texas, and commonly known as Tax Parcel No. 61090DEN,
which is attached hereto as Exhibit A. consisting of approximately 15 acres of
land.
WHEREAS, the City has given notice of its intent to institute annexation
proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and
WHEREAS, owners desire that the Property remain in the City's extraterritorial
jurisdiction ("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 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. Goven-iing 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;
1. National Electric Code, 2005 Edition with local
amendments.
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and building standards, Denton Code
§§28-383 — 437 and §§17-141 — 210, as amended and as
applicable;
1. Irrigation Standards, Denton Code §§28-441 — 457; and
M. Moving Buildings, Denton Code §§28-326 ------ 375;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as
amended;
(5) Applicable water and wastewater connection, construction and on -site
operation requirements, contained within Chapter 26 of the Denton.
Code of ordinances, as amended, and Subchapters 16 and 21 of the
DDC, as amended, the Denton Water and Wastewater Criteria Manual,
as amended, and as supplemented by the Texas Water Code, as
amended, Texas Natural Resources Code, as amended, Texas Utilities
Code, as amended, and applicable administrative standards of the
Texas Commission on Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as
contained within Chapter 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 cor menced 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; VoluntaryArnlexation.
(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 subs 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 City's ability to annex
the properties covered herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multi le Copies. This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and same
instrument,
Section 13. Term and Extension. The initial term of this Agreement shall be for a
period of five (5) years from the Effective Date (the "Term") . The Effective Date of the
Agreement shall be the date the Agreement is executed by the City. The Term may be
extended upon mutual agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall
survive termination of this Agreement, together with any other provisions, as may be
necessary for the implementation of those sections.
The Parties hereto have executed this agreement as of
THE STATE OF TEXAS
6
Owners
Sri z i Li��)�
�Vil ' n E. Watson, Jr.
Rose E. Watson
THE CITY OF DENTON, TEXAS
By:
101
City Manager, Deputy City Manager, or
Designated Representative
COUNTY OF DENTON I
This instrument was acknowledged before me on the day y o
*Iliam E. Watson, Jr..
� ; 2"! .
JENNIFER �EII.AR
w Notary Public, Sta[P of 4.
Texas
rr��� '�yti•. MY Comm' � s.
ISSion Fxp
Navernber 25
N a y Publ v , State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON I
This instrument was acknowledged before me on the day
Zo , by Rose E. Watson.
w
e� P ,,��
titr►,, J NNIF R BELLAR Y U0�
�i •
. w Notary Public, State of Texas
My Commission Expires
o,,r'`,► ►„���►'�M November 26, 2013
qo Pub
P,Sn
tate ofas
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was aclrno 1 ged before }� e
by ton the day- f
C
'l�Ianagei eputy City Manager/Designated I� presentative, on behalf of the City of Denton,
,,,tlE►►►, ,
�.•
p
4
WAITERS
JENNE�R K.
Notary Pubiio, State of Texas
My Comryiission Expires
D er 1 27
APPROTE15 AS��G LOCAL ORM.�
ANITA B QR, —GES S, CITY ATTORNNEY
,..
BY
C
"'Ltary Pub1• , State of Texas
; A
VOL3295 FG05 10
Pl"�rcd by the State eUt of TcF-u (or usr by l:wxcrs only.
• Rcriscd tD-8S,
' 0NO0.) the SW e. $4 rru.
WARRANTY DEED WITIT VENDOR'S LIEN
Date; August 6t 1992
Grantor: Billy Jack Maupin and wife. Carolyn Maupin
Grantor`s, Mailing Address (including county),
Grantee: William E. mt-son/and Wife, ROSe E. Wa n
Granlce-s Mailing Addrem (including county); Ott. 2, PH Road 1173
XrW (Denton county) , Texas 7624E9
4 520
Considcratinn: Ten Dollars $10.00) and otber gwd and valuable consideration,
and the further consideration of the gum Of $128► O.Op paid to grantor
by First Bankers Vlortgage Corp, Mender") at the instance
and request of grantee, as evidence of Which said grantee has executed
and delivered a promissory note of even date herewith that is in the
principal sum of $128,800.00 and is payable to order of Gender, which
is secured by the vendor's .lien herein retained and which vendor's lien
is hereby transferred to Lender, its successors and assigns, the payee
nanxd in said tote, and additionally secured by deed of trust of even
date herewith to James Geeslin, Trustee.
r
r
e
PrtVCny Iinciud14 Wny irtiprrlvviltcnN1:
.t-vT._4+4a� . �:•,�:lt ie477-e.S fi :—ice.7
YDL3295 PGOS I I
Being Tract 29 of LITT[,ENXM MATg , UNIT NO. 2, an Add i t ion to Denton
County, Texas r accord 1 ng to the Map thereof recorded In Volt&e 3 r Page
S ( of the Plat Records of Denton Counter. Texan
Rt`wjyjIions ((I III, jf1d ttt� u�rinr tE� t`r�[�lctziFW ►I"d �V'JIrJnI this conveyance is
aecepted subject to all easements, reservations, cor4itiorL9 f versa _n
ar4 restrict've covenants as 0e same air of recsord n the office of
extent that gaffe the County C1.srk of the county in ahi,ch tote Pro�ert�r is situated, to thgaffe ay to subject Property and remain in effect.
r.
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. :r: •: - � � .,. f.". aw':�a*rs:�!.4'.Zw.ru...j,.�:�r,.�a,tt�tri+s�w:yl�iifyyi�'y,r.yt•• •t ♦,:
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-'--- -= r.W +. t' --- - - .- '� .....-. Via. �.. ..�---'i--� ..'=ti'-. _ ev..- .. .t ,r ._ �.t-'••'S•�^.-a 'ti!.••.�-•�••'r.�:''t
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VOLtar, �. �rrarran atxi subj t to resery tiaras from drki exeepttun� to tau
f an on►e sto ran
tee tY a Maur e �roQc�y, tcygcther with all and singular the rights anti apiwrtenat►cts thereto in any Wise �lc belonging.
# have aril hold it to Grantee, GraAft's heirs. exeeutors� adminisirato
. selt�cesw , of assigns forever. Grantor hereby bin&
Gtntor and Grantor's heirs, excctttots. administrm"s, and wcccssvrs to warrant and forever defend
pre ctty tc� Granter and Granter's hcin, cxccutnrs. administrators. Im"ss�, and assi s atl singular the
14%%futly claiming or to claim the same or an gn , against cverY petwn whnmsmvcr
Y n thereof, except apt to the resmatinrrs rMrn and cxceptions to warranty.
The vcW0f'5 lice against and superior title to tl#-- propzny arc Maincd un#il each ttote docnl
tcrms. at which time this deed shall become absotute, s3cd is Cully paid according to its
%N'hcn the Context ftVires ingular nouns and prortmns include the plural,
i
Billy
CaVOIyn tea pin
(At: know kdgmef,j)
STATE or- TEXAS
COUNTYOF D '"I
This in,tcument was acknowledged h4orc me on t
byail.l Y � Mack � � day of August , ly ��
Upin aril twrife. Carol Maupin
f' � r, JANE '+11TCHELL Ire. &IAc ilf Te%
i 1 ti�ti NOTARY PUBLICN+11 .rune• (Prtnt%A).
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STATE QF TEX►a
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4('n pw41r ACk"WAtrdemcrttr
STATF OP TE XAS
COUNTY OF
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