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HomeMy WebLinkAbout2010-043sAour documentslordinancesU ftaA accepting non annexation agreements.doc ORDINANCE NO. 2010-043 AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE LION -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 PAA4 OF APPROXIMATELY 1,555 ACRES LOCATED ON THE SOUTH SIDE OF MILAM ROAD, NORTH OF LOOP 288, EAST OF 1-3 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 PAA4, 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 documentslordinances\10\paa4 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 PAA4,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 PAA4, as described and depicted in Exhibits A and B, which have been properly executed by the owners of those properties and which have legally sufficient property descriptions, are hereby approved by the City of Denton and are attached hereto and incorporated herein by reference as Exhibits "C-1" through "C� 35 ". SECTION 4. The City Manager is authorized and directed to sign the non -annexation A agreements contained within Exhibits "C- 1 " through "9:3 5 " for and on behalf of the City of Denton as a ministerial act, but with an effective date of this Council's action on same. The City Manager shall further arrange forthwith for the recordation of non -annexation agreements in the real property records of Denton County, Texas. SECTION 5. In the event the City Council does not annex that parcel identified as PAA4, 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. Passed by the City Council reading this 9th day of ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR ED AS O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r BY: Page 2 EXH I BIT A Annexation Tract PAA4 (Page 1 of 4) BEGINNING at point in the present Denton city limit line as established by Ordinance 2008 -137; said point being the northwest corner of the annexation tract described therein and also lying on the south right-of-way line of F.M. 3163 (Milani Road) 2008-137 THENCE South 01 ° 08' 3 5 " west continuing along the present Denton city I i m i t line established by Ordinance 2008-137 a distance of 2,996.05 feet to point for corner, said point being the southwest corner of the annexation tract described therein; THENCE South 890.10' 00" East continuing along the present Denton city limit line established by Ordinance 2008--137 a distance of 2,457.02 feet to a point for corner, said point being the most northerly southwest corner of a City of Denton annexation tract established and described by Ordinance 2007-077 (Tract 1); THENCE South 8 8' 54' 04" East continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 1) a distance of 197.47 feet to a point for a corner; THENCE South 020 28' 55" East continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 1) a distance of 965.89 feet to a po4. int for corner; THENCE South 01 ° 00' 33" East continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 1) a distance of 539.43 feet to a point for corner; THENCE South 00' 04' 12" west continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 1) a distance of 2,649.30 feet to a point for corner; THENCE South 00' 26' 12" west continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 1 ) a distance of 668.18 feet to a point for corner, said point being a southwest corner of said Ordinance 2007-077 (Tract 1) annexation tract and lying on the north line of a City of Denton annexation tract established by Ordinance 1985-151; THENCE North 89' 1 P 35" west continuing along the present Denton city limit line established by Ordinance 1985-151 a distance of 575 feet to a point for corner, said point being the northwest corner of said Ordinance 1985-151 annexation tract and also being theno rtheast corner of a City of Denton annexation tract established by Ordinance 2007- 077 (Tract 2); Annexation Tract PAA4 (Page 2 of 4) THENCE North 89' 32' 45" West continuing along the present Denton city limit line established by ordinance 2007-077 (Tract 2) a distance of 2,128.41 feet to a point for corner; THENCE South 00' 03' 28" West continuing along the present Denton city limit line established by ordinance 2007-077 (Tract 2) a distance of 26.07 feet to a point for a corner; THENCE North 89' 32' 32" West continuing along the present Denton city limit line established by ordinance 2007-077 (Tract 2) a distance of 972.02 feet to a point for a corner; THENCE South 01 ° 35' 2 3 " West continuing along the present Denton city limit line established by ordinance 2007-077 (Tract 2) a distance of 1.,003.38 feet to a point for corner; THENCE South 01 ° 34' 05" West continuing along the present Denton city limit line established by ordinance 2007-077 (Tract 2) a distance of 932.20 feet to a point for corner; THENCE South 8 8' 29' 12" East continuing along the present Denton city limit line established by ordinance 2007-077 (Tract 2) a distance of 1,541.64 feet to a point for a corner, THENCE South 00' 56' 25" Nest continuing along the present Denton city limit line established by ordinance 2007-077 (Tract 2) a distance of 185.30 feet to a point for a corner; THENCE South 88' 09' 02" East continuing along the present Denton city limit line 11 established by ordinance 2007-077 (Tract 2) a distance of 498.78 feet to a point for a corner, said point being a southeast corner of said ordinance 2007-077 (Tract 2) annexation tract and also lying on a west line of a City of Denton annexation tract established by ordinance 2002-257; TI-FENCE South 00' 56' 33" West continuing along the present Denton city limit line established by ordinance 2002-257 a distance of 6 feet to a point for corner; THENCE South 01 ° 06' 36" West continuing along the present Denton city limit line established by ordinance 2002-257 a distance of 1,764.22 feet to a point for corner; THENCE North 880 3 F 42" West continuing along the present Denton city limit line established by ordinance 2002-257 a distance of624.97 feet to a point for corner; Annexation Tract PAA4 (Page 3 of 4) THENCE South 02' 02' 28" West continuing along the present Denton city limit line established by Ordinance 2002-257 a distance of 40 feet to a point for corner, said point being the northwest corner of a City of Denton annexation tract established by ordinance 2007-077 (Tract 3); THENCE South 00' 23' 04" West continuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 3) a distance of 1,765.70 feet to a point for corner, said point being the southwest corner said 2007-077 (Tract 3) annexation tract and also being on the east right-of-way line of Bonnie Brae Road and being the northwest corner of a City of Denton annexation tract established by Ordinance 1980-26; THENCE South 00' 12' 13" West continuing along the present Denton city limit line established by Ordinance 1980-26 a distance of 450 feet to a point for corner, said point being the northeast corner of a City of Denton annexation tract established by ordinance 1982-4; THENCE North 890 04' 24" West continuing along the present Denton city limit line established by Ordinance 1982-4 a distance of 1,791.93 feet to a point for corner; THENCE North 5 80 2 P 24" Test continuing along the present Denton city limit line established by Ordinance 1982-4 a distance of 926 feet to a point for corner, said point being the southeast corner of a City of Denton annexation tract established by ordinance 1986--6; THENCE North 000 25' 59" East continuing along the present Denton city limit line established by Ordinance 1986-6 a distance of 1,845.44 feet to a point for corner; THENCE North 00' 22' 28" East continuing along the present Denton city limit line established by Ordinance 1986-6 a distance of 506.6 feet to a point for corner; THENCE South 89' 27' 00" East continuing along the present Denton city limit line established by Ordinance 1986-6 a distance of 1,033.4 feet to a point for corner; THENCE North 00' 22' 27" East continuing along the present Denton city limit line established by Ordinance 1986-6 a distance of 564.11 feet to a point for corner; THENCE North 890 31' 39" West continuing along the present Denton city limit line established by ordinance 1986-6 a distance of 2,485.31 feet to a point for corner, said point being the northwest corner of said ordinance 1986--6 annexation tract and also being the northeast corner of a City of Denton annexation tract established by ordinance 1998-224; EXHIBITS Q L� I F.M. 3103 Milam E -- M llam W E D D i3 Ganzer W 00 - D D D Ba hold 0 - �wF. �176 r ter`. City of Denton, Texas PAA4 - 1,550 Acres NICHOLES Feet 0 600 1,200 21400 31600 After recording return to Jennifer Walters City Secretary 215 E. McKim -ley Denton., TX 76201 CHAPTER 212 TEXAS LOCAL GOVER NMENT 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 Alatzas Family Limited Partnership ("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 as Lot 16, in Block A of IVlilam Creek Ranch, Phase II, according to a plat recorded in Cabinet 0, Slide 385, Plat Records of Denton, County, Texas, and commonly known as Tax Parcel No. 202616, per warranty Deed attached hereto as Exhibit A. consisting of approximately 4. 95 acres of land. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETY') for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows Section 1. Continuation of ETT 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 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 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 Plans 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 — 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 Conlmisslon 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. 91 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 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 anmexation 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. Elan Street Denton, Tx 76201 Section 7. Recordn . This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. S eyerability. Revalidation 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 Multi -ale 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 l on , 2010. Alatzas Family Limited P rtnership; Owners Va George Alatzas, Mana ' ng Partner P• ' � j Idee Alatzas, Secretary T60surer THE CITY of DENTON, TEXAS By. City Manager, Deputy City Manager, or Designated Representative 5 THE STATE OF TEXAS COUNTY OF DENTGN Alatzas. This instrument was acImowledged before me on the 7"' day of January, 2010, by George ,r ... ..+. . . . . . .. . .. . .. . . i vli �►' , THE STATE OF TEXAS COUNTY OF DENTGN Alatzas. c�1ti., L%G Notai Public, State of T04S This instrument was acknowledged before me on the 7"' day of January, 2010, by Idee {l CTe1... ;a .:::....:. .. ...::... . THE STATE OF TEXAS � y Notary Public, tate of Te s This instrument was aAesignatAA ged bef r me on the day..-.00 ,2010, by y anage eputy City ManagerRepresents ive, on behalf of the City of Denton, S e J NNIFER K, WALTF.RS y '1 1° Notary Public, State of Texas 1 + F W L M My COMMlSslnn Expires on "`'ti �4 nary P c, State of Texas 6 L 4 2 _. Page 2 of 4 LVARRANWD 1 Dated as of: May 21., 27 Grantor; 11ICRS FAMILY TRUST, formerly NEW BRITAIN INVESTMENTS CON Grantee: ALATZAS FAMILY LIMITED PAR HIP E Grantee's Mailing Address (including county): George Alatzas 10312 Countryside Drive Denton Texas 76207 Consideration: TEN AND NO/100mummmomm„"Mom*m*m-mu-_..__($1a,000)mwo...___-DOLLARS and other good and valuable consideration. Property (including any improvements). BEING Lot 16, in Block A, of Milam Creek Ranch, Phase II, an Addition to Denton County, Tons, according to the Map or Plat thereof recorded in Cabinet 0, Slide 385, Plat Records, Denton County, Texas. Grantor hereby grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging,, to have and hold it to Grantee, Grantee's heirs, executors, tmtors, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, ..Mors, and successors to " warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully winning or to � the same or any part thereof, except as to the reservations front and exceptions to conveyance and warranty, When the context uires, singular nouns and pronouns include the plural. HICKS FAMILY UST formerly, NEW BR TMENT COMPANY Y; C M AID iTs SG MEMBER OF THE BOARD OF TRUSTEES i 61424 Page 3 of 4 f a (ACKNOWUDGEMENT) STATE OF NLVADA } } COUNTY OF CLARK } This instrument was a aowledged before me on the day of May, 2007, � i by Christopher FuUman, as Sale Trustee and Sole Member of the Ord of Trustees of the Hicks Family 'Trust, formerly called New Britain Investment Company. N6TARY PUBLIC � STATE OF NEVADA County of Clam aolx omm"-wwo No, 97,1432-1 NAB HrrE Notary Public, State of -ETA MY_ApE21ntmqnt qVires Feb. 28, 2009 A)Wdz F AFM RIECORDG PI F A E RETURN TO: Chicago Title Lewisville 543 West Main Street • suite 101 Uwisville TX 75057 61424 Page 4 of 4 RMLIYON of HICKS FLY TRUST, formerly NEW HR ffAYN UMSTNW.NTS CO. The sale member of the BOARD OF TRUSTEES, Christopher FuUman, adopted the following resoluticu; Tie Manager of Hich Family Trust, formerly wed New Britain Ynvestnlents Co., George ''wade Him, is hereby authorized to deliver a warranty Deed conveying all the interest of Hicks Family Trust in Lot 16; in Block A, of Milam Qek Ranch, Phase B, an Addition to Denton County, Texas, for the consideration described in an Unimproved Property Contract wherein Hicks Family 'Trust aka New Britain Investments Co. a nmed as Seller and Alatzas Fantily Limited Partnership is named as Buyer. The Manager is authorized to emote the Settlement Statement and any other document required to effectuate the transfer and sale of the property from Hips Family Tract to the Buyer A1atzas Family LP, his si ..are on the Unimproved Property Contract is hereby armed on behalf of Hiclo Family Trust, This will mconfhm that as of January 1, �, New Britain Investments Co. d its name to Rids Family Trust to better reflect its purpose under its estate plan. "I'his business action is approved by the Board which hereby author the signature of the First Trustee to execute the Warranty Deed and auftwim the delivery of the Warranty Deed to Chicago Title Company lewd"e to further the closes of title to the property, The execution of business agmments and route day-to-day matters not requiring a Minute may be carried out as is convenient by George wade Hicks, who is a Board appointed Manager of the Hick Fay. Trust, formerly the New Britain Investment Co. DATED: As of May 1.8, 2007, BY: S"11ft "ULLMAN FIRS USTEE & SOLE MEMBER OF THE BOARD OF TRUSTEES Minutes of NEW BRITAIN INVESTMENTS CO. Page Solo After recording return to: Jenliifer 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 Daniel and Cindy Arnoldy ("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 Lot 4, Block B, Milam Creek Ranch, Phase I, an Addition in Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 284, of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain General Warranty Deed dated March 5, 2008 from Curtis N. Hughes and wife, Sheila J. Hughes to Daniel Arnoldy and Cindy Arnoldy, filed for record on March 13, 2008 and recorded in Instrument Number 2008-26880 of the Real Property Records of Denton County, Texas. Said Lot 4, Block B, Milam Creek Rancb, Phase I, is commonly known as DC14D Property ID No. 1883 72. 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 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 Propeny during the ternn 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: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the tern. of this Agreement and any extensions agreed to by the Parties shall be limited to farm -related and ranch -related uses and customary accessory uses, and single-family detached farm. or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing_ Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"),, as amended pursuant to The Denton Plan, 1999--2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; 2 d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j . National Electric Safety Code, 2003 Edition, with regional amendments-, k. Minim -Lim 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 Enviromi'iental 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 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 anulexation 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 finrther 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. M 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 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 r= , 2010. Owners �ct�YuRX Li1%l�u' 'v�,y1 Daniel Arnoldy Cindy Arnold THE CITY OF DENTON, TEXAS By. City IVlanag r, Deputy City MR' anager, or Designated Representative �i THE STATE OF TEXAS COUNTY OF DENTON THE STATE OF TEXAS COUNTY OF DENTON This instrument was aclalowledged before me on the day of 2010, by Cindy Arnoldy. Notary Public State of Texaa L ?' • - h1Y Cf�1 r�MISSlDN EXgiR�' `; March 2, 2ai 3 OF t' r THE STATE OF TEXAS COUNTY OF DENTON Notary Public, State of Texas This ins ent was a lalowledged before o-ehe ��� `' day o 4A,20� by &V � City Manag /Deputy City Manag r/Designated Representa7Ae, on behalf of the City of Denton, Texas. Pvr. JENNIFER K. WALTER$ 44�a ai �rz'''• Notary Public, Sty 8 Texas H f` icy Cory1tviltsion Ppires APPROVED AS TO LEPAL-.FO- _ - : ANITA BURGESS" CITY ATTO Y BY:/ � i AA 4 4 NqryPublic, Pf to of Texas Cr After recording return to: Jennifer Walters City Secretary 1aneousl1 Olannexationsljesse f, baker non -annexation agreement.doe 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 Jesse F. Baker alkla J.F. Baker ("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 20.83 3 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being comprised of a 19.23 acre tract of land, more or less, conveyed by that certain Deed dated September 13, 1993 from the Veterans Land Board of the State of Texas to Jesse F. Baker, filed for record on October 25, 1993 and recorded in Instrument Number 93-R0075347 of the Real Property Records of Denton County, Texas, and more fully described in that certain Contract of Sale dated October 26, 1964 from the Veterans Land Board of the State of Texas to Jesse F. Baker, filed for record on November 2, 1964 and recorded in Volume 515, Page 229 of said records; together with a called 1.603 acre tract of land, described in a Warranty Deed dated August 6, 1965 from David Mulkey to J.F. Baker, filed for record on August 20, 1965 and recorded in Volume 527, Page 224 of the Real Property Records of Denton County, Texas. Said 20.833 acres of land, more or less, is commonly known as DC14D Property ID 3 74 72. ,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 ("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 shove 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 1 sAour documents\miscell aneous\14\annexations\jesse f, baker non -annexation agreement.doe WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm -related and ranch -related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc, Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-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, Forth Central Texas, 3rd Ed. 1998 (NCTCOG Manual); 6, sAour documents\miscellaneous\10\annexations\jesse f. baker non -annexation agreement.doc (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting. a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j . National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 43 7 and § § 17-141 —' 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and 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 91 sAour documentslmiscellaneous1141annexationsljesse f, baker non -annexation agreement,doc and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Codes 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 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 40 court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. M sAour documents\miscellaneousl10lannexationsljesse f. baker non -annexation agreement.doc 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 2 2010. Owners Jesse F. Baker THE CITY of DENTON, TEXAS By. City Manager, Deputy City Manager, or Designated Representative 61 sAour documents\miscellaneous\10\annexationsljesse f. baker non -annexation agreement.doc THE STATE OF TEXAS COUNTY OF DENTON F This instrument was acknowledged before me on the day of 20105 by Jesse F. Baker. Ao, DICK Notary public state of TOM* . VAwvb 2, 1 THE STATE OF TEXAS COUNTY OF DENTON rl Notary Pub ic, State of Texas This instrum rat was ac owled d before the day of ,26 by City Mana er/Deputy City Manag /Designated Representati , on behalf of the City of Denton, Texas. ►11!l111� ypU�' � i JENNIFER K, WAS. EH Notary Public, State of o as Nly comrrllsslon Expires i Ao.=:� C No a y Publ , tate of Texas C 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 Albert L. Belanger and Susan K. Belanger ("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 General Warranty Deed with Vendor's Lien to Albert J. Belanger and wife, Susan K. Belanger, which is recorded at vol. 4930 page 02235 of the Deed Records of Denton County, Texas, legally described as Lot 2, Block A, of Milam Creek Ranch, Phase I, according to a plat recorded in Cabinet M, Page 284 of the Plat Records of Denton County, Texas, and commonly known as Tax Parcel No. 1883 66, which is attached hereto as Exhibit A. consisting of approximately 3.004 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 ("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 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 warps Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Sub chapter 24, adopting,-, a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; 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; 4. 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 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 Party 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. Severabil ty. 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 4. 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 Albert J. lange Susan K. Belanger THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative k THE STATE OF TEXAS COUNTY OF DENTON } / � This instrument was acknowledged before me on the ��� 2010, by Albert J. Belanger. aso•►a41 SM10UVIS onend Air THE STATE OF TEXAS COUNTY OF DENTON day off: Notary P blic, State of Texas This instrument was acknowledged before me on the day of dtvl�� k, .,A 2010, by Susan K. Belanger. 1) �6-' .......:...... C'1... TI-E STATE OF TEXAS COUNTY OF DENTON r Notary Nblic, State of Texas This instrument was ackn ledged be re me ory the day ---oaf ,2010, by1_JIM ity anager eputy City Manager/Designated epresentati e, on behalf of the City of Den , x '��Y r�'r JENNIFER K. IIVALTM •= Notary public, State of Texas 4 . k ,4 4-F My Commission Expires APPROVED AS TO LEGAL:E.Q ANITA BURGESS; -CITY ATTORNEY C� joary Pub ,State of Texas Exhibit A 9930 02235 GENERAL WARRANTY DEED WITH VENDOR' S LIEN (WITH SUBORDINATE VENDOR'S LIEN) 101454 THE STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT CRAIG A. TURNER and BEVERLY TURNER, hereinafter called "GRANTOR" (whether one or more), for and in consideration of the sum of TEN AND N0I100 DOLLARS ($10,44) cash and other good and valuable consideration to GRANTOR in hand paid by, ALBERT J. BELANGER AND WIFE, SUSAN K. BELANGER , whose mailing address is 5874 NIILAM RIDGE, SANGER, TEXAS 76266, hereinafter called "GRANTEE" (whether one or more), the receipt and sufficiency of which are hereby acknowledged, and for the further consideration of the sum paid to GRANTOR by FIRST STATE BANK OF TEXAS, hereinafter called FIRST -LIEN BENEFICIARY, at the special instance and request of GRANTEE, the receipt and sufficiency of which sum, being in the amount of $190,000.00, is hereby -acknowledged and confessed; and as evidence of such advancement, GRANTEE has executed GRANTEE'S note of even date herewith for such amount payable to the order of FIRST -LIEN BENEFICIARY, said note payable as provided therein; and the payment of said note is secured by a vendor's lien reserved herein and is additionally secured by a deed of trust of even date with said note, executed by GRANTEE to JERRY PAVLAS, TRUSTEE, reference .to which. deed of trust is hereby made for all purposes; and in consideration of the payment by FIRST -LIEN BENEFICIARY of the sum specifie' in. said' dn..ad of trust, ' GRANTOR hereby transfers, sets over, assigns, and conveys unto FIRST -LIEN BENEFICIARY and its assigns a vendor's lien and superior title retained and reserved herein against the property and premises conveyed herein in the same manner and to the same extent as if said notes had been executed in GRANTOR'S favor and assigned by GRANTOR to FIRST -LIEN BENEFICIARY without recourse; and GRANTOR has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY unto said GRANTEE, the following described real property, to -wit: BEING LOT 21 BLOCK A, OF MILAM CREEK RANCH, PHASE 19 AN ADDITION TO DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET M, PAGE 284, PLAT RECORDS OF DENTON COUNTY, TEXAS TO HAVE AND TO HOLD the above -described premises, together with all and singular the rights and appurtenances thereunto in anywise belonging unto said GRANTEE and GRANTEE'S heirs and assigns forever. GRANTOR does hereby bind GRANTOR and GRANTOR'S heirs, executors, and administrators to warrant and forever defend, all and singular, the. said premises unto the said GRANTEE and GRANTEE'S heirs and assigns, against every person whomsoever lawfully claiming; or to claim the same, or any part thereof. Taxes of every .nature for the current year have been prorated and are assumed by GRANTEE. This conveyance is made subject to, all and singular,, the restrictions, - mineral: reservations, royalties, conditions, easements, and covenants, if any, applicable to and enforceable against the above -described property as reflected by the records of the County Clerk of the aforesaid County. . GRANTOR and GRANTEE also acknowledge the retention of a second, subordinate and separate vendor's lien, and GRANTOR hereby transfers the same to F RST STATE BANK OF TEXAS, hereinafter called "SECOND -LIEN BENEFICIARY", which lien secures GRANTEE'S certain othermote note of even date to SECOND -LIEN BENEFICIARY in the amount of $65,000.00, being further consideration paid to GRANTOR, as more particularly described in deed of trust of even date herewith to JERRY PAVLAS, TRUSTEE, But it is expxessly agreed and stipulated that the vendor's lien and superior title are retained in favor of the FIRST -LIEN BENEFICIARY and SECOND -LIEN BENEFICIARY, respectively, against the above described property, premises and improvements, until each of the above respective notes is fully paid according to its terms, when this deed shall become absolute. When this deed , is executed by more than one person, or when the GRANTOR or GRANTEE is more than one person, this instrument shall read as though pertinent_ verbs, nouns and pronouns were changed to correspond, and when executed by or to a corporation, the words "heirs, executors and administrators" or "heirs and assigns" shall be construed to mean "successors and assigns." EXECUTED this v� � day of CRAIG Al.TURNER RLY 930 02236 THE STATE OF TEXAS (Acknowledgment) COUNTY OF -�-T This instrument was acknowledged, before e e m on the day ❑f.#{� by CRAIG A. TURNER and BEVERLY TURNER Ir SANDRA E. LOFrON i' •;�' = Notary Public, State of Texas ':,�;• •• ,= My Commission Exp.11-16-2ao2 y commission expires otary Public, S of Printed Name: THE STATE OF TEXAS (Acknowledgment) COUNTY OF This instrument was acknowledged before me on the day of , by.. .... My commis s ion expires THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of by My commission expires THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of by My commission expires THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of by of a , on behalf of said Notary Public, State of Printed Name; (Acknowledgment) Notary Public, State of Printed Name. (Acknowledgment) Notary Public, State of Printed Name: (Corporate/Entity Acknowledgment) My commission expires Notary Public, State of Printed Name: - r AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: ALBERT J. BELANGER and SUSAN K. BELANGER THE LAW OFFICE OF MICHAEL K. HAINES 5874 NULAM RIDGE 5950 BERKSHIRE LANE, SUITE 1650 SANGER, TEXAS 76266 DAL.LAS, TEXAS 75225 (214) 360-4500 Re. 5874 M LAM RIDGE SANGER TEXAS 76266 u.93o oz23a THE V, fie SEP 2 6 2001 A Az" COUNTY GLeAK GENTON COUNTY. TEXAS After recording return to Jennifer Walters City Secretary 215 E e McKirnzey 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 Albert L. Belanger and Susan K. Belanger ("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 to Albert J. Belanger and wife, Susan K. Belanger, which is recorded at vol. 5189 page 03302 of the Deed Records of Denton County, Texas, legally described as Lot 3, Block A, of Milam Creek Ranch, Phase I, according to a plat recorded in Cabinet K Page 284 of the Plat Records of Denton County, Texas, and commonly known as Tax Parcel No. 188367, which is attached hereto as Exhibit A, consisting of approximately 3.048 acres of land. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETY') for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23 . C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may. be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Developmen t t 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 DD C 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 P an to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 1 S 0--day period during which the Development Plan is in effect. Section 5. A reement 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 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. M Section 8. Severabillty. 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 11 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 �A Albert J. B e 1 ger usan K. Belanger THE CITY OF DENTON, TEXAS By. City Manager, Deputy City Manager, or Designated Representative R THE STATE OF TEXAS COUNTY OF DENTON I This instrument was acknowledged before me on the day of 2010, by Albert J. Belanger. TUN! RE©Y NOTARY y STATE OF THE STATE OF TEXAS COUNTY OF DENTON yyyyxxL� Nota Public, State of T as This instrument was acknowledged before me on the day o • 1/1 C 20105 by Susan K. Belanger. .................. ....... .... s THE STATE OF TEXAS COUNTY OF DENTON No Public, Notary u State dfexhs This instrument was ack ledged bef 6e me on the da --.. a ,2010, by � City alter ep ty City Manager esignate RepresentatWe , on behalf of the City of Denton, �41 VP JENNIFER K. WALTERS w a N Notary publlr� Stag og Texas My CommIres ' skin Exp .44 R _2010 on Aaf0S� C: yPub 1 ,State Df Texas 5 f 89, n-1302 Exhibit A 129137 WARRANTY DEED WITH VENDOR'S LIEN Date. OCTOBER 8, 2002 Grantor: BRIAN D. CALKINS and wife, STEPHANIE A. CALKINS Grantor's Address: 8143 CRESTVIEW ROAD SANGER, D ENT ON COUNTY, TEXAS 76266 Grantee: ALBERT J. BELANGER and wife, SUSAN K. BELANGER Grantee's Address, 5874 MILAM RIDGE ROAD SANGER. DENTON COUNTY, TEXAS 76266 Consideration: Cash and a note dated October 8, 2002, executed by Grantee and payable to the order of COMNIUNITYAMERICA CREDIT UNION, a Missouri credit union, in the principal amount of THIRTY-FIVE THOUSAND SEVEN -HUNDRED AND NO110 0 DOLLARS ($35,700.00). The note is secured by a first and superior vendor's lien and superior title retained in this deed in favor of CO TYAMERICA CREDIT UNION, and by a first -lien deed of trust dated October 8, 2002 from Grantee to LEON G. KUSNETZKY, Trustee. Property (including any improvements) : Being LOT 3, BLOCK A, of MILAM CREEK RANCH, PHASE I, an Addition to DENTON COUNTY, TEXAS, according to the Plat thereof recorded in CABINET M, PAGE 284, PLAT RECORDS OF DENTON COUNTY, TEXAS. Reservations: NONE 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 taken; validly existing easements, rights -of - way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests outstanding in persons other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; and taxes for 2002, which Grantee assumes and agrees to pay. GF021004WDYL,doc Page 1 of 4 Pages 5189 03303 Grantor, for and in consideration and subject to the Reservations from Conveyance and Exceptions to Conveyance and warranty, grants, sells, and.conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee, 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 Exceptions to Conveyance and warranty, COMMUNITYAMERICA CREDIT UNION, at Grantee's request, has paid in cash to Grantor that portion of the purchase price of.the Property that is evidenced by the note. The first and superior vendor's lien against and superior title to the Property are retained for, the benefit of COMMUNITYAMERICA CREDIT UNION and are transferred to COMMUNITYAMERICA. CREDIT UNION without recourse against Grantor. 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. GRANTOR: BRIAN D. CALKINS ST HANIE A. CALKINS GF#2.21004WDYL.doc Page 2 of 4 Pages 3• 1 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This document was acknowledged before me on this dayby BRIAN D. CALKINS and wife, STEPHANIE A. CALKINS, personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the, foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed, Given under my hand and seal of office this day of October, 2002, s Mjt i A' E. LOFTON JtNotaryPublic, of ;. ■ *14. -FNY Commission Exp. 11 -16-2002 1 ACCEPTANCE BY GRANTEE ALBERT J. BELANGER and wife, SUSAN K. BELANGER, as Grantee, accepts the attached deed and consents to its form and substance. Grantee acknowledges that the terms of the deed conform with Grantee's intent and that they will control in the event of any conflict with the contract Grantee signed regarding the Property described in the deed. J SUSAN K. BELANGER, antee GF#22J004WDVL,doc Page 3 of 4 Pages 189 0330-5 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF _ This doewnent was acknowledged before me on this day by ALBERT J. BELANGER and wife, SUSAN K. BELANGER, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this Pre day of October, 2002 AFTER RECORDING RETURN TO, ALBERT J. BELANGER AND SUSAN K. BELANGER 5874 MILAM RIDGE ROAD SANGER, TEXAS 76266 PREPARED IN THE LAW OFFICE OF: HUGH L. MARSHALL, PLLC ATTORNEY AT LAW 1112 DALLAS DRIVE SUITE 405 D.ENTON, TEXAS 76205 • � ir• r k of Texas GF#221 Q04WDVL.doc Page 4 of 4 Pages 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 Jerry C . Caldwell ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 3.706 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated April 26, 1965 from David Mulkey to Jerry C. Caldwell, filed for record on May 10, 1965 and recorded in Volume 523, Page 97 of the Real Property Records of Denton County, Texas. Said 3. 06 acres of land, more or less, is commonly known as D CAD Propero) ID No. 3 7451. WHEREAS, he it has given notice . WH S, t City g vof its intent to rnstl to a "'ex son 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 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; Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to aimex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development ,Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm --related and ranch --related uses and customary accessory uses, and single --family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subj ect to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plait, 1999-2020, as amended, including bit 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 — 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 3 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. S everabi. 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 platters 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. I 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 instniment. Section 13 Term and Fxten.oi nn _ of five (5) years from The initial term of this Agreement shall be for a period 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- , 2010. Owners Jerry .Caldwell THE CITY OF DENTON, TEXAS y: City Manag r, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON THE STATE OF TEXAS I COUNTY OF DENTON } This instient was a alowledged before ii the day 12by City Manager/Dep ty City Manag r/Designated Representati � , on behf talf e City of Denton, Texa d-m illy) JENNIFER Kr WALTERS N t y ubli , date of exas r. Notary Public, State of Texas r � w' My Commisslon Expires DOOOMbor 19, 2010 L After recording return to Jennifer Walters City Secretary ellaneousll olannexations%ent eldon carter & margie m carter non-amexation,doc 215 E. McIC'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 Bent Eldon Carter & Margie M. Caner ("owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 2.360 acres of land, more or less, situated in the J. Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated June 20, 1997 from Reba M. Carter to Bent E. Carter and Margie M. Carter, husband and wife, filed for record on June 20, 1997 and recorded in Instrument Number 97•-R0041516 of the Real Property Records of Denton County, Texas. Said 2.360 acres of land, more or less, is commonly known as DC,4D Property ID 191283. 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 s 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, Texass sAour documents\miscellaneous\10\annexations\bent eldon carter & margie m carter non-annexation,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 terra of this Agreement and any extensions agreed to by the Parties shall be limited to farm -related and ranch -related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual), (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; 2 sAour documents\miscellaneous\10\annexations\bent eldon carter & margie m carter non-annexation.doc d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. k 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 16 operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 sAour documents\miscellaneous\10\annexations\bent eldon carter & margie m carter non- annexation. doc permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntgy Annexation. (A) If an owner flies 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 Is ect to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 5. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee.' A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. sAour documents\miscellaneousl10lannexations\bent eldon carter & margie m carter non-annexation.doc S ection 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 far a period of five (5) years from the Effective shall be the date the Agreement is mutual agreement of the Parties. . Date (the "Term"). The Effective Date of the Agreement executed by the City. The Term may be extended upon Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of 0 52010. Owners A� v 1,2 Bent Eldon Carter 12Z W6, "" .� Margie M. 04rter THE CITY OF DENTON, TEXAS By• City Manager, Deputy City Manager, or Designated Representative M s:lour documentslmiscell aneousll Olannexationslbent el don carter & margie m carter non -annex ation.doc THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of , 2010, by Beat Eldon Carter. tA Notary Public, State of Texas COUNTY OF DENTON AV- ., This instrument was acknowledged before me on the P day of , 2010, by Margie M. Carter. ar Pia ���1�T1 All DICK ' '�•� Notary Public State of Yex .. t ; MY Cof AMISSION EXPIRES #Aarah 2, 2013 Y : _a3 YHE STATE OF TEXAS } COUNTY OF DENTON This instrument was "3, a Notary Public, State of Texas o ged before on the day o ,20 y City Manag r/Deputy City Manage (Designated RepresentatWe, on behalf cf the City'of Denton, Te ►►� �U,,, JENNIFER K, WALTERS Notary Public, State of Texas � Ike X*1 My Commission Expires � Decomber 19, 2010 flit. s:+a�me.ac.amaar.• APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY._AT.TORN�Y.. r 0A1 ubitric,Vte of Texas tar After recording return to Jemiifer Walters City Secretary JIaneouAIDlannexationslbent eldon carter non-annexation.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 Bent Eldon Carter ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 1.346 acres of land, more or less, situated in the J. Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General Warranty Gift Deed dated December 30, 2009 from Reba M. Carter to Bent Eldon Carter, filed for record on December 30, 2009 and recorded in Instrument Number 2009-147763 of the Real Property Records of Denton County, Texas. Said 1.346 acres of land, more or less, is commonly known as DCAD Property .ID 334527. 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 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; sAour documentslmiscellaneousl10lannexationslbent eldon carter non-annexation.doc Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm -related and ranch -related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b . International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; sAour documents\miscellaneousl10lannexationslbent eldon carter non-annexation.doc e. International Fuel Gras Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; 4. h. International Energy Conservation Code, 2006 Edition with regional amendments; 1. National Electric Code, 2005 Edition with local amendments. j J. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 -- 437 and §§ 17-141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and In. Moving Buildings, Denton Code §§28-326 — 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. 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 3 sAour documents\miscellaneous\101annexationslbent eldon carter nor-annexation.doc 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: Voluntgy Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan e 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. M sAour documents\miscellaneous\IOlannexationslbent el don carter non-annexation.doc 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 Bent Eldon Carter THE CITY of DENTON, TEXAS By: City anager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This Instrument was acknowledged before me on the day of , 2010, by Bent Eldon Carter. Sol As DICK hlatary Public State �f TeX1. • My 00fAmIsSIOW EXPIRES }�VW0 20 2013 now .# Notary Public, -State' of Texas z sAour documents\miscellaneous\101annexations\bent eldon carter non-annexation.doc THE STATE OF TEXAS I COUNTY OF DENTON I This instrument was ackowle&ed before RepresentatN on behalf of the City of Denton, Te .�,` WALtERS otary ptibil , tato of Texas •���F* . l + ; My COMMI6mlon eXpires ��Itt}�t►101-90mbot 2070 APPROVED AS -TO LEGAL FARM — — 7 ANITA BURGESS, CITY ATTORNEY 9. e^on the day o ,2Q��, by City ManagerDeputy City Manag /Designated N t ryPub�State of Texas r Z After recording return to: Jennifer Walters City Secretary celIaneouAIft nexationslreba m. carter non- annexation. doc 215 E. McKilmey 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 Reba M. Carter ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 3.706 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in the Second Tract of that certain Warranty Deed with Vendor's Lien dated April 22, 1965 David Mulkey to Willie F. Carter, filed for record on April 27, 1965 and recorded in Volume 522, Page 556 of the Real Property Records of Denton County, Texas. Said 3.706 acres of land, more or less, is commonly known as DC,4D Property ID 3 7446. 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; sAour documents\miscellaneous\I0\annexations\reba m. carter non-annexation.doc Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the terra of this Agreement and any extensions agreed to by the Parties shall be limited to farm -related and ranch -related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including constructions drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: 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; 4. d. International Plumbing Code, 2006 Edition with local amendments; 0) sAour documents\miscell aneous\I0\annexationsVeba m, carter non- annexation. doc 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. Section 4. Develo-oment 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 3 sAour documents\miscellaneous\IOlannexationslreha m. carter non-annexation.doc 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. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. M sAour documents\miscellaneous\10\annexationslreba m. carter non-annexation,doc 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 ;� -A--,92010. Owners Reba M. Carter THE CITY OF DENTON, TEXAS By. l City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 2010, by Reba M. Carter. OWN 0 A. • �� Notary Puhic 5tats of Texio A" C� MiSIto1H EXPIRES 2013 maw i Notary ublic, State of Texas z s:lour documentslmiscelIaneousll Olannexationslreba m. carter non -annex at ion. doc TIC STATE OF TEXAS I COUNTY OF DENTON I is instrumter was aeknowledL:red before Representative, '6ehalf of lf.e/City of Denton, Te ►�►��r�,,, JENNIFER K. WALT RS Notary public, State of Texas My Commisslon Expires APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY-.,-,__ M day o ,20/ b .� y /Deputy City Manage /Designated .4&1.alu)b t f ry Pub i , State of Texas f rJ After recording return to: Jennifer Walters :eIIaneouAIO\annexationslshawn & lisa carter 2.00 ac.doc City Secretary 215 E. McKinney Denton., TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON -ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and Shawn P. Carter and Lisa M. Carter ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 2.00 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Gift Warranty Deed of Correction dated May 2, 2000 from Reba M. Carter to Shawn P. Carter and wife, Lisa M. Carter, fled for record on May 2, 2000 and recorded in Volume 4580, Page 795 of the Real Property Records of Denton County, Texas. Said 2.00 acres of land, more or less, is commonly known as DCAD Property ID 219639. 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 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 terra of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43,035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; 1 sAour documentslmiscelIaneouslI Olannexationslshawn & Iisa carter 2.00 ac.doc NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to 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 sAour documents\m is cell aneou s\ I O\annexations\sh awn & lisa carter 2.00 ac.doc d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gras Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; 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 W 141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and M. Moving Buildings, Denton Code §§28-326 — 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 sAour documents\miscellaneous\10\annexations\shawn & lisa carter 2.00 ac.doc permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section S. Agreement Deemed Void in Part; Voluntga Annexation. (A) If an owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. owners expressly and irrevocably consent to annexation of the Property under such circumstances. owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. Ell s:\our documentslmiscetIaneous\IDlannexationslshawn & lisa carter 2.00 ac.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 ability to annex the properties covered herein pursuant to Section 4. Section 11. venue. venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Co a 0 es. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. of five (5) years from. the Effective shall be the date the Agreement is mutual agreement of the Parties. The initial term of this Agreement shall be for a period Date (the "Term"). The Effective Date of the Agreement executed by the City. The Term may be extended upon Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections, The Parties hereto have executed this agreement as of 4 4- , 2010. THE STATE OF TEXAS COUNTY OF DENTON W THE CITY OF DENTON, TEXAS By. C iW� ( - ty Manage , Deputy City anager, or Designated Representative s:lour documents\miscellaneous\10\annexationslshawn & Iisa carter 2.00 ae.doe THE STATE OF TEXAS COUNTY OF DENTON THE STATE OF TEXAS COUNTY OF DENTON This inst rw ent was ekno iedged before m .on the- day o ,2C �, by City anag r/Deputy City Manag r/Designated Representa e, on beliW of the City of Denton, Texa . of y Pubs tate of Texas JENNIFER �� W�I�, R5 Notary Public, State of Texas ems+ R �•r. .i47 MY Commission ! Expires ra ■r �! APPROVED AS TO LE-, kL FORM: ANITA j3U-R-GE9'S'S5,:-C ITY ATTORNI Y� z After recording return to: Jennifer Walters �11aneousli olannexationslshawn paui carter non -annexation. 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 Shawn Paul Carter ("owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 1.706 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General warranty Gift Deed dated December 30, 2009 from Reba M. Carter to Shawn Paul Carter, filed for record on December 30, 2009 and recorded in Instrument Number 2009-147764 of the Real Property Records of Denton County, Texas. Said 1.706 acres of land, more or less, is commonly known as DCAD Property ID 334526. 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; sAour documents\miscellaneous\10\annexations\shawn paul carter non- annexation. doc 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 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; C. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; 0) sAour documentslmiscell aneouAIOlannexationslshawn pawl carter non-annexation.doc 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 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 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 3 sAour documents\miscellaneous\10\annexations\shaNvn Paul carter non-annexation.doc 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 laws 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 reement Deemed Void in Part• VoluntLry. 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. Sever Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. sAour documents\miscellaneous\10\annexations\sha`vn Paul carter non-annexation.doc Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple, Coles. 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 "Team"). 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 14 -5� , 2010. THE STATE OF TEXAS COUNTY OF DENTON o S c,-'Aawn Paul Carter THE CITY OF DENTON, TEXAS By: ez��� City Manager, Deputy City Manager, or Designated Representative 5 sAour documents\miscellaneousl101annexationslshawn pawl carter non-annexation.doc TIC STATE OF TEXAS COUNTY OF DENTON This instrume was Z led d before eon ..thy day ,2 , by e&(Ane J9 ZI t Manage eputy City Manag r/Deslgnated Representative, n behalf of e City of Denton, 'Texas. jENNIFER K, WALTERs V, .01 Notary Public, State of Texas Wry ub c State of Texas N. .�,i My Coat Ismon expires APPROVED AS , rTO_. �E ANITA_BURGt§ S, CIT 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 Ozzie & Linda Chapa ("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 Lot 10, Block A, of Milam Creek Ranch, Phase II, an Addition to Denton County, Texas, according to the -nap or plat thereof recorded in Cabinet O, Slide 385 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated December 30, 2008 from. Daniel A. Cooper and wife, Amy D. Cooper to Ozzie Chapa and Linda Genneken Chapa, filed for record on December 31, 2008 and recorded in Instrument Number 2008- 137843 of the Real Property Records of Denton County, Texas. Said Lot 10, Block A, Milani Creek Ranch, Phase II, is commonly known as DCAD Property ID No. 202610. WHEREAS, the City has given notice of its intent to institute annexation proceedings fjr 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 CETP) for the term of this Agreement; WPIEREAS, 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 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. GoverniM 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; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 d. h-iternational Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j . National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum Housing and building standards, Denton Code §§28-383 -- 43 7 and § § 17-141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and in. Moving Buildings, Denton Code §§28-326 — 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and, applicable administrative standards of the Texas Commission on Enviromnental 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 applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Develo ment Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 pernianent 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 anilexation of the Property pursuant to Tex. Loci: 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 i.s to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Sever Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. C! S ection 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 terns 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 agr THE CITY OF DENTON, TEXAS By - City 1Vlana er, Deputy City Manager, or Designated Representative THE STATE OF TEXAS I COUNTY OF DENTON I This instrument was acknowledged before me on the 6111-: 2010, by Ozzie Chapa. MICHAEL CLIFFORD Notary Public, State of Texas 41, .'yo My Commission Expires EOF i�;;`� September 20, 2013 day of THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before one on the day of 2 0 10 by Linda Chap a, dft ti �{YIIeU�i 'PA MICHAEL 'w Notary iubfio, State o tCLIFFORexas NotaPuMic' State of fexf �My Commission Expires �T refJlrr ►►►►` September 20, 2013 THE STATE OF TEXAS COUNTY OF DENTON This ins ent was aclalowledged before i ty th��-� �'`� day o ,20�CC�, by City Manage /Deputy Cipanag r/Designated ehalf of the City of Denton, Texas. Representat e, on 01 �Yfp w t! . i,•�� tN :I K� WAFTER$ Notary Puttjtc � �, w a t�t� of i�� my coni 91 1a APPROVED AS TO LEGAL FORM: /v )141 N t y Ptibfq State of exas ro, After recording return to: Jenriifer Walters City Secretary 215 E. McKiimey Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON -ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City"] and , ("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": N That property described in a deed to. which is recorded at ROO ojc�qq Records of Denton County, Texas, and commonly lmown - as Tax Parcel No. which is attached hereto as Exhibit A, consisting of approximately;, 7 res of land. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETY') for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: 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 the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. 3 Section 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 Coies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term. and Extension. The initial 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 Terre 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 o Owners THE STATE OF TEXAS COUNTY OF DENTON I 61 THE CITY OF DENTON, TEXAS By• Ci a ag r, Deputy City Manager, or Designated Representative GF NUMBER: 97101004 003249 Dame: January 15, 1997 Orantort COMMONWEALTH PROPERTIES Grantor's Mailing Addreact P. O. BOX 1505 (including county) DRNTON, TEXAS 75202 (D)MON COUNTY) Grantee: JOHN CRUTKOWSKI Grantee's Mailing Addrons: ( including county) Conaiderationt For and in consideration of the sum of TEN AND N01100 DOLLARS ($10. DQ) and other good and valuable consideration, the receipt and adequacy of which are hereby aoknowledged, Property ( including and improvements )t Being all that certain tract or parcel of land situated in the a, meNm STEWART SURVEY, ABSTRACT NO, 1150, Denton County, Texas, and being more particularly described on Exhibit "All attachad hereto and made a part hereof for all purposes, Reservationa from and Rxeegtions to conveyance and Warrsnty4 This conveyance is made and accepted subject to all easements, reservati.ons,. conditiona, covenants and restrictive covenants as the same appear of record in the office of the County Clerk of the county in which the property in situated., to the extent that the name apply to subject property and remain in effect. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, aella, and conveys to Grantes the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to grantee, Grantee's heirs, executors, administrators, suocesaoro, or assigns forever, Grantor hinds Grantor and Grantor's heirs, executors, adminstrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administratiors, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns inolude the plural., COMMONWEALTH PROPERTX28 C WANDA BEI,EW, rPARTNER BARBARR JESTER P TNER PAGE 2 € F 2 CORPORKTB ACKNOWLEGUM STATE OP TEXAS COUNTY OF DENTON THIS INSTRUMENT was acknowledged before me on this 15 day of January, 1997 by WANDA BELEW, PARTNER for COMMOMALTH PROPERTIES i'l'`, �• % it �7. U 3SINA tNOIARY pUf3LICPublic, State of Texas CORPOPATE ACKNONLRDMMNT STATE OF TRKA9 COUNTY OF DENToN `HIS INSTRUMENT wage a0knowledged before me on this day of January, 1997 by BARBARA JESTER, PARTNER far COMMONWEALTH PROPERTIE fir. �,rj c.f+',<►r. Sri t. .r*',t.LK•':Sf�r9ko-U ►► ' ati NO I f ARY UBOC y Public, State Of Texas r S1ATE CIF: TEXAS •'r'•' 'r P' 197 After recording planoe return to i JOHN CHUTKOWSKI 30 � 86ADI.Ir y be-OTON, n4 74; 0/ 3 EXHIBIT "Att • All thA t cOr Lain tract or parcel of Land Situated in th Stewart survey; Abetraut No, 11500 Denton 'Cvuntyi Texas, �[. fiaHoilL of a (called) 1'33 acre first tract and all of a (called) heroq all ire second tract desori,bed in A deed =�rvrit fi A Zed) 16 S39 Knoin i at u9 t vn the 17th day of 00toher 10f 8s1 rsodrded to of �. 575o page 75, De°d Records of Denton County► reran din Volume fully darcribed an follows, , . , and being more dEG"NING at a found iron pin at the �outhwQet corner a more tract in the North bounder this of hwafftC;Ahxetune f said 10.23 TIl�NCL North cU* 02' 06" went a distance vf.2707.57 f PI" Nc`N Southo890wea1 corner of safe 1,539 acre secondetr to An iron 17 47 fast a digtancs of 333 � �6 fetrtO an Pin at the t�arthaadt earner v! said seetind tract)iron 7'ItCMGE South 900 020 05" EAbt a �ietsnoe �F �7���1 fe '. Pin at the southeast corner of said 119.2 3 sore tea e k to An Iron hvundary line of Qanser Road= tract on the North TUENE North ego � f$2, Road 3 00" week with the Nox,th boundary Rood a dis#once of 33►94 feet fo thebeginning,y line of censer in alb, 3g•paint vi 747 scree of land+ and containing Filed for Record I01 DENTON COUNTY, 'rx HONORABLE T I M HODGES/COUNT Y CLERK on Jan JG 1997 At i339pm Doc/Nmm 191--10003249 Doc/Type i wo Recordingi 9.00 Doc/m vit 1 6.00 Reeei t o : 1498 Deputy�►i��;�� ��: 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 William A. Crawford and Gladys H. Crawford, Trustees of the William A. Crawford and Gladys H. Crawford Revocable Living Trust ("Owners"), the property owners of the herei after described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Pasty" or "Parties". All of that certain called Tract 8 described in a Special warranty deed dated June 19 2006, from William A. Crawford, aka W.A. Crawford,- and Wrn. A. Crawford and Gladys H. Crawford, individually and in all representative capacities to William A. Crawford and Gladys H. Crawford, Trustees. of the William A. Crawford and Gladys H. Crawford Revocable Living Trust, which is recorded at instrument number 2006-66861 of the Real Property Records of Denton County, Texas, which is attached hereto as Exhibit A, said called Tract 8 being and commonly known in the records of the Denton Central Appraisal District as Tax Parcel No. 37070, and consisting of approximately 10.000. 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 terra 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 WBEREAS, 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) 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 -W-- 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 a Resources Code, as mended, 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 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. A eement Deemed void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not. subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section G. 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 Section 7. Recordin . This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. S eyerabiliLy. 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 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 l ,r M 2010. William A. Crawford and Gladys H. Crawford, Trustees of the William A. Crawford and Gladys H. Crawford Rev cable Livin Trust, owners it lam A. Crawfor AA - JILA i No Gladys if.Crawford 5 THE CITY OF DENTON, TEXAS City Man ger, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON } This instrument was acknowledged before me on the fh day of January, 2010, by William A. Crawford. x .� S�l�PMME �YNN CL ' Mmo t5 ,►► State o 1.�7•�' .es. 4otarY Pvbtic: MY Comm« 19 jra8 � �D13 �O,,..����� FebTuatYtell THE STATE OF TEXAS COUNTY OF DENTON Notary Ablic, State of Texas This instrument was acknowledged before me on the VV�\day of January, 2010, by AV Gladys H. Crawford. kA It. L' to state of texas ..0�. , ,,�•_ totay Commis 19, 2D� 3 =t �ebNOV Notary Nblic, State on&as rr�.r�,� lf 1�F ►?t1f111 THE STATE OF TEXAS COUNTY OF DENTON This i ment was ac wledged efor on the i o 20105 by � (CittY�Man ger/Deputy i Manager/Designated Re sentative, on b half of the City of Dento , ,O%V r v'►•, JFNNiFFR K. WALTERS ��y4��• , �� rr Notary public, State of Texas le. ,��� My Commission Expires ss N ytj Publ' State of Texas t Exhibit A to Development Agreement (Legal Description of Property) Denton County Cynthia Mitchell County Clerk Denton, TX 76202 • lnstrufn*aht Number: 2006-66861 . ' As . Recorded On': June 05, 2006. ' . Warranty Deed ' Parties: CRAWFORD '1 iLLIAM A - -Billable Pages: 7 To . - Number of Pages: 7. Comment: ** Examined and Charged as Follows: ** . Warranty Deed 40.00 . Total Recording: 40,00 . `**********•* THIS PAGE IS . PAR` ` OF THE :I N STRU M ENT ************ Any provislon herein. Which restricts the Sale, Rental or 4se of the described REAL PROPERTY • because of color or race Is Invalid and unenforceable under federal law. e -File information.. Record and Return To: Document Number: 2006-66301 • Receipt Number: 295630 WILLIAM CRAwFORD Recorded Date/Time: June 05, 2006 03:39P. :: ... 519 MIMOSA DR DENTON 'Tx 76201 1+ User 1 Station: K Kirby:- Cash Station 2 _ THE STATE OF TEXAS) OF DENTON . I hereby cartlfy that this Instrument was FILED In tha Ftla Numbar sequence on the dateltlme printed heron,'and was duly RECORDED in the Official Records of Denton County, Texas. '� .. County Clerk Denton County, Texas � r • I . t J NOTICE OF CONFIDENIL&LITY RIGHTS; IF YOU ARE A NATURAL PERS ON,. YOU MXA REM VE OIt STRIKE- ANY OF THE FOLLOWING INFORMATION FROM THIS . . INA TRUMP NT BEFORE IT IS FILED. FOR RECORD IN THE • PUBLIC RECORDS: . YODUR S O CIAL SECURITY NUAMER OR YOUR DRWE W S LICENSE NUMIBEk . Denton CounV. •Texas •. • . -.- -._. - - �. -- . SPECIAL WARRANTY HEED Date: 20o6 • Grantor: William A. Crawford, alga W. A. Crawford and Wm. A. Crawford and f Gladys H. Crawford, aka Gladys Crawford,• individvally and in *all . representative capacities - 5'19 Mimosa Drive . Denton, Denton County, Texas 76201 . • . Grantee:: William A. Crawford and Gladys H. Crawford, Trustees of tY e William A. Crawford: and Gladys H. Crawford • Revocable Living Trust, dated December-30, 1992, r . ' 519Mimosa Drive • . • Denton, Denton. County, Texas Consideration:. • TEN DOLLARS AND RO/100 (sio.06). and other good and valuable . consideration, the receipt aid sufficiency of which are hereby acknowledged and cojifessed b • y g Grantor. - ProiDertOincludlnpLnyim rovenients Nine tracts of land described as follows: • Tract 1: • • • - . All that certain lot, tractor parcel of land situated in the City and County of Denton, State. of Teia.s, described as being Lot .2 and part of Lot No. 3, in Block No. 11, of the• Extension . to Headlee` Subdivision, Section I, an addition to the City of Denton, Denton County, Texas, as shown on the plat filed for record in Vol, 3, pages 3 and 4 of the flat -Records of Denton Count, Texas. : • • . . • , -tract 2: All -that certaift lot, tract or parcel of land situated in the City and County of Denton, State of Texas, described as being Lot 18, in B1ockNo.11, *of the Headlee Subdivision, -an addition ' Special Warranty Deed from William A: Crawford, et al to William A. Crawford and Gladys H. Crawford, Trustees of the William A. Crawford and Gladys H. Crawford Revocable Living Trust, page 1 - � r ' ! E to the City of Denton, Denton County, Texas. . Tract 3:- Ail that certain lot, tract or parcel of laud lying and being situated m fhe-City and County.of Denton, State of Texas, and being out of the Robert. Beaumont Survey,-.Ab stract N .• 3 I , and being apart of a tract out of said survey described in deed from Brooks Nash to A. M-. Guess; as shown of record in. Volume* 370, Page 340, Deed Records of Denton County, Texas, and being more particularly described as follows: . . BEGMNING at an iron stake for corner in the easterly boundafy line of Beaumont Street said be ' 'log g corner also being in the west boundary line'ofsaid Guess tract; also being the . southwest corner of a tract described in; a deed from A. M. Guess to David S. Blakele , as . Y shown of record in Volume 3 82, Page 595, Deed Records of Denton. County, Texas; . THENCE East with. the South boun line of said Blakele lot assin at 120 feet the. �Y Yip g southeast. corner of said Blakeley lot, and continuing a total distance of 135 feet. to an iron stake for corner; . THENCE South 60 feet to an iron stake for corner; THENCE in a we9terly direction 113.5 feet to 'Ah iron stake for corner In the 'easterly '} bouudary.line of Beaumont Street; . THENCE in, a northwesterly direction with the easterly boundary •line of Beaumont Street, 68 feet to the place of beginning. Tract 4 • ' . All that certam tract or p arc el of laud being the South one-half [ Y2) of Lot 5, 'Blo ok 3,.' . Fry -Addition, an addition to the City of Denton, Denton County, Texas, according to the'plat 'recorded in. Volume 75, Page 74, Deed Records, Denton County, Texas.. . Tract 5: . All that certaiii lot, tract or parcel of land lying and being situated in the*City and County of ..Denton, Texas, being part of the Robert Beaumont Survey, Abstract 31, being the East 57 feet of Lot Twenty -Two (22), in Block. Tv�enty-Four of the High School Addition to the City, of Denton., Texas, -as shown on plat thereof of -record in Volume 190,Page 555 of Deed Records of D enton County, Texas, snd more fully described by metes and bounds description ' inn Warranty Deed from Farra Fae Buckman, individually and as ependent Executrix of the estate of B oyc e Alton. Buckman., Deceased, to Gladys Crawford, Trustee dated May 3 0 � � Y . 19 8 5, and recorded in volume 1645, Page 9 61, in the Real Property Records ' of the Denton . Cbunty Clerk's- Office, Denton County, Texas.. Special Warranty Deed from William A. Crawford, et ai to Willlarrr A. Crawford •and Gladys H. Crawford, Trustees of the William A. Crawford and Gladys H. Crawford Revocable Living Trust, page 2 Tract 6: All that certain lot, tract or parcel of land lying and bemg•situated in the City and' County of Denton, State of Texas, and being Lot 2 in Block 3 of the Fry Addition to the City of Denton, ' Texas, and shown by the plat of said Addition of record in Vol. 75, Page 74, Deed Records of Denton County, Texas, Tract 7: • • • • . All that certain tract or p parcel of laud situated in the James Haney Survey, Ab s act 515 . Y Y? , . Denton. County, Texas, being part of Tract 7 of Little Brook Estates, recorded in Volume 489, Page 273,• Deed Records of said County, and being more articular) described as • P Y follows: . '. . BEGRWING at a concrete • monument, same being. the Southeast corner of said tract 7 • , THENCE N. 890 54'2 8 " w..with the South line of said Tract 7 a distance of-I58.30 feet -to a steel pin; THENCE N. o° 03' 10" W. 245.17 feet to a steel pin; THENCE S. 89" 54' 28" E. 15 8.30 feet to a steel pin; THENCE S. o° 03' 10" E. 245.17 feet to the place of beginwng, contammg m all 0.891 acres of land. ' • Tract 8: ' Ail that certain lot tract: or arcel of land 1 ' and bein situate p � lying g d in the County of Denton, - State of Texas, and being a part. of a certain 165.9 acre tract as conveyed by Deed dated December 9, 1952, from Arnold dbristian Trietsch and wife, Ruby L. Trietsch to J. E. Gentsch and wife, winni.e Gentsch, as shown of record in Volume 3 84, Page 629 of the Deed . Recor& of Denton. County, Texas; being out of the John Ayres League and Labor Survey, Abstract No. 2 and being more particularly described as follows: ' BEGRiNING at �Y a steel pin anal a fence corner p ost in the South Bound Line of Farm -to - Market Road No. 3163; (the width of said F1VI Road No. 3163 at this point being 120 feet); . said point of beginning being in the.East Boundary Line of a 14.426 afire tract of land as • • convoyed by Deed dated February 4,1961, from. J. E. Gentsch and wife, Winne D. Gentsch, to 'Stuckey's Stores, Inc., as recorded in Volu�ae 4.64, Page 299 of the Deed Records of Denton County Texas; THENCE South 89 degrees, 44 minutes East, along.the South Bound Line of Farm' --to- • Market Road No. 3163, and being 60 feet S outh of and parallel to • the c enterliue of said road, 567.53'feet, to a steel pin for comer;. THENCE South 00 degrees, 12 minutes west, dud parallel with the East Boundary Line of . Stuckey's Stores, lnc. 14.426 acre tra6t, 767.00 feet, to a steel pin for corner; s Speclal Warranty Deed from William A. Crawford, et al to willlam A. Crawford and Gladys H. Crawford; Trustees of the William A. Crawford and Gladys H. -Crawford Revocable Living Trust, page I THENCE North 89 degrees, 44 m.inutes west and arallel to the South Boun . . , � p dory Line to Farm -to -Market Road No. 3163, .567.93 feet; to a steer pin and fence corner post for 'the Southeast Corner of said Stuckey's Stores, Inc. 14.426 acre tract. THENCE North 00 degrees, 12 minutes East along fence. line and. the Eas . g t B oundary Erne of said Stuckey's Stores, Inc. Tract, 767.00 feet, to point of beginning anal �containin 10 . g acres of land. Tract 9: . All that certain lot, tract or arcel of faiid, situated in the Coup of Denton ' p . County and: State of Texas, on the waters of Hickory Creep, a tributary of the EIm Fork of Trinity River, about 12 'miles North 50 deg. west of the City of Denton, out of the - BBB & CRRb Co. Survey, . Abstract No • 150, patented to D. Gregg, Assigned, by virtue of Scrip No • 80, Patent No. 8 06, Volume 2, and more particularly described as follows, to wit: . BEG N1NG at a point on the North line of said survey, at the Northwest corner of a 250-- 32I100 acne tract conveyed by wm. .Kimbrough and wife, to P. W. Collier, by deed recorded m Vol, 49, page 39Q of the. T3eed.Rec6rds of Denton County, Texas, the same bein the g Northeast corner of a 200 acre tract conveyed b said Kfinbroughand wife to I A. Ahithon Y Y y, by deed recorded in Vol. 37,.page 330, of the Reed Records of Denton County, Texas; THENCE S. 0 deg, W. 1'119 varas to the Southwest corner of said �.W. Collier 250-� 321100 acre bract, on the East line of said•T.A. Anthony 200 acre tract; ' THENCE S . 8 9' deg. 10' E: 5 0 8,r9110 vara�s a r6 ck, the Southwest coiner of a 150 acre tract sold to Schoolf.eld, out of the East part of said 250--321100 acre tract THENCE N. 0 deg. 22' E • 1119 varas to the Northwest corner of said S cho olfield 150 acre tract, on the Noah line -of said B.B.B. & C.R.R. Co. Surrey; THENCE N. 89.deg.10 w. 499-5110 varas to the place of being, contammg 99-921100 acres of laud, as surveyed by W. H. Pierce, Surveyor on October 31' 1917. . Reservations from and Exceptions to Conve ance and Warran Easements, fights -of -way, and prescriptive fights • �vheth6rof record or • Y p P ghnot, all presently recorded instnments that affect the property; and taxes for 2006 the payrqent of which Grantee assumes. Grantor, for the consideration and sub • ect to the reservations from and exceptions to c . � ep onveyanc e and .: Special Warranty Deed from William A. Crawford et al to William �ll�am A. Crawford and Gladys H. Crawford, Trustees of the William A. Crawford• and Gladys H. Crawford Revocable Living Trust, page 4 warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights ' r and appurtenances thereto in any wise belonging, to have and hold to Grantee, Grantee's heirs, ' . executors, a 'strators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs • executorsadministrators, successors, or assigns to warrant and forever defend all and•singuar the property to antee anGrantee's ears, •executors, administrators, successors- and assigns against . s g every person whomsoever lavrfully elam' nng or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warrauty,*when. the claim is by, throe or � under Grantor but not otherwise. Notwithstanding the foregoing, this ' deed is made with ♦ full substitution and subrogation. of Grantee in and to all covenants and warranties by others heretofore given or made ii respect of the property hereby conveyed or any part thereof. . when the context requires singular nouns and pronouns inclide the plural, . V� Wam. .�..rav�rfard Gladys H. Cr wford ' STATE GE TEXAS COUNTY OF DENTON. � . The above and foregoing instrument was acknowledged before me on this "day of .&611= 20o6, by williani A. -Crawford. - • . • ' • Notary Public, Stateto as--:: �►Q%ftf 1 . Anr teopi ;N ' ,r ; Notary PUbli4, Stol -of Texas sit My Commission Expire$: February 29, loos .. Special Warranty Deed from willam A. Crawford, et al to Wiliam A. Crawford and Gladys H. Gr . � -' awlord, Trustees of the Wiliiam.A. Crawford and Gladys H. Crawford Revocable Living Trust, . page 5 STATE of TEXAS � • C.OU14TY of DENTON • § ' . • The alcove and foregoing histrument was acl owledged before me on this day of 2006, by Gladys R Crawford. . Notky public, State of e as �lr , • • ,..�'�, Mary Ante Stenzel* - • . Waty Pubflc, state of Texas . • k►. ��► February 29, 2008 After recording return to: . • . . William A. • Crawford and eladys H, Crawford, Trustees . .519 Mimosa Drive • ' . Dmton, texas.76201.. • , ♦ • • ' S ecial Warranty Deed from William A. Crawford et al to Willla • ,._� f •- P tY m A. Crawford and G1ady� H. Crawford, Trustees of the William A. Crawford and Gladys H. Crawford Revocable Living Trust, Aa9g 6 >ROPERTY DESCRIPTION: A0002A J. AYERS, TR 83, 3773YY.001 141778 DENTON: .0215790 10:0 ACRES, OLD DCAD TR 30 B Denton County, Texas �- °R�sAO�o:oo 3163 � 2009 TAX STATEMENT 11..t I I I's 11f4w 11..1 1 Isis 1111F fills folil ail I I I 1 11I *0215790 S8 CRAWFORDWILLIAM A & GL,4DYS H TRSTES OF 519 MIMOSA DR DENTON TX 76201-0856 Steve Mossrnan, Tax Assessor 1 Collector Make Cheeks* Pavab a and Send tc Michelle French, Chief Deputy DENTON COUNTY TAX OFFICE P.O. Box 90223 DENTON, TX 76202-5223 Phone: 940-349=3500 Metro: 972-434-8835 Credit Card payments Office Hours; 8:00 any to 4:3D m VISA �- MasterCard �- Discover p Online at: http-//tax.dentonco-anty.coi Monday through Friday: Except Holidays Phone at: 877"633-6866 (Denton & Lewisville l o cations only to Person at. any Tax Office location Tuesday 8:00 am to 6:30 prn) -fin to 4% convenience fee applies TAXES DUE ON RECEIPT PROP TYPE-131 RATIO OF ASSESSMENT, 100% � i r:. .c.{ram/r�" ar . !•� i - -� _ ;� p ; • _ :r{kS - '"' _' F i� - ?S�k1, t • !._ • :.'•' ;!"" { Lro. .r[ :ti�t. :f. .t� 'f;-.S. �.k: •ski.. �• s 4 {R'' :. ?L: S•r•:�:� + t i.�.'t is yam. :E . xA•=w�:P t lilt .w�'i � �__�; ..M' �t��`����l;::tl �� .� 3 7�i1�1��-x�: �� >• _ �„I =� _��: �I_G_ t}L 6,,. _r:,z �:,,;��A� �� t �.t ��., _ i=S 1�`TE�1•ENT.=:� RDFER:T�>• � .,: � . � .r� �.�. �� _f. .� -�� :......?.� �'�'. •�.�.. t =. � » � �.� � .�,.. . ��._..� .. �{ i• � .t :Yr.:r'•.-• ._ /!h� ti r r :� • -r t c - �._sr ^s A L ,y 4 .}. r , � ":� t:i s: :` 3 . `-'•'l.Y r. •'=s;: vy.e ��. _ »k ��r + » � a `: xI" r, �. :�..f-r - �. ..Rr:i r. »L.l .i. •i :..•., t .�•. � ..� . .�• ter:: ti �v •i�L• ; •-f •�' tea.. s .. t �r1n _ r "r�.r �fir. y stis t � s ;. •. • �. $ f . � i i : Hr'•�.3r '.S �i-�'=' i.�•..r l +«. -r•�' ? .F s 1F '. t y }} 9r. w tix'.� .F :S r::.c•' ti ti �•r, � .T• .•i ��:J .St. � r7S ry '� �� �• st•' � „L Sj- i � �'•• ~~'•� �h� 1;�. •�! . :. +L y. S' }.-} _ . iifi. a ylr s�= .$�• � .�: Y� .� s y��k.�f�:?' � v :�� :f`>_f ;. ` trt. �� �•:j: • L . - • i"::t» .{ .ys= t:.t .t».: : .ACV.VIjis'�:'IT' ti :t: _=�z��:.�'.�3'� {{i� A '';��:�: rt_� �F�.. �' ���!1::i• -��-'fit-�=:� ,•T��Y���� •3LS�•:x�.`•3� �r'.•�t _�• *. ;r:k J-• f= t =-r�•=:•.t=:�%:{.•rtr?� 37070DEN 869,500 1 1,000 1 1000 81201 it • •S:+r :i'• r.'�. :,r, � �fiy?S = ! • � , er; 7• v� • Y { �• �. >�S �r3 :rt •-fur -ay r-L_ •t:L • is .I.. i«ti:<.;].i `�Yt�,s� :t:.i: t:[ ri #.l.s :� ,r.•.., ii� Y.r 5 S rE. :�: ,. r �2 s. ,xi : ,� .i t.;i'f . G": c' •:� 'N. N 1' f y I••-•' .�f .r• 2 ^ri'sx x!-S_;:: - •!• � •2.._ �S . •a. sti •S" .i: Moo '.Jcr •t .ti I .i. M1�', s. •:� �• � .."T :DBE.-..=•:t�- ';• i it i :=`+-.+. u Y r=" : t •'s• t•..r +•�•Si t '�"j{-n rri- �"i •'=irt� s�i,� 52 •� !-.. .r••:.... t i...�2: :•Lti�! %i:i .r:f:.s~.,e.�•t:.r'-,••::i• :r-.:. 'i•� ' .1 .� • 1 i ll - . i»' � i:k� -.�'r.4� E �� �� +� F:-; •�•�' � _� r. � '- � »�� ire �: � !�• • , i ENTITY:;" r, �I1�F :�=�:�::�.� •:�..._.:���.� .�:, ��. r ::..�.�... �4�. �- .�,�:.�. A. ..� Q DENTON COUNTY 10000 .2498000 2.5( .,s •Lr�7 DENTON IND SCH DIST 11000 1.4900000 14.94 _= r CLEAR CREED WATER i:, .� 11000 .0612000 • - :fit •- ., �� r�?t .. ilia i={ i'. P=i+ii St' rair�r }: ti:'�'l3=iri �+:-3'r��,.f•.it�,rt..F 15:+-: �=r t r; 1If� i �.' t••:s.-s.-�••� r irk. ;::5� j �l `ii•• .:• is ~:: jj tt•.=C .;: -. . $� F' tt •7.c::«' i'l Zfr h.r 7 :. 'tit ts.:;n..�•f .�. .rt! • s:.r .�s: i .. {.r%. �: -` kip: _~.. =_ -;: �; •. t:-:'s: 5 vii '•tz: _ • , ��• e.;; :.:i: :fit::!- "i:: u. Jr .T .r :l:i[:•'•}:•r»=•:a .:.��• - •'t: •t :••ii'ri-:_•• .�er{L�a'�es:ft•' :s'�:2v:•.�r• ?i�• L ::z:=:.r ;T.• L •y`�': q_4 P0`'• � Interest . �j j;: ; i::...:il :}.'tS�::, •.�",i�; r r � �i{L• lid ' -�� ..-�LS•it Ji•t'}t:r. ti`e. 't: 'T�sjt • �• l��. :.{�' �•'ir • .>r is: �i: :[-t+r i'st: f :r�i s - b"'25555, + - f+.•'•, t . r : 'rf:: a t. �C r• '.. • -,'}. ' �: ! : : yf: tw no a1a .1 i f0 0 aril � 60 delinquent and assessed the ' ' r�`..� . � • = t� � .; ;r.. 16111:%YY itl `'a g r i r,� d► t� M1 • ,S . `�': : �• •.. �t :;. •r • .SCett.. t , �+•-:�•�!,'.`�':_ �.t:. 1r•1r`-fi s.} ?:•. ^;�'. .�=ec et It i : er. frAdomm, :�� e, oy ,the first day of each month. Legal costs and fee+s n?r V - .. .. . . • •JI•: ti: �::..7J's'r ..•'„'i�i t rg,m? e�c r g fu inquency and a suit may be filed to collect the tax. t This Porfiori � q 1 a6iiA 'ar �e1I07d` �����k�V� Sarre. iYouri Receipt + _.�_ M91 Rev. 3 9109 DenCo Stmr -wr��rwrwrrr�r�r.yrr r����w.r .-ter �rrwrr,....w.w.aw..r��rnn �r.r��nnr �sr i..r�rr sr wwr. _'• �ssirrr r�r rrwrr.wry+rwrrrrw�.rs�. is i�rrrrr����r���wr�w...r....rwrr.rr�.r.r�rs��..►-------r.--------- rar ..rrr ' �•_:� :��i:�idd$�-�'�iz� P�r�arx:;�rth:Yoirtr�'c�,��n�rat NOTE: PENALTY AND INTEREST IF NOT L�UIf'BY: (1�1131'1 ' PAID BY: 0113'112010 7% 1.27` Feb. Mar. 9°Ia '1.6 1"9.53 TAXES DUE 0-N l�E0E1P�` - Address Correction Requested CRAWFORDWILLIAM A & GLADYS H TRS TES• OF 5'19 MIMOSA DR DENTON TX 75201-0856 IF ���- =� � -�I� :�:;•_:;::, ,��F.��-u: ��n�l ate • �' i'.�' :. rram�.- •t. • � :: � =r... .• . � sx6li:>L;:=z.: � ' PROPERTY ACCOUNT NUMBER STATEMENT NUMBER 3707•0DEN 81201 x::�grr 3�y�4:Z:u f ms N i ! i r-IJ-.�. STEVE MOSSMAN -� DENTON COUNTY TAX ASSESSOR COLLECTOR P.C. BOX 90223 DENTON, TEXAS 75202-5223 Payments will he posted'according'to .the LISPS cancellationmark or date of delivery to the Tax Office When paying by check, you• *authori2e the Tax Office to use i.nformati.onfrom your check for a one -time electronic fund transfer from Your account or to process the payment as a check transaction, A400---DFED of TRUST —With Tax and Insurance Clause MARTIN Stationery Co., DaIIm T.UE STATE OF TEXAS ' Know AII'Men By These Presents. ra COUNTY ob~....._ DENTC]N................. r ���' THAT THE UNMRSIGN�D.------- WILLZAR.A:.... CRAWI'C]M................................ - of the County of- .......... D.�1 A4n............................................................. and State of Texas, in consideration of the debt and trust hereinafter mentioned, b&a..... Granted, Bargained, Sold and Conveyed, and by these presents do Grant, Bargain, Sell and 'Convey unto .......--- George I;�`opkins.�..._......�..................... a................---..........---....------........:-........... Trustee, .and to his successor or substitute in this trust, and to his and their assigns hereunder forever, the following described property, situated, Iying and being in the County of......,. 011t.01.................. ...................................and State of Texas, to -wit. --All that certain lot, tract or parcel of Jared lying and being situated in the County of Denton, State of Texas, • and being a part of a certain 16 5. 9 acre tract as conveyed by Deed dated• December 9, 1952, from Arnold Christian- Trietsch and wife, Ruby'L. Trietsch to J. E. Gentsch and wife, winni.e Gentsch, as shown of rec- ord iri Volume•t884, Page 629, of the Deed Records of Denton County; Texas, being out of"the' •John Ayres League and ,Labor Survey, Abstract No, 2 and being more par-- ticularly described as follows : ' 0 BEGINNING at a steel pin and.- a fence corner post in the South Boundary Line of F'`arrr to --Market Road 1To. 3163; (the width' of said FM Road No. 3163,at this point, being 120 feet); said point of beginning being in. the- East Boundary -Line of a 14. 426 .acre tract of land as conveyed by Deed dated February 4, ' 1961, from. J. E. Gentsch and wife,' Winni a D, • Gents ch, - to Stuckey! s Stores, Inc., as recorded in Volume, 464, Page 299 of the Deed Records of Denton County, Texas; THIMCE South'89 degrees, 44 minutes • East, along the South Boundary Line of Farm - to -Market Road -No. 3163, and being 60 feet South of and parallel to the centerline of ' said road, • 567, 93 feet, to a steel pin'for corner; ' THENCE South 00 'deg rees,• 12 minute. West, dnd parallel with the' East Boundary Line 'af Stuckey's Stores,..Inc. 14. 426 acre •fr4ct, 767. 00 feet, .to - a steel pin for corner THENCE North 89 degrees, 44 minute's rest, and parallel to' the South .Boundary Line of Farm -to --Market Road No, 3163, 567,93 feet, 'to a steel piri and fence corner post for the Southeast Corner of said. Stuckey's Stores, Inc. 1.4, 426 acre tract; THENCE North, 00 degrees, 12 minutes East, along fence line and the East Bound- ary Line of said Stuckey:'s Stores, Inc, tract, 767. 60 *feet,, to point of beginning, and containing 1.0 acres of land. .., . T4 HAvF AND TO HOLD the said -described • property, with all the rights, members, hereditaments apd appur- tenances, now, or hereafter at any time'before the forecloAure hereof, in any wise appertaining or belonging thereto unto .the said Trustee, and to his . successor or ,substitute hereunder, and to his and their assigns forever. And the under _. signed hereby binds .him Alf,,, hip$«�............................. •...hems, executors and administrators, to warrant and forever defend all and singular -the said premises, unto the said Trustee, his successor or substitute in this trust, and to his or their assigns forever, against the lawful claim or claims of all persons whomsoever. THIS CONv.ZYANCt is made in trust, however, to securd and enforce the payment of ...... Byre............................ promissory note _........... of even date herewith (herei pafter referred to as note), executed by the' undersigned, payable to m? .19-Hg.rX.6........................................ .,...... ............ ......... .......................... ........... ...................................... , or order at,.....................Y.......----.... t4 ?¢--.....-...................., Texas as follows: in the principal sum of $14, 000. oo, payable in ten (10) equal annual installments of $1, 400. 00 each, the first of said in" . stallments to become due -and payable on or before the 10th day of February, 1.97 3, and a like installment to become due and payable on or before the 1 ❑th day of each succeeding February thereafter until said note,, principal and interest; is paid in full, bearing interest on the unpaid balance at the rate of 7% per annum, interest payable aripuallyas oit accaru s on.• the i'0-�h 'day of February iri addit�.on. •to the principal insta l merits, said note containing the usual default, maturityand;'attorney's fee' clauses. The- note secured•'hereby is• additionally secured by "vendor's Lien retained in Deed of even date herewith from Emma Jo Harris, et al, to William A. Crawford, and this Deed of Trust is given as additional security to the Vendor's Lien therein re- tained, and in renewal and extension of said Vendor l s Lien and not in extinguishment thereof. Seller, agrees to execute partial releases u on m the .payment of the sum of $10 7-500 00 per 'acre, 'to to be dpplibdeto 'the principal 'reducticih cf • fhb note. The principal• payments to, be applied to the ,payments last ' due' under the yy terms of --the note, 1:. - • ' . i r ' r x It is agreed that if default be made in the payment of any principal or interest on said note, or in the performance of the covenants or agreements herein contained, or any of them, then at the option of the legal holder of 'said note, the • whole of the principal debt herein secured shall. become due and payable, and may be collected by smut or by. proceedings hereunder; • and it is further agreed that if said indebtedness is not paid when due, and is placed in -the hands of an attorney for collection, or if collected through the Probate Court, a reasonable amount shall be added thereto as attor- ney's fees. It is also agreed that this Deed Qf gust covers any and all renewals of the above described indebtedness: INOW, TFIF`R 90", if the said indebtedness be paid, both principal and ipterpst, ps the 'same becomes dug and and d if the covenants and agreements herein contained• be kept and peri'ormed; then; and in that case only, this conveyance'shalr become null and void, and the property herein conveyed shall'become wholly cigar of said ;debt,• and - these present released f n due form at the Grantor's cost, otherwise to remain>in full force and effect; but if default shall be made in the payment of said note, or any moment Qf interest thereon,, when the same shall•become'due oi1n case of the breach of anY of the agreementA or covenants herein mentioned, then at.the'request of the legal -holder of said - note, the said Trustee, or his -successor or successors: dppointed,hereander, is hereby aut�nrazed antt.empolwered to sell the land hereby conveyed, at public auction; to the highegt`bidder for rash, at the 156rt -mouse door af..:._....1._____......_.. ................,...::::: iiy, Texas; Ue— Melees 'the hours` of ten o'clock a.m. and'four 6 clock 'pan., oh the first Tuesday in any month after having given -notice of the time, place and manner of sale by posting written notices thereof ;at three pub4t places in said county; one of which shill be at the Court House door of said oounty, for three consecutive weeks .prior to the day of sale, and it is hereby agreed, that the said 'Trustee, or his successor, may sell said property, to- gether or u lots or parcels, as to hum shall seem expedient; ,and'after said sale 'as aforesaid, shall execute and delver to the purchaser or •ptirchasers• thereof, good -and sufficient ' deed or deeds in law to the property so sold, in fee simple, with . the uAual warranties, -and shall reeelvq: the proceeds of said. sate, and. out df thQ same shallday: • First, all charges, costs and expense of executing this trust, including. a fee of 5 %. to the Trustee on.the total of the indebtedness secured by this -Deed-of Trust; Second, the note above described aaad all tuins bf money due or to become due hereunder, with 'interest :ah agreed;: and, Third, shall render the averplus, -if any, unto the undersigned herein, or legal representatives or assigns. ' • " _!HF,1"-U1NDkRSI6MD VUMI 'R CO' %NANT 'with said Trustee that.. I. .ill.- -------•___....._ ............ at all tithed, during the continua ace, of this trust, keep the buildb%s and Jmproyemefits now on, or hereafter to he erected .�vn, 8�1d•premises, insured. 'againsf lass by Are and tornado to the .amount of $ 4t_Q Q2... Q..... .............or to the extent in urance; can be -obtained thereon, in companies acceptable to and 'with loss. payable ; to said Trusteg, or his successors, for the =benefit of 'the payee or .the legal holder and owner .of said note, and deliv'Wthe policies to .said Trustee,,or his sc- censors, and to pays before the'nanae shall become delinquent, all taxes and assessments that insv be levied or asgessed agaicn'st said premises or any part thereof. ,And it is especially agreed -dial if the undersignied shall fall • to effect said iri- . surance.arLd deliver such policies,.: as herein provided, or to pay such taxes, then the said insurance, may be effected and said taxes may be paid by the •legal holder of said note, and sums, so expended shall be a detnnand obligation and become part of .the debt hereby secured, and shall -draw inter"t at the rate. .............. per cents per annum from date • so expended until paid, or at the option of the liolder of the debt secured hereby, thie entire principal indebtedness may be declared due, and be collected in any manner provided in this instrument, or provided by law. T IS VUATMR AGUM ghat, in the event of a foreclosure under the power granted hereby, the -owner in possession of said properrty, or any one claiming under him, and in possession as tenant or otherwise, shall there- upon become the tenant at will of the purchasbr at such foreclosure sate, and should such lenant refuse to surrender possession of said property upon demand the purchaser shall thereupon be entitled to institute and maintain the statu- tory action of forcible entry,aud detainer, and procure a writ of possession thereunder. I'T` IS RJRMR AG"I�D that in the • case of the death, resignation, removal or absence of said Trustee from the County of. .......... D-entOn-._............. ...--...-..-_., Texas or his refusal or failure or inability to act, then the holder of said note, or any part thereof, shall be and he is hereby authorized to appoint a substitute in writing, who shall there- upon succeed to all the estate, rights, powers and trusts granted to the Trustee herein named. IT IS SMCIALLY AGRUD that when, as and if any accelerated maturity of any items secured by this instru- ment may be declared due under any term of this or any other paper evidencing the debt or any part thereof, that the maximum amount that can be collected for or on account of the debt shall be the principal amount thereof and interest accrued to the date of payment at not to exceed ten per cent, per annum, That if any possible construction of ' any and all of the papers may, seem to indicate any possibility of a different power given to the creditor or any authority to ask for, demand, or receive any lhrger- rate of interest the parties covenant that same is a mistake in calculation or wording which this clause is intended to override and control. . IT IS sMCIALLY AGRI49D that. in case of any sale hereunder, all prerequisites to said sale shall be' presumed to have been performed, and that in any conveyance given hereunder all statements of facts, or other recitals therein made, as to the non-payment of money secured, or as to the breach or non-performance of any of the covenants herein set forth, or as to the request of the Trustee to enforce this Trust, or as to the proper' and due appointment of pay substi- tute Trustee, or As to the advertisement of sale, or time or place or manner of We, or as to any other preliminary act or /r • 4% 1• • . ■ a 11 .. F 1 ■. 6 A 0 •1 .1 J J1. . P_ _$'_ - -1-6-_i _._ ___ _!1— y ___ a».�� WITNIM my lind this I s t day Feb ary A.D. 7 .. ...... ... ...... . 1 liam A. Crawford) ............. 0 .............................................. .................... 00.0 .............. ...................... ..................... * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THE STATE OF' TEXAS - -BEFORE ME, the undersigned authority, COUNTY in and for said County, Tens, on this day personally, appeLvd.:.—W..illigM-A..CX.aWfDXJJ.- known ;tom,oN n--whose name- J.S.__.;.zubsMbed to the foregoing Instrument, and acknowledged to me that � `kma for the purposes• and consideration theriJa exp, OL_Ke t7 C3 GIVEWUNDER MY HAND AND SEAL OF OFFICE, T A.D. 19-1-e- 4-- ■ -7 M.S.) Denton Notary Te:xas My Commission Expires 19-1a THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COMM OF . .. . ....... . ... In. andfor said County,. Texas, on this day personally appeared____.__._. ..... wife oL .. . ..... ...... . ...... . .. known to me to be the person whose name Is subscribed to the foregoing instrument, and having been examined by me privily and apart from her 6sb&n'drimd---,'-havIngAh& -same fully.. explained to her, she, tho knowledged such Instrument to be her act and deed, and she declared that she had .-wfltinilg,,,gped,,thdwtaj4e. for, the purpos6 and consideration therein expressed, and that she did not wish to retract it GIVEN UNDER MY HAND AND SEAL OF OFFICE, r. Thls...�._�day A.D. 19 Notary Public,.. .__-.._-.-County, Texas ;My Commission BOTIM THE STATE ! OE TEAS, BEFORE ME, the'undersignedauthority, COUNTY in and for said County, Texas, on this day personally ap*peared.._.:_ an his wife, both known to me to be the persons whose names are subsm*bed to the foregoing instrument, and acknowledged to me that they each executed the sama for the purposes and consideration therein expressed, and the saidL wife of the oald—.- ......._--.-having been examined by me privily and apart from her husband, and having the -same fully explained to her, she, the acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposei and ponsideration therein expressed, and that she did not wish to retract it, GIVEN UNDER MY HAND AND SEAT, OF OFFICE, This —day .A.D. Notary Public, --.---—County$ Texas My Commission Expires 0 F LF, I FOR U00M rg 114 N DEN, T& 00 't TFA *P I i 0 A 0 0 IN 44 �= o 01 TWIP R • � r i • M / • 1 T Xk�FAST or,].tx!+�' THE STATE Or, TEXAS, � 7� KNOW ALL MEN BY TIMSE PRESENTS: • , COUNTY OF DENTON �MEO RECOMB • That in consideration of the payment in full according to the face find tenor thereof, of one certain romfsio note in the original l • p R rY g principal soon of $lfi, 4oD.o0 = described Ina certain Deed of Trust 10iso • executed by William A. Crawford i to George Hopkins, Trustee for gamma. Jo Harris dated the is t day of February* ; , and recorded in Vo3. 323 on ' pate 109 of the records of Deeds of Tru at of Denton County, Texas it the owner and holder of I -aid note does i% hereby release the k F )fell shown by said Deed of Trust to exist upon the tolluiviling described Zand, to secure l)ay. meat at said nuts ,via.; 10 a reB of land out of the John Ayres Lea ue and Labor SurveyAbstract No , 2, Denton County, Texa s , more f u1 Y s e t out and described in the above referenced Deed of Trust. �. (This release is also intended to, and does hereby release the Vendor's Lien retained in Deed from the undersigned dated February 1, 1972 to William A. Crawford conveying the above referenced 10 acres of land f � to William A. Crawford.) _ r F ; � s Witness my hand this 15 th da of L7 April �iq 82, 64 r.. �• rho •Hatrria . .:....� t• .......ss,...�., i is �w�r t • '� w� .w.«i�.�Y• y i t ' THE STATE of TEXAS rt • i ' f E t ORE 1t0, the undorsigned, a Notary Pub)' Countc y of. •. ••. •... w ._.ra.. .L...as...•.•..... in and ial' $aid ' R County, Texas, e11 this day persoi ally n e:gyred ' P] ti �� � ' •� •�7f. •R�lI��S��._was.r.+�.wr..raw...v.r............�••.•■ «w..... ►-•r. •. .r • . •..• • ` �! •. ••_ r.. • •.• • ...r ••i•.•r•.•wrr../•.T/!.►M..•.�...yq �..tafYFl.+Nliwa•..•N•tia ••• • .• • .. . • . .• •. • known to E_, 3 me to be the freraon........who�ss nsmv,..•._._...i� subscribed to tho forogobig instrument, and r seknowledge4 to me thst..aho —executed the same for Mo purt-�ases and considetation therein expren.ked. GIVBN 1iNDBU UY BAND AND REAL OF O1*FICS, y� (hlg15 th dny at April ' As • r,��ttfilyl111tlll�,l,�r► .. Xit-t A- t., 0 �• t � t.f • ,: "', Nutary Pul)l#c, , 7.1ie State of �W3�A •t;= ��,,1 *YCti �• • 4 ILI •r 4 A 11437 • A. 14 c., 0-f cl A CIA IL I's L3 t4 H ru Vill 1561 I lei cv 4.J V 44 so .6 RLED FOP, RK D V A Y Off' 12,4-U 1982, at '' RECORDED ZYK DAY ".2ro _,AA 1982. Ni. MAR l ILLi UCL K, DENTON COUNTY, TL-XAS, gk n4�k it i DEPLITY. rL1- 11 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 a d between the City of Denton, Texas (the "City") and r J p q- ! ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes 41 individually or collectively referred to as "Party" or "Parties": That property described in a deed to which is recorded at p%,,,,_of the Deed e ords of Denton County, Z11 Texas, and commonly known as Tax Parcel No. _, which is attached C 0 hereto as Exhibit A. consisting PP of approximately �a 9 v 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 ("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 WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1, Continuation of ETJ Status, The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2, Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm -related and ranch -related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. governing Regulations. The following City regulations shall apply to any development of the Property, as may . be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals ('Including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; 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; 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 In. Moving Buildings, Denton Code §§28-326 — 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. 3 Section 4, Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan, The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. 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 n otice 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. Severabilily. 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 ,, t -- lo . Owners R THE CITY OF DENTON, TEXAS By. City Manage Deputy City anager, or , Designated Representative THE STATE OF TEXAS COUNTY OF DENTON } �- This 'nstrUment was acknowledged before one on the _ day of,-. \ 'N v , 2 0_p by jo. CHRISTI E A. DICK Notary Public State of Tex My COMMISSION EXPIRES 9r� o it tf March 2, 2013 THE STATE OF TEXAS COUNTY OF DENTON Notary Pu. ic, State of Texas This instrument was acknowledged before me on the � �a� day of �('.V.NAAA 20 1 � , by epQ-t r�k�t2 \v . _4 KEITH PIERCE NO-rAky PUBLIC STATE OF TEXAS My Comm Exp 10-19-2013 THE STATE OF TEXAS Notary Public, State of Texas COUNTY OF DENTON I This instrument was acknowledged before me on the 20 , by . Z$ day of , Notary Public, State of Texas THE STATE OF TEXAS I COUNTY OF DENTON I 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 ackn edged before one on th �, .- day o _ ,20), by - City a lager eputy City Manager/Designated presentative, on behalf of the City of De rt� , as+ YtAu��f�� JENNIFER K, WALTER$ Notary Public, State of "texas b L M pH•. ►�: lvly Commission Expiresof r -Pub G State of Texas APPROVED AS To.: -LEGAL -FORM:. ANITA,..:BURGES S, CITY ATTORNEY Y . r- :..•• i 7 Denton County t i t'_vnfhia Mifr-hall Instrument Number: 2006-78217 As Recorded On: June 29, 2005 Warranty deed Parties: CROIX ALFRED A Billable Pages: 5 To Number of Pages: 5 Comment: ** Examined and Charged as Follows: ** Warranty Deed 22.00 Total Recording: 22.00 THIS DOCUMENT IS BEING RE —RECORDED TO CORRECT THE PREAMBLE OF THE LEGAL DESCRIPTION. ALL OTHER TERMS AND PROVISIONS REMAIN THE SAME. ************ 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: 2005-78217 Receipt Number: 205710 TITLE RESOURCES Recorded Date/Time: June 29, 2005 03:41 P WILL CALL DENTON TIC 76202 User 1 Station: A Mcelroy - Cash Station 2 �* THE STATE OF TEXAS) O� COUNTY OF DENTON I I hereby certify that this Instrument was FILED In the F1Ie Humber sequence on the dateltlme printed heron, and was duly RECORDED In the Official Records of Denton County, Texas. C04& *� County Clerk '*.. Denton County, Texas A NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS, YOUR SOCIAL SECURITY NUMBER. OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTYDEED Date: JUNE 27, 2005 Grantor: RAYBURN K. PIERCE Grantor's Address: 901 EAST WINDSOR. DRIVE DENTON, DENTON COUNTY, TEXAS 76209 Grantee: ALFRED A. CROIX and BERNICE L. CROIX Grantee's Address: 7709 ILESON ROAD AUBREY, DENTON COUNTY, TEXAS 76226 Consideration: TEN AND Noll 00 DOLLARS ($10,00) and other good and valuable consideration paid by the Grantee herein named, the receipt and sufficiency of which is hereby acknowledged. Property (including any im ovements): Being a �I - acre tract of land situated * the J. MCNEILL STEWART SURVEY, ABSTRACT NO. 1150, DENTON COUNTY, TEXAS, and being more particularly described in "EXHIBIT A" attached hereto and incorporated fully herein by reference thereto. Reservations: NONE 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 taken; validly existing easements, rights--of- way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests outstanding in persons other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or GF#25I d9OHD Page I of 4 Pages shortages in area or boundary lines; any encroachments or overlapping of improvements; and taxes for 2005, which Grantee assumes and agrees to pay. Grantor, for the Consideration and subject to the Reservations from Conveyance and Exceptions to Conveyance and warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee, 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 When the context requires, singular nouns and pronouns include the plural, GRANTOR: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This document was acknowledged before me on this day by RAYBURN K. PIERCE, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this d of June, 2005. 00 F0O o�f� CYNDI ORINODERFF Notary blic, S(atg of Texas NOTARY PUBLIC STATE OF TEXAS My Comm Exp 04-20-2008 G.F'#2S 1490 WD Page 2 of 4 Pages ACCEPTANCE BY GRANTEE ALFRED A. CROIX and BERNICE L. CROIX, collectively as Grantee, accepts the attached deed and consents to its form and substance. Grantee acknowledges that the terms of the deed conform. with Grantee's intent and that they will control in the event of any conflict with the contract Grantee signed regarding the Property described in the deed. It VFRED A. CROIX CROIX K �/o MIR - . ........... ... . IwFii�iH�L, ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This document was acknowledged before me on this day by ALFRED A. CROIX and BERNICE L. CROLX, personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Given under rn hand and seal of offi ce this of June 2005. Y y CYNDI ORNGDERFF NOTARY PUBLIC STATE Off' TEXAS MY COMM Exp D4-20-2008 r AFTER RECORDING, RETURN TO: ALFRED A, CROIX & BERNICE L CROIX 7709 ILESON ROAD AUBREY, TEXAS 76226 PREPARED IN THE LAW OFFICE OF: HUGH L, MARSHALL, PLLC 1112 DALLAS DRIVE SUITE 405 P 0 BOX 1153 DENTON, TX 76202 1159 Notary Xublic, Sat of Texas Page 3 of 4 Pages CF#251490WD 1 ` EXHIBIT A Description ` 10,80 Agree ((1 SSA tt y Being all that certain tract of land situated in the J. McNeil Stewart Survey, Abstract Number, 11 "�54,entan , , ; County, Texas and beinga part of a o06d 19.23 acre tr=t of end described n the i ed, a hn u," �; ? •; ' �•.1 cd �o a AscC�rds of Denton 'C� , T� `a W". � ux recorded in Clerks l*'Ile � g7 RQQ5169� of the Re , f' P rty � � , � � 1 . , the a art of tract of land deeadbed In a deed to John S. Squier as recorded in 1�d me 4;� Pia ,, PropertyP Records of Denton Coup , Texas.t vnd beirt9 oil of a�- karat of land de bed awl T orW 6 ; W � � � of Tract Two of land os described In a &ed to F*burn K. P[droa cm recorded in CI* * 99— R4C88D25, Real Property Records of Denton County, Texas the subject tract being more pdrUcurd* . described as follows: ' 1 Beginning at a 5/5" iron rod found at the Northeast comer of said Tract One and at the NorthWest per of 9 � o tract of land Oeacribe4 , in a deed to John Chutkowski as- recorded in County Clerk's FlIe Nqrber 97—R0003249, (teal Property Records of Denton County, TOX06; , 1 Theme South 00 Degrees 05 Minutes QQ Seconds West' W4 ith the, Eost line of sold Treat One the -east line of said Tract Two and the West line of sold Chutkawskl tract* a dietanoe of 2706.50 feet to a� S/" lr*n rod 1 = found at the Southeast corner of sold Tract Two and at the Southwest corner of s*1d 0hutkow�k Am6t and alai- f In the recognized North line of o road - under coarrsnt public use `posted as Cdnzer Road* ,p 4 1 1 Thence North 89 Degrees 52 Minutes 31 Seconds West with the South line of said Tract Two a"d with the # North Une, a, distance of 6DoOO fest to a 1 /2' capped Iron rod set for the Southern Southeast 'corner of . herein described tract; Thence North 00 Degrees 06 Minutes 46 Seconds East, a diertance "06f 1' 9. ' 16it c;appe#' ,iron rod , get for corner, ; 1 Thence North 89 Dogretm 52 Minutes 31 Seconds West. a distance of 274.14 feet to a 1 /2" cowed ire rod , set In the West line of sold 19.23 acre tract and the nest line of said 10.00 acre tracts Thence North 00 0*gr 06 Minutes 46 Seconds Ecst poaming t.hs northwest co". r of sand 1 Q!00 core ", i F 270.96 feet and aontin�9 along., r4id course for a total distance of 1120.32 feet to a 5/8'" by ' iron and ' found at the Northwest corner of said Tract One; Thence South 89 rme* 18 Minurtes 48 Seconds East with the One of sold Tract One, q damn** of •r 335.13 feet to tho. POINT OF BEGINNNG awl containing 10,80 oar" of land. • ' , . , GF#251 ¢909D Page 4 of 4 Pages After recording return to: Jennifer Walters laneous1101annexationsldavid eberhardt non -annexation agreement 10 ac.doc City Secretary 215 E. McKinney Denton, Tx 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON -ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and David M. Eberhardt ("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 10.00 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain warranty Deed with Vendor's Lien dated June 25, 2004 from John Squire and wife, LeAnn Squire to David M. Eberhardt, filed for record on July 1, 2004 and recorded in Instrument Number 2004-87180 of the Real Property Records of Denton County, Texas, Said 10.00 acres of land, more or less, is commonly mown as DCAD Property ID 3 74 75. 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 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; 1 sAour do cuments\mis cell aneous\ I O\annexat ion s\d avid eberhardt non -annexation agreement 10 ac.doc NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows. Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the team 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 10 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 s:\our documentslmiscelIaneousll Olannexationsldavid eberhardt non -annexation agreement 10 ac.doc d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j J. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 43 7 and § § 17-141 ---- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and M. Moving Buildings, Denton Code §§28-326 --- 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 sAour documents\miscellaneous\10lannexationsldavid eberhardt non -annexation agreement 10 ac.doc permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. 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 Benton, 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. Sever Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. M sAour documentslmiscellaneouAI 0lannexationsldavid eberhardt non -annexation agreement 10 ac.doc Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed 16 in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension The initial term of this Agreement shall be for a period of five (5) years from the Effective shall be the date the Agreement is mutual agreement of the Parties, • Date (the "Tenn"). ). The Effective Date of the Agreement executed by the City. The Term may be extended upon Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. r The Parties hereto have executed this agreement as of - 2010. g �. Owners David M. Eberhardt THE CITY OF DENTON, TEXAS By: City Manag r, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON V, "P-- This instrument was acknowledged before me on the day of tkul, 2010, by David M. Eberhardt. Y pG Notary Public State of To ♦M&Mh g. 3413 Notary Public, State of Texas 5 sAour documents\miscellaneous\14\annexations\david eberhardt non -annexation agreement 10 ac.doc THE STATE OF TEXAS } COUNTY OF DENTON } This instru nt was a knowledged before 'p the day o ,20/0 , by Lj�/ , C. City Manage r\ eputy City Manag r/Designated Representat' , on behal f the City of Denton, Tex Ss Notary Public, State of Texas My Cornmisslon UpIres If APPROVED AS TO LEGAL FORM: 1' N Pubii c tate 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 0.6,Md � k a�r )d ("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": 6 That property described in a deed to which is recorded at vol. 5 page q of the Deed Records of Denton County, Texas, and commonly Known as Tax Parcel No. 3 `7 which is attached hereto as Exhibit A, consisting of approximately 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 ("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 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: 1 Section. 1. 7 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 � y be limited to farm -related and ranch -related uses and customary accessory uses, and �- sin lefamil detached farm or ranch dwellings, provided that no single-family dwelling single-family 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 y Pp y y 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 p Property Ian for the Pro ert in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any P P development of the Property, as may be amended from time to tinie, provided that the application of such regulations does not result in interference with the use of the land Pp � 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) gZoning 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 --warps Construction, Nor th 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 C and local amendments; C. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; 0 e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments , g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j . National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§17-141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and In. Moving Buildings, Denton. Code §§28-326,— 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within. Chapter 26 of the Denton Code of ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton. Water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. 3 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 S. A eernent 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 P y . Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address C-ity-of Denton, --Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. R.ecordn. 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 `ud ent or court order shall not invalidate any of the remaining provisions which shal a�l remain in full force and effect. Elm Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. M Section 10. Chan e in Law. No subsequent c la riling g � annexation shall affect the enforceability of this Agreement :t §annex 41 the properties covered herein pursuant to Section 4. Section 11. venue. venue for this Agreement shall be in Benton County, Texas. Section 12. Execution In Multiple Co ies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The ir�.tia1 term of this Agreement shall be for a Date period of five (5) years from the Effective Bate (the "Term'). Th Eff x r n Agreement shall be the date the Agreement is executed by the C e y ' �" Ya, extended upon mutual agreement of the Parties. Section 14. Survival of C ovenants . The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. THE STATE OF TEXAS COUNTY OF DENTON 5 THE CITY OF DENTON, TEXAS By<v; Citr, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day o ,, 20�, by Cam' rP_ v� G�C� Q f Y' J' a� �.- THE STATE OF TEXAS COT TMTY OF n P.WTnN APPROVED AS_ TO LEGAL. FORM:---. C Y f Notary Public, Skate 1 s �• � ..` ,•�.r,�Y� .�...� .4� �,�. � �� V .. g- t• ,��- f`i = • �7 _ ' i :e i _ £ i };r�s; -. 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SKATE Off' ; ..: ,�`,.:,.r� ,,. '• W;. Presents DENTON ..1J4jt.4j.r •� f i Of the county of . t] ri t n ,: ` 'ai :- T e k a s i�c; and in co�adon. of , - i 1?•y' -i'i � •I the sum of • . ` r MI as �+ rl� w tie M►' ■R +w 1■r w +...r {I}► rn M 7 '+ N AND. N 0 1 o « +U of rwr 4► i, n+ M ww .. �... .. r. lin ow Mk +r Oil Jr R `sEx and n•thr and . vE1 u6 bl a:. �--,-c ns de,at ons ' {. -. � .: :• .� : ..; .,E_: , • • ; _ •'• [�•• . ;: ::fir ; - } , , t•1 p f to -us, Cash. hatx3 r - Hx4 �f , :;r. AT I AGE `' and rife , �L. N 61. HATRIDGEt •the full. reco tt cf•w*hi'c'h is •her6•hy�ackri �•�ed 9 0d ► � - - ' y ,: r . y 4 r ;.7..,� : F . • ■ bAv (;=tod-, SoMandC4nvax4 and by p.�t� do, (;=t'. and t= y tinto the "I'd KENil ElH 1; -HATR DGE a-nd ' w1,fe', GLENDA.'.d . HA7.1 IDG, V t►j •.../,....'f�ty of D e f'1 t n • a• M �E •N � •. 'r .` E� ' ' •,' ,r • • • *A 63i ctr(Al a f } tract ott. 'a•rcol :of # s1tuatod i n the Ej•'# McNE LL!.1S-TE'4ART SURVEY, Ahstra t ' 0 Z o ': n:ton =Ca�unt ,Yews', '.b 'I n part. of a jc0rta�i n 22S adrb • tract 1 n R �.: said survey.- conveyed : by Ruby ,,...Cunnin jham • et vi-r, to James S: cun•ni ngham' on January 39 ' 1959 , recorded in volume 442, Page 686 , Deed Rtcords-,--­.of.. said County,, this tract poi nq desi niated as ' �r � F of t d1, t. t •: Ai r ' . A. ' � ,�/=,'• '�'�•,4 , '.�.u. b ys ��y� .�.n �.f' �.�'� !.i r a: c ti' f� r' s 1 1 "� t onvew- _i j- } ` E •'�..r .r. �C /� :e nd n t r,• ti cud M1.7 Y F , .�. � � � F`.��'! � - s t.. y . . �. ,t..��. • i �. r r , •31i . .-fr_ '•�` •.- ` wsi§f .I�i f j .,s.�3. ...e3�"iyr -:; ..� . :"gay, • , 1. •.jt''t-' ' } • i » ',�: ' :•r"C �� 'F•r: ",� ;.11':. :si3�:�?�"� t�.�h;' .. fi�'f�.�I�,7Cr �-+rj;�..� •_3,- i,.: ' �� Xj.i r.r.�l [.� ( Y'.' e - t:: i._..:. T �; � � �Ti �f � • i� o u trict. and said survey at a 'point S. 89 -deg' . 24E.. 754.5 +feet from the Southwest c6rner of. said tract and- said survey; THENCE AORTK .o deg. 08. .656. 5 .f`e'et to 4 steel stake; THENCE* SOUTH .-89 ' d�• •'-�?_-11 ? F - with �h�� South � i ne of a �� r foot road 243.4 meet+ to a =st et �st ke* g i' _'•: _ ' N '� i S�uY �A(' 4' �'8 8 6, et to a• steel stake . "the - t ' th otha tr o s d r* rt o' South 1 one of Ku, r ( r •� sa i /� Stewart Stir _ :h• . r, • THENCE N O RM H :43 r t =a: i �d •Z trfe 2 4 2. : #T r = i feet to' the PLACE O' BAGT i 4G,' ; V�R.tEai 1tag.- �.736 Ore• 4f anti ` �. • �- ;, V. ; r��Y.ty7s 1� w '46 A (4? ?� � ,h *a `f+1l' , t[y.ja} L' 1..��-,+nr:. -..• �f..= ��fy�t•��r!} •'.¢L•!•: � t• -0 Vpi�•t.� •"r'- .{':,is�1`::••�;`,E.Y.' Ski.S h V71 fit• 1'+ •_�{.i.ti.L•�T.v`af �' z' ! 1 - �y�#_' r �_. + .. . County Cle'rs Offsec YD6hyv • i,IF S'. 1�' +• .y •.► - 1x1.' r •� �i. 5"• 1 • _ ,•yf,i` �'-�' is '+'rf. = k' .r _ - •.1 !.• t'7,`: .'•'Zr•.•}. rM1 f•.:r �1':i' : r.:• �� •�i*3•�, e' •»., •..S .'•; ,'i �_ :-i _ i'-'. 'r? T,ii 'j i•;ii� - `•' i • +fw- - " � ,i �� _ .'1.a •.,. •. ,•f. .y ri`�.yr�•�i+/'y- - I.i_. yf^ti ,5. .. .1; T: s , f • • } TO HAVE AND TO HOLD. tlij abow dmTihcd irtinb-cs, togther wlUi oll arid.. fii.o&u, .the rights uyJ "{7 )UTt emom Lhemo in anlqwist b0onsins !fin t o . tlio Wd EHNETH W. HATRIDGt and Wife, GLENDA . J . �ATi�� ��� � t�•�� r brl r3 and fom�; WA We d fit* tad 0 �! r :` 4. Y $ -o u � rsceutom xnd adminxxtrAto' It Warrant ed ��vtt ��!�call and #xi v_tjTn rr, tumid nivait".linf0 the f id E T�;. ,j HATR IDGE d }. wife, GC.3=EGA ."`''`� tfi� r� l'tirS end Z$49nSo A984nSt WhOMOcvtt 1AW(UUy rlalmIn,& 'or to daIZ. tbie "Mco Or any pert themr. r eta itrwm o u r hand s at . D'e n t o n , Texas this 19 t h tray ro i STAT.E. Denton � F:F � 1 �, t�v � �d�c�t►� aw�tt�cy, fiv /F i Cm%,IjrF.J. # ��,-�pl • ��� i�•a..'a'Waat.F•', .••+a•q+rypNw ,^MI+.H �. -!'•./4•�wFraw"�•+.�.+tiWtiw••-��4qw. T �V�Y.i* MM ��� �l / F{+n1'H1w'•YWr."M'YrM4++N �F'_�•^-r'w�'r :•+�F•+1..4.�nw6�1 FREDOY •••' •• • •,w ry • �•,r •,.r J•�+�,••a•w: µr. M• •!� • fyr« F,1 t •••+W w�.�Y.•{.�j+•aYtMwM'�l�an�M lwy�wM�wy.wr.Y�•�a•H►M•••+`+Iw.V�. .. ..� w. •.�y,y �Y.w.w+M�wa .+. �A'�•#+� t,�{ � • +` �y y� - J�' a /y t� * , "fit .+` �• i'K`ik` +L: _ i /c e . $: q r ir�ifi�• • ii -i _ 1:':i•3.-y+-:.y ...i .r= mot, . �•�� 'w"1' �';.•: }�•+'1!'� � • .r-.:+,x,_K .�r� •Stl-r' �}�-- �� .. 1= .1 . ��l'{��.'�:-S:Sr- y•r . �'�r�•.. .as 1 '. 74 ,t'+�r', s a� �'!- s.F.n�,..,_Y,,:�. •t f5�- :3i:ar;T-4.:�_ !.i .� : r 1 x y` '' f r ter. RAIN D AN NW. OV 001CZ f ,"t"'�1�,.. .�...+. +dn ,.;....: •b �..�'.., , � � _ ,.t•. •�{ s '•k •'.Sf �''�}r !: �'f' = r {• yi t�� :i•` •{ ;;YY;��: y}.. _il •�.��2 .: /',.'. ti<t '7} - l r .. �.� •�it�,•� �k v n?•� �'Sj '�i �' +k '��-, 1z r.. +S r_:�{ F:r �. cx c• ••PI.. i 4 • � : �� ~ r-'. •�:•+ E 1, _i a• ''SF. .� •i,. '�S;F �s - - ';,a .f �. ! .-+3..,. ei .+t q�p,�. �-!�'gj ta.} s ,} S is .. i it ?ti�•;r,�,�-'. r. r.F �. y"': s'= .r - "y ='- !• i _."9'i$i:�ii� •��':. = i t ti L'L .��'�.+•y�i •,.+: .o�i :C-;_ Ll:. '_S}• .�:•].�t r::''-It'/-"'�..,';•~•�I �• f 6 •. : • � . . < _ •� •�, s•.�..� - � ^i,',��'r,'S SS� F= �s��^��i- s'�',,i� L.'t!�:.',�'_r zy'� . •i �� '.��.�.:1� 'y i; e'r • } _ r - • s - f .., S. ' i.' �" a•�t: u1-. �. i i •� • �. j[[y� i � ..-. f, y '' :4 ..•I+hv ♦e3► �pf�.�l�1x ;,y:L " "'E� i an.., n +{ > T ._ P ! MIT I s .r . IRS W •+ !� . •i 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 Dean Donald Konz and Tammy Lee Konz ("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 Lot 1, Block A, Milam Creek Ranch, Phase I, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 254, of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated March 7, 2002 from William M. Jefferys and wife, Suzy Jeffreys to Dean Donald Konz and wife, Tammy Lee Konz, filed for record on March 14, 2002 and recorded in Volume 5043, Page 1224 of the Real Property Records of Denton County, Texas. Said Lot 1, Block A. Milam Creek Ranch, Phase I, is commonly known as -.DC,4D Property ID No. 188365. 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 their 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 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 Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a. use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDU), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments, d. Inter national 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 2 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 the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Develo rnent 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 3 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 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 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 platters 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 Codes. 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 1! 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 j4 j , 2010. THE CITY OF DENTON, TEXAS By, - City anager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of , 2010, by Dean Donald Konz. mum . f Liar q:otai-yv Public, State of Tex 5 THE STATE OF TEXAS COUNTY OF DENTON rs This instrument was aclmowiedged before me on the day of �r , 2010, by Tamu-ny Lee Konz. cj -IN Notary P a ubiic Sto t < of T xas THE STATE OF TEXAS COUNTY OF DENTON This inshurr��'nt was acl ow d ed before ire~r� the day o ,20y��, by (� City Manager Deputy City Manage ./Designated Representati on behalf of the City of Denton, Texas. JENNIFER K. WALTERS Notary € ubli�Cy,�q, tote of Texas s40 A# MV COMA 1 3Isa�sion xpl1`BS APPROVED AS TO LEGAL FORM: ANII 4 N t ry Publ , State of Texas R After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton. TX 76201 I1aneous\10\annexations\johnnie & marie landers.doc CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON -ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172�/TMarie x. Local Gov't Code by and between the City of Denton, Texas (the "City") and Landers ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 3.706 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed dated August 8, 1967 from Thurston A. Webb to Johnnie H. Landers, filed for record on August 14, 1967 and recorded in Volume 554, Page 650 of the Real Property Records of Denton County, Texas. Said 3.706 acres of land, more or less, is commonly known as DCAD Property ID No. 37449. 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, Parties hereto agree as follows: in consideration of the mutual covenants contained herein, the EXHIBIT 1 c C 0 _P? • V 2 W , 0 sAour documentslinisce ianeousll Mannexationsljohnnie & marie Ianders.doc 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 ford 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; P� sAour documents\miscell aneous\IOlannexationsljohnnie & marie landers.doc 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. h-iternational 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 Envirom-ental 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 3 sAour documents\iiiiscel]aiieoLIs1101annexationsljohnnie & made landers.doc 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; 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. Severabi lty. 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. M sAour documents\miscellaneous\10\annexations\johnnie & marie landers.doc 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. wners 1 ' r P� L J Marie Landers THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS } COUNTY OF DENTON - } This instrument was acknowledged before me on the day of _ 2010, by Johnnie Landers. Notary Public, State of Texas 5 SAOLH- doctimentslmiscellaneotisl10lannexatioiisljolinnie & marie landers.doc THE STATE OF TEXAS COUNTY OF DENTON This instrument was aclmowledged before me on the day of 20101 by Marie Landers. LNo�t ISTINE A. DICK �Ptihlse State of Texas��, OMMISSION F.XPiRESof ��}March 2, 2013 ..q low — THE STATE OF TEXAS COUNTY OF DENTON Notary Public, State of Texas This instrun ht was acl ow d ed before �i"e on t e day o ,20� by L„�1,� ,���n �, ��� City Manage Deputy City Manage /Designated Repre s entativon behalf of the City of Denton, Te J NNIFER K, WALT RS � r Notary Public, State of Texas MY COMMISAlon Expires APPROVED AS TO._LEGAL-_FO, . ANITA BLTRGES S, CITY ATTOR EY _....... ... ....__. _ B : N y P-Libfit,%tate of Texas X After recording return to: J emii fer Walters ,ellaneousU41annexationsWoug & jeanie meadams 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 Doug & Jeanie McAdams ("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 Lot 13, Block A, of Mi'lam Creep Ranch, Phase II, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet O, Slide 385 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed dated January 14, 2004 from Daniel F. Alvarez and Julie Alvarez to Doug McAdams and Jeanie McAdams, filed for record on January 28, 2004 and recorded in Instrument Number 2004-11596 of the Real Property Records of Denton County, Texas. Said Lot 13, Block A, Milani Creek Ranch, Phase II, is commonly known as DCAD .Property ID No. 202613, 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 01 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; s:\our documents\miscellaneous\IO\annexations\doug & jeanie mcadams non -annexation agreement, do c Now, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm -related and ranch -related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) zoning standards contained in the Denton Development Code ("DDC")_, as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals ('including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; 2 sAour documentslmiscellaneousll Olannexationsldoug & jeanie mcadams non -annexation agreement.doc d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 -- 43 7 and § § 17-141 -- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 -- 457; and M. Moving Buildings, Denton Code §§28-326 -- 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 sAour documents\miscellaneousl10lannexationsldoug & jeanie mcadams non -annexation agreement.doc permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common 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. 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. SeyerabiInvalidation 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. Cn sAour documentslmiscelIaneous\IOlannexationsldoug & jeanie mcadams non -annexation agreement.doc Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. venue. venue for this Agreement shall be in Denton County, Texas. Section 12. Execution In Multiple � � opies. This Agreement may be separately executed �„ , „ , ,_„ in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five (5) years from the Effective shall be the date the Agreement is mutual agreement of the Parties. Date (the "Term"). The Effective Date of the Agreement executed by the City. The Term may be extended upon Section 14, Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreemen��f 9­- 4 / 6 , 2010. M ~MIS ',,►►►►�+,�," , KIMBERLY R. PLACE *� 1 MY COMMISSION EXPIRES Deoember 15, 2010 iI $I I►, CJ 0 Owners Doug Mc dams Jea e�VlcAdams THE CITY OF DENTON, TEXAS By. City Managers Deputy City Manager, or Designated Representative 5 sAour documents\miscellaneous1l41annexationsldoug & jeanie mcadams non -annexation agreement, doc ;�r��M. PLACE + * MY COMMISSION EXPIRES . : * December 15, 2010 THE STATE OF TEXAS COUNTY OF DENTON } This instrument was acknowledged before me on the day of P6A a. 2010, by Doug McAdams, Notary Public, State of Te as list ;�, �'' e ;':'..,. KIMBERLY R, PLACE THE STATE OF TEXAS }* ; * MY COMMISSION EXPIRES December 15, 2010 COUNTY OF DENTON } ` This instrument was acknowledged before me on the day of T:C. IV e--c,4, - 2010, by Jeanie McAdams. Notary Public, State o exas THE STATE OF TEXAS COUNTY OF DENTON This instrum t was ac owledged before ZCity!!MLana. (2v day a 520 , y cJP0 - _j�M - /Deputy City Manag /Designated Re resentati , on behalf o the City of Denton, Texas. ;tip �,f �Y pU� ref ��Fr►ilIs`y� ! JENNIFER K. 1NALTERS Notary Public; Stato of Texas . My Cor'rimloglpn Expires %'� � it � Dooembor19, 2010 APPROVED AS TO L G_ —A_W L._E : ANITA BUR ESS, ~CITY ATTORN° Y . .. ..... .... .. . .. z N t y Pubfi, tate of Texas 6 After recording return to: Jennifer Walters City Secretary 215 E. Mcl,.',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 r:.. �ers•� J441ee e ` "�, the ro owners of the hereinafter described property ert Y property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties", - That property described in a deed to which is recorded p p Y ►,� � d at Vol.] page 1 of the Deed Records of Denton County, Texas, and commonly known as Tax Parcel No 41 ­, which is attached hereto as Exhibit A. consisting of approximately 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 ETT 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 'n 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 Reizulations. 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 protmtto st�an�lards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Sub chapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; 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 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 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 Envirom n.ental Quality, as amended. 3 Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or _ plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Vold 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. Record ng. 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. V 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 executions 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 "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 l� THE STATE OF TEXAS COUNTY OF DENTON W Owners THE CITY OF DENTON, TEXAS By. 01-0 City Manager, Deputy City Manager, or Designated Representative This instrument was acknowledged before me on the. day of _ ,� , 20by ` y Notary Public, State of Texas COUNTY OF DENTON This instrument was acknowledged before me on the day of , 203 by Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was ackno dged before the on th . day of 2V� by CTe ag eputy City Manager/Designated presentative, on behalf of the City of De�rterri'; xa 4 Notary Public, St.9te of Texas MY COMM1881on Expires tarPub 1 ,State of Texas Deaefter��►�� i 31►�i ill 01/15/2010 14:35 FAX 479 394 6313 MEDICAL RECORDS t , I Section. 9. Remes. This Agrwment may be eufvry d.thzr owner or the City by any proceeding at law or inequity. Faiturc to d❑ so sh al l inot a deemed a waiver to en e, the provisions of this Agreement thereafter. Entry ling s A g�eexnent by nor W aives no rights as to matters not addressed in this AgreeMent i c m i the law regarding Section 10. Chan e in �a No aubsequ.ent hangp anuexat on shall affect the enforeeabdity of this Agreem.snt or th6 Cr Ig ability to annex th e p ernes eov r d herein pursuant to Section 4. Section i i . venue. Venue for this Agreement shaP b-a m; Den jon County, Texas. ' xe tion. in uiti le Co es. This A e*ent Se may be s saratel3r Section 12. cxec�ted in in divl dual c ounterpaM and f Won execution, shall �0*tute one and same Section 13 . Teruo. x t�enysian. The iitial term of this Agre ent � be for a pd of eve] years from the Ef�'ective Date(the `'`Ter' . %e Effective, Date of the erio Agrd'ement sbe the date the AWeement is exe sited by the sty. { The Term may be extelided upon mutual agreement of the parties. 3 Scion 1,urv-ival of Covenants. The covenants ins See om 2, d shall survive tenmirafion of this .Agre=wft, together nth any othei provisions, as .may , be amegs aty for the implementation of those Sections. The Parties hereto have executed this agreement as Owners t +C= OF ON, TEXAS City Manager, u n,a. City Mager, or Designated Repim ative THE STATE OF TEXAS COUNTY OF DENTON } U006 9 • d WDiW3a JO Al 13 to s 2 T 0 T D2 91 Uer 01/15/2010 14:35 FAX 479 394 6313 MEDICAL RECORDS U007 F I ! E fszw-a4 wled d. before Me On the „�,, day o �� t was aC � e � � t Notary1'ublia, State of `$`exasdw TIDE STATE OF TES -AS } < i ent was acknowledged before me f - ay of � �stri� . b f Notary Public, S t'at$ of eras THIS STAn OF 'TEXAS COUNTY OF DON } � ent �s ael�aowledged before me on the ,clay ,�f '`his rnatruma �cityE ley [ Mangy /Deaipated Representative, on behalf of Itb�e City of Denton, Mar ager/Dep- �` Texag r [ 1 f k [ f Notary Public, SWO f Texas �I: APPROVED AS TO LEGAL I�`t� ANITA 33URGESSIo CITY ATTORNEY [ [ BY: T ' IJI 1 • L r = y e k 3 4 E 6 [ t 1 D�D� S1 Uec Exhibit A to Development Agreement (Legal Description of Property) A•1*J-.WA3tPJINTY 1DL'Z1t--yI,F1i vt�a's #tea,. L�,rri MARTIN srarroxrsy Co', u,alL, i r 1 STATE OF � w Know All Men B Theseress P Y rats. } UEED RECORDS � t "hat We# JOHN PORTER and wif e s MARGA114T PQRTEH # 1 f r i It Of the C.ou111yQ1 Sacramento ' Staked[ Californla [or and in comideratloa of the Min of -------- w0-i---,TXN AND Nc�l 1 n0Olot and other good and Valuable coneideratlo �....�...... .-P�.a._....�.�J 10L[•ARS, , n� . to Us PAId1 &nd wwM4 to ba pad, by WILL 1 A H Ho M EA N EY CmEAEYO the reeeipt vE uhfch is hereby fully wife, JANg �ftxx furtherconsideration y acknowledged, ration of the executions delivery and aereetaen and the ' by the Grantees herein of their one certain �t to pay vendor's lien noto in the principal amount of prvroisnory installment • E even date herewith bearing interest from � � 1Dx C�p� 40: dated of � I annum, axecuted by the Grantees hereinPayableaQ$t the rate o€ � �� per Margaret Porter$ or order, in banthl s to John porter and wile, which includes both principal t installments of $11871.90 each. and interest, the first installment being due and Payable can or before the ' installment being due andpayablel h day of Uecember.1981, end a like Sdeceeding month thereafter until, on or before the first day of each , ie the hole principal gum and interest Psidiq full. And said note contain hole the usual sacuredimaturitys default and reasonable attarneyle fee cla accelerating be Y d Vendors lien upon the hetreinaf ter describednoropert and as additional and cumulative security for theQertY' d deed of Trust is this day payment of said nuts, benefit of the holder of saidnote;Royce Gvxea�anr Trustee* fvt' the 1. Seiler reserves ' unto themaelve$ o their heirs. executers and asai ns 1 all mineral and royalty interest save and S interest which is conveyed herdin, except a 1/b4th royalty 1 I I have Granted, Sold sad C4nveY4 And by these presents do Cant Sell and Convey unto the said y e William ti. Heaney and ui€e$ Jane C, Heaney # of the Counly of Dent., All that certain tract or parcel ,Stataai Texas Y�ih�i�€�fl�Gg Ii p Cel of land situated in t Survey: Abet. 1187, Denton County. Texas he Morris May � (called) 141,293 acre tract being a part of a certain Trustee to JQbn W. porter OndJunei21, in a deed from James S. Hudson fol heed SaGorde of said Cout►t 1' 1979p recorded in Vol, ' froZlc�vet Y� and being more fully described iapage BEGINNING 8t a atoel pin at the Bast Southeast as acre tract at a bend in e Fabric road onuthe aroa corner of said 141. �93 boundary .line of said Harris M$ 3 s t Southerly South the A•White Survey, Abet. 1406; �' Survey and the North boundary line of THENCE W. 890 280 N, with a South boundary May Surrey �tl.anR and near a fence a distance line of said tract and of said corner at an inner all corner of said 141�33oF 103.4 feet to a Fence THENCE N. C°o281 E4 a • distance of 305. acre tract; THENCE 96 83 feet to g steel pin; 8 28' H. pass at 10070 feet a ate Fast boundary line of a public road and cv el pia at a fence on the 103314 feet to a corner an the most Hns ntinuing a total, distance of 141s293 sertl tract in Said public road ter1Y boundary line Of sold THHNCg H0 0 20 W, in said road a discs of ""nui�nR and • contaittin 12 nc of t15.83 legit to tyre p R �nC� acres off lend _ dint voi1A3 ma U ! VAID F "t" 4r;, E 62 To HA" ADD " HOLD the above described prcmises, together with all and aingtilaL .#he tigW and apputtessuxrs tbesew in any bunging unto the avid William H. Heaney and wife, Jane C. Heaney, their ht€rs t[nd gns tourer, jmd we do hereby bleed ours e l v e a , our hein, emutors and adWalstrators, to Wattant and Forever Defend all and singular the Wd prwilsm unto the sold William M. Heaney and vice. Jane C. Neeney, their heits MW assfgw against every person rrltomsoever lawfully claiming, or to claim the same, or any part thtteof. But It Is capremly agreed and stipulated that tht Vender's Lien is retained against the above dwribed prep- erty, premisas attd Improvements, until the above destnbed note and all intertat thereon an fully paid a►ogvrdl ag to i t e f ao and ttnor, effect and reading, when this deed shall become absolute. Witness our hand a at Sacramento, California this Itth day of November , A.D. 1981 r Witnesut at Rtquest of Grantor: �aa�.a.ai.iara+.sus.r..rr.a....eeseaa.sr.r..............rsaa•.sr.ar ar.asMyMu..r.....a..i. et•.• s.r• �.r►•...rr..�..♦ �........................a.a•..r....v..e•.r•....r. r..�«....... J UN PORTER ■■ t..�•.►ar•wa a M."40 :aa►ra►r.rrreµ.rs•...►..rn lsrr r...■...Js V,#j0" .r.ar t,* AA+..r r r•+...... •r►••rr■e•rrr•r..trF,. •.. ..r.r.•re.r A.,r..r..r rr H•*.r.-Fr•s I.....• 0..............Jrv„.r •.rr.r err...... r........ •r•re►r...r s.sr. s.•••• r, r. •a...••r.. r... •r.•....r. ACANOWLEUGht M I TH]E STATE OF OAL . SEFOIRC bit, the undtnts Rd authorityi count' or , .. a a �.x .>~ n.......,,,............. In end fat W4 rAuhty, Too, o!s (bb 4ty petonatly eppettedo. h u....ixtr to-E••.•a-t#d.-..Ha t g aze-t—JPo-t-arr•.. .. �.. _..a....� rr• d....N*y....n�1..��..�..air..r..w.fs/sArr-.•r+r..r••f�.« rr...y...r•arr•.4w++..�.4.+.�rrrwa•---•. y+.. �M....r... �.w..r-...•rrr•a•w.•rr •....... r-►�..+. ---- �.a�....r.... _ _ _ _ _ _ _ _ _\a•. •� F•� Mf•..�..�...y........�.a... w.� ........� ...tea•-+-r.r++....... •. r ••.. knoWU Lo ea � p' the pxazM—_*base name-st... x ... .wbxHbed to the toti%atnr buttument, ad acknowledged to we ghat • •r �cecvtrd e,%me for the purposes utd consktt.ttllan thtttln expressed. Gdki'.Jl'tU�i�'f SEA OF tllttr,'i�rb.....$r..._.........dat�t ai... a.......?:4Va?h'�.....�..�..� A.U. fa.�.l...� k .,� �'�•.S.r., r •' . �; Notary P011c, In and for the State of Ca 1 i f Es r n i a # `'•• bfy Cotntrii�sforc Expltta.. ,_.. !��1��_._��._ �.� ............................ •rr+ . • i a 1 t �t _ f i s eW- •a. rL•=srr +i"' f"!f`�e}["fiMv�l+lfe;s*sy[y:�,(�`:�1�s "f'o M t' 'P>> ■. ,��.. r a r , - •; w _ _ .... ,,, voL1113 FACE 53 M►+ilY..r.�yp L r �+R-' �#eSlSMt* e.r .{lam? 1 • i %V Y i.t*/ it t f 1 FILED FOR PECORD .�,��..... DAY OF � � � RECORDED � DAY 4� A■D, 1981, t A.D.i f.MARY JD IJILL, UNTY CLEoR , MWON COUNTY, AS.BY. DEPUTY. r • I • e t .r 1 r J 1 -4orthr !+v�f�-•rrt-r-y•-y»•ar-orw4Maiv�[•�.��-..r....�_-- - - - - After recording return to. - Jennifer Waiters City Secretary)\miscellancous\10\annexationslmichaeI & gail meeker non -annexation agreement.doc 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 Michael G. Meeker and Gail K. Meeker ("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": Lot 4, Block A, Milarn Creek Ranch, Phase I, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Slide 284 of the Plat Records of Denton. County, Texas, and being conveyed in that certain Warranty Deed with vendor's Lien dated August 28, 2009 from Don A. Hall and wife, Kim B. Hall to Michael G. Meeker and wife, Gail K. Meeker, filed for record on September 1, 2009 and recorded in Instrument Number 2009-105749 of the Real Property Records of Denton County, Texas. Said Lot 4, Block A, Milam Creek Ranch, Phase I, is commonly known as DCAD Properly ID 188368. 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 eater 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 sAour documents\miscell aneous\IO\annexations\michael & gail meeker non -annexation agreement.doc NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to 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 designs solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Warps Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; 2 s:\our documentslmisceiIaneousll Olannexationslmichael & gail meeker non -annexation agreement. do c d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 43 7 and § § 17- 141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and M. Moving Buildings, Denton Code §§28-326 — 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and ,"wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within. Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 sAour documents\miscellaneous\10\annexationslmichael & gall meeker non -annexation agreement,doc permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The owners fia.rther 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 Cw 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. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. sAour documents\miscell aneous\I 0\annexationslmichael & gail meeker non -annexation agreement.doc S ection 10. Change in Lave. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. venue. venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five (5) years from the Effective Date (the "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. THE CITY OF DENTON, TEXAS By - City Manager, Deputy City Manager, or Designated Representative 5 s:lour documentslmiscellancous\10\annexationslmichael & gail meeker non -annexation agreement.doc THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 2010, by Michael G. Meeker. v DCNNIST As Notary Public State of Tar" MV COOMISSION exems MeMb 2, 2013 THE STATE OF TEXAS COUNTY OF DENTON day of kk�., SP t Notary Public, State of Texas This instrument was acknowledged before me on the day of , 2010, by Gail K. Meeker. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON his instru t was ack,0owled ed before ifie on the day o ,20 by anager eputy City Manager/Designated Representati , on behalf o the City of Denton, Texh ���1141111i1/ €rotary biio N t U He ate of Texas • = Pu . State of Texas My Commission Expires December 19, 2010 v APPROVED A,S_ T—O— EGAD FOKK • .ANITA U- RGES S, CITY ATTORN Y on After recording return to Jennifer Walters slmiscellaneoustl Dlannexationslpeppler 2 non -annexation agreement.doc City Secretary 215 E a McI-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 Lavena Grace Peppler and John Allen Peppler ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 3.297 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain warranty Deed with Vendor's Lien dated June 20, 1988 from H. L. Swann, Jr, and wife, Evelyn June Swann to John Allen Peppler and wife, Lavena Grace Peppler, filed for record on June 21, 1988 and recorded in Volume 2398, Page 768 of the Real Property Records of Denton County, Texas. Said 3.297 acres of land, more or less, is commonly known as DCAD Property ID No. 3 7444. WHEREAS, the City has initiated 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 agriculture use pursuant to Tex. Tax Code chapter 23.C; 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 IF 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; ............... ....................... .................... ........... .. ..... sAour documents\miscellaneous\10\annexations\peppier 2 non -annexation agreement.doc NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows. - Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. ` Section 2. Development �= . ,t 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 (A) 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 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, as amended pursuant to The Denton Plan, 1999-2020, as amended. For purposes of evaluating any proposed development of the Property under these zoning standards, the regulations of the lowest intensity single-family residential district (RD-5) shall be used (ref. Denton Development Code ("DDC") §35.16.8.G.),-, (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 sAour documents\miscellaneous110\mmexationslpeppler 2 non -annexation agreement.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; 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; and (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 documentslmiscellaneousl10lannexationslpeppler 2 non -annexation agreement.doe (7) Gas well platting, drilling and production standards, as contained in §35.t6.19 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 Bnviornmental Quality, as amended. (B) If, pursuant to this Agreement or following termination of the Agreement, portions of the Property are annexed to the City, the Parties further covenant and agree that the use and development of such land thereupon shall be subject to the regulations of the lowest intensity single-family residential district or agricultural district (RD-5) and the subdivision regulations then in effect. In the event any portion of the Property following annexation is rezoned consistent with the City's approved Comprehensive Plan, as may be amended from time to time, the use and development of such land shall be governed by the regulations of the zoning district to which the land is reclassified and the subdivision regulations in effect at the time of approval of such rezoning. Section 4. Agreement Deemed Void in Part; Voluntgy. Annexation. (A) If an Owner files any application 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 become null and void, except as herein expressly provided for. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C W 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. The 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. (C) Any development application that is submitted to the City for the Property during the term of this Agreement or during any extension, that is inconsistent with the development plan and governing regulations, shall be denied based upon such plan and governing regulations, which collectively shall constitute regulations in effect at the time such application is submitted. The Owners expressly waive any vested rights that might otherwise arise under DDC §35.3.8, as amended, Tex. Loc. Gov't Code section 43.002, as amended or Tex. Loc. Gov't Code Chapter 245, as amended, or their successor ordinances or statutes, 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 date that the City annexes the Property pursuant to this section. 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 CI sAour documentslmiscell aneouA10\annexationslpeppler 2 non -annexation agreement.doc 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 6. Recordiniz. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 7. 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 8. 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 9. 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 10 Venue. Venue for this Agreement shall be in Denton County, Texas. Section 11. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same 11 instrument. Section 12. 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 13. Zoning Regulations. Upon annexation, zoning for the Property shall initially be subject to the restrictions applying to the lowest intensity residential or agricultural district (RD-5), until an appropriate change in zoning is made pursuant to Chapter 211, Tex. Local Govt. Code or successor statute. Owners hereby waive any and all vested rights claims that they may have under DDC §35.3.8, as amended, Section 43.002(a)(2), as amended and Chapter 245 Texas Local Government Code, as amended, that would otherwise exist by virtue of any actions owners may tale between the termination of this Agreement and the completion of annexation proceedings by the City. Unless the City declines to annex the land, the development plan and governing regulations shall apply to any proposed development application prior to completion of annexation proceedings and the adoption of permanent zoning regulations for the 5 sAour documentslmiseellaneotis1141annexationslpeppler 2 non -annexation agreement.doc Property, and the development plan and governing regulations shall be kept in effect for such purposes. Section 14. Survival of Covenants. The covenants in Sections 2, 4, and 13 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 952010. Owners .- ......... .:.... .... ■ - • ■ - Peppler 1 ohn Allen Peppler THE CITY OF DENTON, TEXAS By: City Manage , Deputy City amger, or Designated Representative TIDE STATE OF TEXAS COUNTY OF DENTON � F This instrument was acknowledged before me on the day of , 20105 by Lavena Grace Pe ler, CHNISTME A. DICK = ti Notary Public State of Text � f MY COMMISSION EXPIRES � � ,- Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 6 . , 2010, by John Allen Peppler. Y f cHal iIHE A. DICK 1 Notary Public state of Text MY COMMISSION EXPIRES Much 2, 2013 OF k 7 , :Y sAour documentslmiseellaneousl10lannexationslpeppler 2 non -annexation agreement.doc ,r a Notary Public, State o Texas THE STATE OF TEXAS COUNTY OF DENTON This in t ment Was a oWledg ' of re e on the ay Q , 2010, by AA i Manag r/Deputy ity Manager/Designated Re Weta tive, on behalf o the City of Denton, Texas. �1LL1f111 NIFER K. WALTERS C/ Notary �;.. v`rn�rtie of Texas ary Pu c, State ofYexas Expires APPROVED ANITA BURGESS, CITYATTO. NEY After recording return to: Jennifer Walters City Secretary tslmiscellaneous1141annexation slpeppler 1 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 Lavena Swann Peppler ("Owner"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 3.241 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Executrix's Deed dated November 10, 1998 from. Lavena Swann Peppler, as Independent Executrix of the Estate of Evelyn J. Swann, Deceased to Lavena Swann Peppler, filed for record on November 13, 1998 and recorded in Volume 4218, Page 2672 of the Real Property Records of Denton County, Texas. Said 3.241 acres of land, more or less, is commonly known as DCAD Property ID No. 37439. WHEREAS, the City has initiated 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 agriculture use pursuant to Tex. Tax Code chapter 2 3 . C; 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; sAour documents\miscell aneous\1O\annexations\peppier 1 non -annexation agreement,doc NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm -related and ranch -related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subj ect to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations (A) 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 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, as amended pursuant to The Denton Plan, 1999-2020, as amended. For purposes of evaluating any proposed development of the Property under these zoning standards, the regulations of the lowest intensity single-family residential district (RD-5) shall be used (ref. Denton Development Code ("DDC") §35.16.8.G.),-, (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 sAour documents\miscellaneous\I0\annexations\peppler I non -annexation agreement.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; 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 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; and (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 41 sAour documents\miscell aneousllO\annexationslpeppler 1 non -annexation agreement.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 Enviornmental Quality, as amended. (B) If, pursuant to this Agreement or following termination of the Agreement, portions of the Property are annexed to the City, the Parties further covenant and agree that the use and development of such land thereupon shall be subject to the regulations of the lowest intensity single-family residential district or agricultural district (RD-5) and the subdivision regulations then in effect. In the event any portion of the Property following annexation is rezoned consistent with the City's approved Comprehensive Plan, as may be amended from time to time, the use and development of such land shall be governed by the regulations of the zoning district to which the land is reclassified and the subdivision regulations in effect at the time of approval of such rezoning. Section 4. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application 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 become null and void, except as herein expressly provided for. (B) Thereafter the City may initiate annexation of the Property pursuant to 41 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. The 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. (C) Any development application that is submitted to the City for the Property during the term of this Agreement or during any extension, that is inconsistent with the development plan and governing regulations, shall be denied based upon such plan and governing regulations, which collectively shall constitute regulations in effect at the time such application is submitted. The Owners expressly waive any vested rights that might otherwise arise under DDC §35.3.8, as amended, Tex. Loc. Gov't Code section 43.002, as amended or Tex. Loc. Gov't Code Chapter 245, as amended, or their successor ordinances or statutes, 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 date that the City annexes the Property pursuant to this section. 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 M sAour documents\miscell aneous\10\annexations\peppler I non -annexation agreement,doc 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 6. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 7. 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 8. 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 9. 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 10 Venue. Venue for this Agreement shall be in Denton County, Texas. Section 11. Execution in Multi le Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same 41 instrument. Section 12. 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 13. Zoning Regulations. Upon annexation, zoning for the Property shall initially be subject to the restrictions applying to the lowest intensity residential or agricultural district (RD-5), until an appropriate change in zoning is made pursuant to Chapter 211, Tex. Local Govt. Code or successor statute. owners hereby waive any and all vested rights claims that they may have under DDC §35.3.8, as amended, Section 43.002(a)(2), as amended and Chapter 245 Texas Local Government Code, as amended, that would otherwise exist by virtue of any actions owners may take between the termination of this Agreement and the completion of annexation proceedings by the City. Unless the City declines to annex the land, the development plan and governing regulations shall apply to any proposed development application prior to completion of annexation proceedings and the adoption of permanent zoning regulations for the Z sAour documents\miscellaneousl10lannexationslpeppler I non -annexation agreement.doc Property, and the development plan and governing regulations shall be kept in effect for such purposes. Section 14. Survival of Covenants. The covenants in Sections 2, 4, and 13 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections, The Parties hereto have executed this agreement as of 52010, Owners Lavena Swann Peppier THE CITY OF DENTON, TEXAS By - City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON THE STATE OF TEXAS COUNTY OF DENTON Thi&*meentwas dknowled d Yore me on the .;- day-o 01 �, by Manager eputy ty Manager/Designated�epresentati*ve, on behalf of the City of Denton, Texas. ,y P��••.,, JENNIFER K, WALTER$ P Notary Public, StOtCOMMISSIone O i O8 TO 8lu Ae Ht" ��P'f ,�embWary Pub i ,State oftexas sAour documents\miscellaneous\10\annexations\peppler I non -annexation agreement,doc APPROVED AS TO LEGAL FORM: II After recording return to Jennifer Walters City Secretary tslmiscell aneousll 0lannexationslpeppler 3 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 Lavena Swann Peppler as Trustee of the Evelyn J. Swann Testamentary Trust ("Owner"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 3.299 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Executrix's Deed dated November 10, 1998 from Lavena Swann Peppler, as Independent Executrix of the Estate of Evelyn J. Swann, Deceased to Lavena Swann Peppler as Trustee of the Evelyn J. Swann Testamentary Trust, filed for record on November 13, 1998 and recorded in Volume 4218, Page 2669 of the Real Property Records of Denton County, Texas. Said 3.299 acres of land, more or less, is commonly known as .DC14D Property ID No. 38256. WHEREAS, the City has initiated 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 terra of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agriculture use pursuant to Tex. Tax Code chapter 23 . C; 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 documentslmiscellaneousl101annexationstpeppler 3 non -annexation agreement. do c 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. Goy.e.,ming Regulations (A) 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 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, as amended pursuant to The Denton Plan, 1999-2020, as amended. For purposes of evaluating any proposed development of the Property under these zoning standards, the regulations of the lowest intensity single-family residential district (RD-5) shall be used (ref. Denton Development Code ("DDC") §35.16.8.G.),-Ib (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual). 0, sAour documents\miscellaneous\IOlannexationslpeppler 3 non -annexation agre ement. doc (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 1 o c al 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; and (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 3 sAour documents\miscellaneousl10lannexationslpeppler 3 non -annexation agreement.doc 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 Enviornmmental Quality, as amended. (B) If, pursuant to this Agreement or following termination of the Agreement, portions of the Property are annexed to the City, the Parties further covenant and agree that the use and development of such land thereupon shall be subject to the regulations of the lowest intensity single-family residential district or agricultural district (RD-5) and the subdivision regulations then in effect. In the event any portion of the Property following annexation is rezoned consistent with the City's approved Comprehensive Plan, as may be amended from time to time, the use and development of such land shall be governed by the regulations of the zoning district to which the land is reclassified and the subdivision regulations in effect at the time of approval of such rezoning. Section 4. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application 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 become null and void, except as herein expressly provided for. (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. The 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. (C) Any development application that is submitted to the City for the Property during the term of this Agreement or during any extension, that is inconsistent with the development plan and governing regulations, shall be denied based upon such plan and governing regulations, which collectively shall constitute regulations in effect at the time such application is submitted. The Owners expressly waive any vested rights that might otherwise arise under DDC §35.3.8, as amended, Tex. Loc. Gov't Code section 43.002, as amended or Tex. Loc, Gov't Code Chapter 245, as amended, or their successor ordinances or statutes, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is sAour documents\miscellaneous\10\annexations\peppler 3 non -annexation agreement.doc inconsistent with the development plan shall be considered established or in existence prior to the date that the City annexes the Property pursuant to this section. 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 d. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 7. 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 8. 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 9. 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 10 venue. venue for this Agreement shall be in Denton County, Texas. Section 11. Execution in Multi le Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 12. 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 13. Zoning Regulations. Upon annexation, zoning for the Property shall initially be subject to the restrictions applying to the lowest intensity residential or agricultural district (RD-5), until an appropriate change in zoning is made pursuant to Chapter 211, Tex. Local Govt. Code or successor statute. Owners hereby waive any and all vested rights claims that they may have under DDC §35.3.8, as amended, Section 43.002(a)(2), as amended and Chapter 245 Texas Local Government Code, as amended, R sAour documents\miscellaneous\14\annexations\peppier 3 non -annexation agreement.doc that ,would otherwise exist by virtue of any actions owners may take between the termination of this Agreement and the completion of annexation proceedings by the City. Unless the City declines to annex the land, the development plan and governing regulations shall apply to any proposed development application prior to completion of annexation proceedings and the adoption of permanent zoning regulations for the Property, and the development plan and governing regulations shall be kept in effect for such purposes. Section 14. Survival of Covenants. The covenants in Sections 2, 4, and 13 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. Owner Lavena Swann Peppler as Trustee of e Evelyn J. Swann Testamentary Trust THE CITY OF DENTON, TEXAS f City anag r, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON "_"' A N� This instrument was acknowledged before me on the day of , 6, 20 I o, by Lavena Swann Peppler as Trustee of the Evelyn J. Swann Testamentary Trust. ONVIISTI14E As DICK lh Notary Public State a1 Te)( l4iY C04Ml5SION01EE PIFiES� + t4h 2, P Notary Public, State of Texas sAour documents\miscellaneous\10\annexations\peppler 3 non -annexation agreement.doc THE STATE OF TEXAS COUNTY OF DENTON This instruftient was ae owledge bef re e on the 2010, by ity Manag r/Deputy 'ty Manager/Designated Rep entative, on ehalf of the City of Denton, o ry Pu i ,State of Texas Y 1, 1t1�1/JENNIFERK. V�At,T RS �5�pti Notary public, State of Texas Q isslon EXPIMS APP S., ARM i i' .. . BY: _. 7 After recording return to Jennifer Walters City Secretary ineous\10\annexations\•ay & linda roberts non -annexation agreement.doe 215 E. McE,-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 Raymond D. & Linda. Mae Roberts ("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 9.773 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General warranty Deed with Vendor's Lien dated March 10, 1992 from Jaynes A. Grider and spouse, Barbara Crider to Raymond D. Roberts, Sr. and spouse, Linda Mae Roberts, filed for record on March 13, 1992 and recorded in Volume 3179, Page 273 of the Real Property Records of Denton County, Texas. Said 9.773 acres of land, more or less, is commonly known as DCAD Property ID No. 37431, DC4D Property ID No. 3 7432 and DCAD Property ID No. 3 7434, respectively. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction ("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 or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex, Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and s Aour documentslmiscellaneousl1 ftlinexations\•ay & linda roberts non -annexation agreement,doc Now, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Pan. 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. GoverningRegulations. 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; b. Intemational Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; 0J, s:\our doeumeilts\miscelIall eolls\IOlannexatioiis\•ay & Iitida rob erts noel -annexation agreement .doe d. International Plumbing Code, 2006 Edition with local amendments; e. h-iternational 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 In. Moving Buildings, Denton Code §§28-326 — 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas well platting, drilling and production standards, as contained in. §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 91 s Aour docuineiitslaniscellaneoLas1101annexatioiislray & linda roberts non -annexation agreenient.doc permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. 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 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 Plamiing and Development 221 N. Elm Street Denton, Tx 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by' either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. 11 sAour documents\misceiianeous\IOlannexations\ray & Iinda rob eas non --annexation agreement.doe Section l o. 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 Codes. 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 "Terns"). 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 kaynion-4'16. Roberts Linda Mae ' Roberts THE CITY OF DENTON, TEXAS By: . City Mana r, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before one on the day of 2010, by Raymond D. Roberts. E 1 t *.,:y, ....:.:.:..::. .....:...:::::.. oarY PubIle, l eSt f State o Texas s:lour docurnents\miscell aneousll0lannexationslray & Iinda roberts non -annexation agreement.doc THE STATE OF TEXAS COUNTY OF DENTON } "d This instrument was aclmowledged before me on the day of _µ �n.�► �,..�, 2010, by Linda Mae Roberts. ` �. n: h, r `' r THE STATE OF TEXAS I 1� �oary Public, State of Texas C-'�s COUNTY OF DENTON } This instru M.LN was a 1 0 1 ged before i 1e'on the ' ` day o 520Oby City Manag r/Deputy City Manag /Designated 'tn" " % I Rcipresentatilk on behalf o the City of Denton, "�JENNIFER K, FFz� �S I Notary Public State of Texas tAy COMM1081on Ex Tres APPROVED AS TO LEGAL -FORM ANITA B�PT S Sr, CITY ATTORNEY R t ry Piublac'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 H ors e. r S- S� Aer+k. ("Owners"), the property ro owners of the hereinafter described y property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": That property described in a deed to 14-cmer s, sc-J,o,R-i7-vvhich is recorded at /vol. 0 S1 T7 page 3 3 Z 3 of the Deed Records of Denton County, Texas, and commonly Imown as Tax Parcel No. z4 7 04 I b r-, which is attached hereto as Exhibit A, consisting of approximately acres of land. 13,9 WHEREAS, the City has given notice of, its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETY') for the term of this Agreement; WHEREAS, Owners and the City aclmowledge that this Agreement between 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 2 12. 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: 1 �. Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm -related and ranch -related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. ,Governing Regulations.. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; r 0. e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, good Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j . National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§17-141 --- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and in. Moving Buildings, Denton Code §§28-326 — 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. 41 Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. ■ Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. 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 Law. No subsequent change in the law regarding annexation shall affect the erifrceability of this Agreement or the City's ability to annex the properties covered herein: pursuant , to S ection 4. Section:1=1. - 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 "Team"). 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 Tog- tv u rrr 1—�- -/ 20 I THE STATE OF TEXAS I COUNTY OF DENTON I E Owners 'jo, THE CITY OF DENTON, TEXAS By. tle oe� City Manager, Deputy City Manager, or Designated Representative This instrument was acknowledged before me on the 1 `% day of TAquw&-eq, 20L, byMe-! ►ssr-t lj. P-re-vr»citn E , S SA A. FRE AN Notary Public, ' AM of Texas 4��� fires THE STATE OF TEXAS COUNTY OF DENT ON This instrument was aclmowledged before me on the day of , 201 by Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknow e ged before /.4- eon th �20L,�, by C City � �Manager ty City Manager/Designated R resentative, on behalf of the City of Denton;--' 'I exas: i.'�►r �f JNNIFER K, WALTEH Notary Public State of Toxas nay Commission Expires rr� 0000 -- APPROVED AS TO LEGAL F� z Fary Pub i ,State of Texas 0 0 0rt ct 0 r r r r t:l tj ro p p ptr a r J J Cf1 U1 `, ;Ef d 0 C7 p � H x C� N N N w w w [D ip W lL1 H C3 �P to rn &- H 0 w rt R1 0 m to 0 a Q a a a to r� p 0 a a rt� p a a o ' o 0 a p N 'a @ o Q w p m to a � @M rt o v o G H G ra a Q @ p o 0 o ct 0 m H 4A Ari- a p a c] @ C� a o Q 0 rt 0 0 ro a d wrt -Ea 0 o Ga w kj p 00 @ to 0 10 a m m a x n o v ft rt rt ® R ro t G C W m f� a 0 n m r r n o o @ 0 p mwo n v 0 Q 0 o m to 0 �p' 0 N r CQ ` r r as w - o� �f a � m m v k After recording return to: Jennifer Walters City Secretary miscellaneousl101annexationslmichael joe & amy Beth schertz non-annexation.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 Michael Joe S chertz & Amy Beth S chertz ("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 10.050 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed dated August 7, 2002 from Ruby Elizabeth Finch and husband, Henry Tyler Finch, Jr. to Michael Joe S chertz and wife, Amy Beth S chertz, filed for record on August 7, 2002 and recorded in Volume 5144, Page 4597 of the Real Property Records of Denton County, Texas. Said 10.050 acres of land, more or less, is commonly known as DCAD Property ID No. 244900. 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 a 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 10 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; s:lour documentslmiscell aneousll ftnnexationslmi ch ael joe & amy beth schertz non-annexat ion. doc NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm -related and ranch -related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("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 40 incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments,- C. The International Fire Code, 2006 Edition with local amendments; 2 sAour documentslmiscell aneouAIO\annexationslmichael joe & amy beth schertz non -annexation. do c 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; 46 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 3 sAour do cumentsVniscellaneouAI0lannexationslmichael joe & amy beth schertz non-annexation. doc permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. 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 fo ll owing address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. 11 sAour documents\miscellaneous1101annexationslmichael joe & amy beth schertz non-annexat ion. d o c Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple 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 co 52010. THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative 5 sAour documentslmiscell aneous\I Dlannexationslmichael joe & amy beth schertz non-annexation.doc THE STATE OF TEXAS I THE STATE OF TEXAS I COUNTY OF DENTON I This instrument was acknowledged before me on the day of 20 1 O, by Amy Beth S chertz. G � CH1 I1 IA. DICK Notary Public State of Tex My COMISSION EXPO t RED March 2, 2013 i. Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instru nt was ac owled ed before m the day of ,20�y City � anage eputy City Managerfi5esignated Representativ on behalf o the City o �y.��,• • �r�f. JENNIFER K, WALTERS ` `1`' A Notary Public 5 - to to of Texas ,.... ���-� MY Commission Expires o ,� December 19, 2010 Denton, Texas-------� r ry ubl1v- ate of Texas 31 After recording return to: Jennifer Walters City Secretary 215 E. McKiniiey 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 detw n the City of Denton, Texas (the "City"} and '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": sc�n Y1, That property described in a deed to fZ, o&d which is recorded at 1� f Records Vol. page of the Deed D --� ,�� p g d o Denton County, Texas, and y 0\ commonly lmown as Tax Parcel No. � O� 19 which is attached � hereto as Exhibit A consisting of ai,�acres of land. approximately 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: 1 Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm -related and ranch -related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at ' least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; 2 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 — 45 7; and M. Moving Buildings, Denton Code §§28-326 -- 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained Within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. 3 Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan. of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180--day period during which the Development Plan is in effect. . Section 5. Agreement Deemed void in Part; voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not sub j ect to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. S everability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. M Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this;Agrement. Section 10. Change in Law. No sub seq uent� change in the law regarding annexation shall affect the enforceability of this Agreem t 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 Co ies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term. of th s A. eemi.ent 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 ma b e 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 � q COUNTY OF DENTON 5 THE CITY OF DENTON, TEXAS By:loe City Manager, Deputy City anager, or Designated Representative This instrument was acknowledged before me on the day of , 20 1L,d� by r� AYr t CHRIS A. IDICK Notary Public State o MY CofAMISSION EXPIRES t� Mwch 20 2013 QF THE STATE OF TEXAS COUNTY OF DENTON i Notary Publics State of exas This in trument was acknowledged before me on the i `�. day of 20 iC) � by �► t���. ">.�i . 001F CH I TINE A. DICKNotary Public State of Tex4sMY CO(WISSION EXPIRES Match Zi 2013 THE STATE OF TEXAS COUNTY OF DENT ON r , _k -, �; C Notary Public, State of Texas This instrument was ackno d ed before me on t � day -of It �20�(� by � amity anager eputy City Manager/Designated presentative, on behalf of the City of Denton, as. ,tu r►r�r ae��p YAU� w : JENNIFER K. WALTERS Notary Public, State of Texas Mir COrAMISSIOn Expires APPROVED AS TO LEGAL FORM: ANII BY: n b6tary Pu ' , State of Texas )110a) 4953 02205 Exhibit A WI! F�td�NTY DEER YI'I`x `PENDOA' S LIEN Ir Data : October 2 6 r 2001 Grantor: PFS DEVELOPMENT CORPORATION, a Texas Corporation Grantor I B HaiJing Address (itcluding county) x JOSRPH E. STacKARD P. 0, Box 685 -- 120 E. Oak St, Denton, Benton County, Texas 76202 Grantee: SITSAN E HOLMGREEN SEALS and husband, RICHARD DOIkIOVAN SEALS Grantee's Malliug Address (including County) 216 Meadows Lane Denton, Denton County, Texas 76207 Consideration: The sum of Tan and No/100 ($10.00) Dollars and other good and valuable considerations, paid to Grantor by Grantee, the receipt of which .is hereby fully acknowledged, and for the further consideration of a note of even date herewith that is in the principal amount of Fifty Three Thousand Fire Hundred and N'o/100's Dollars ($53, 500.00) , and is executed by Grantee, payable to the order of FAP14ERS & MERCHANTS STATE BANX as tbarein provided. It is secured by a vendor's lien retained in this Deed and by a Deed of Tryst of even date from Grantee to VAUGHN ANDRUS, Trustee, for the benefit of FARMERS & MERCUMTS STATE DANK. Property ( including any improvements), Lot S. in Block B. of MrLAM CREEK RANCH, PHASE 11, alx addition to Denton county, Texas, according to the Map or Plat thereof recorded in Cabinet G, Slide 385, Plat Recorder Denton County, Texas; and Affidavit of Correction of Error dated August 28, 1998, filed September 25, 199$, recorded in 'volume 4183, page 1609, Real Property Records, Denton County, Texas. Reservations from and Exceptions tip Conveyance and Warranty Any and all easenents, rights -of -way,, and prescriptive rights, whether of record or not; all pr4sently recorded restrictions, reservations, covenants, conditions, oil axed ryas leases, mineral severances, and other .instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a coon boundary; any discrepancies, conflicts, or shortages in area or boundary lines; and any encroachments or overlapping of improvements. Grantor, for the vonsiderstion and sub"ect to the `= reservations from and exoetions to conveyance and war7ranty, r grants, sells, and conveys to Grantee the property, together with all and singular the rights atnd appurtenances thereto in any prise 3 belonging, to have and hold It to Grantee, Grantee's heirs, s executers, administrators, successors, or assigns forever. L Grantor hereby bznds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and foever defend all • and singular the property to Grantee and Grantee's heirs, • person whosoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to warranty i The vendor's lien against and superior title in and to the above described property are retained against the above described property until the above described note and all interest thereon P4ge One - W YDEE0 W7 VE v ' S IEN 14953 02206 is fully paid accorcling to its terms, at which time this Deed shall become absolute. When the context requires, singular nouns and ronouns include the plural, p • PFS DMLOPMENT CDRPDRATIQR by• r }��;. rf 4DAD R . ,t LTDN r red dent., { i THE STATE of TEXAS § 1 J• r COUNTY OF DENTON x This instrument was acknowledged before sae by DA.VxD A. LTDN, President of PFS DMLOPMENT CDRPURATION„ xas Corpoaratlan on behalf of the said corporation on the ale r of October, 20ol. y r. {{wti Notes lid-, n and Tor The State oil Texas •N ` b xa 101ary Pubut, Stlte fl1 Taxes .� a . t - k• s,+ f yl qqw s !r L• r r% •1 a R 't 1 ,r is s.. r i 4. L r• L A- M �r i Return to: lk • . . _. SUSANNE HOLMGREEN SnALS 216Meadow Lang • ;'4 ,{ Denton, Texas 76207 Page TWO - WARRMY „ DEED WITH VENDQR' S LIE 4953 02201 ti M it •R i .a i» i i •. rY N � � •i n � ..._ At 2: 43pa Receipt 5 925 Recording* 7. � . DePuZY --.carte '= After recording return to: Jelmifer Walters City Secretary 215 E. Mel,',inney Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON -ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by _ and between t�e City of Denton, Texas (the "City") and V) �'`� `�' wners" the property owners of the hereinafter described � � )� p p Y o ert the "Property")in Denton Count Texas sometimes individually or p p Y Y� Y collectively referred to as "Party" or "Parties' 044 That proner v described in a deed to010,Jarft W ° 6(4W rrwhich is recorded at vol. :. page a of the Deed Records of Denton County, Texas, and commonly known as Tax Parcel No.' , ,which is attached hereto as Exhibit A, consisting of approximately 6a res of land. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETY') for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc, Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained Herein, the Parties hereto agree as follows: 1 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 ay be located or constructed on a lot smaller than five (5) acres. The property owner Za- y app y o the �ity fori vision of the land subs ec o 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 work-s 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: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; 0) e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j . National Electric Safety Code, 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 Railroad Commission and Texas Commission on Environmental Quality, as amended. 3 Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. ■ Section 5. A eement Deemed Void in Part; Voluntary Annexation. (A) If an owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in ' Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. - Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement ' by Owner waives no rights as to matters not addressed in this ,Agreement. Section 10. Change in Law. No subsequent thane in the law, regarding g g g 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. Tenn and Extension. The initial term of thisAgreement 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 G � . M./I rii 20 THE CITY OF DENTON, TEXAS By: City Manag r, Deputy City Manager, or Designated Representative THE STATE OF TEXAS I COUNTY OF DENTON I T 's ins m.ent was acknowledged before me on the day yo , zo 1d by E4��� ,Yf'U��ir• J NNIFER BF LA W `'•' Notary Public, State of Texas Ivey Commission rxpires ®�p01 jii�ii' Nov n)ber 26, 201 Itary Pu6c, State of Teas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 20 '35 by jy=Uk-- _ - ,• .�1` !+ ' Notary Public, State Df Texas p .i My Commission Expires JJryy Novembef 25, THE STATE OF TEXAS COUNTY OF DENTON day of Pub ic, State of Texas This instrument was ackno2 ge d beforMffie onthe ,20& by . pity -77 �. Manager eputy City Manager/Designated presentative, on behalf of the City of Denton, Te s iiiii�r►�► . INotary public tit of Texas Wlits My CorTimlo APPROVED AS TO -LE -GAL FORM: ANITA BTTRGf SsAt CITY ORNEY r ,A 1tary6 R , State of Texas Exhibit A A-96—W'ARANTY PEED —With Single, Joint and Wife's Sepamte Arlmowledgmenta MARTIN Stationery Co., I7allat HIE STATE OE TEXAS 1700 ' I n.ow All Men By These Presents; DENTON County of....... .............................................. s i That we , FREDDY .M000NN E.LL a-nd, wi fg..,. BARB-ARA MCCONNELL . f of the County of Dent 6 n , State of Texas for and in consideration of the sum of AND j�yj /'y *� n jj �[,, �/'�j DOLLARS r r r w. r rr r •.r r r ww ^ re N L3 ■{ D N 1 1/ 10 O � �j.• � V■�� � r� �r w r w.r r. r r r r r r r w. r r ws : r. a r �. r r �.e � and ether - good and val:.uabl.e cons i de-rati on taus, Cash Ynhand paid by KE.N-NETH W, STEWART and wife, DELMA F: t STEWART, the 'fu'11- receipt of which +i s here.b.y a.cknow.l.edged , have Granted, Sold and. Conveyed, and by these presents do Grant, Sell and Convey unto the said KENNETH W. STEWART and wife, DELMA F, STEWART of the County of D e n t v n , State of Texas all thafertain lots tract' or parcel . o.f land si tuated+ i n the. J.■. Mc . E.I Abstract No, 1 1 50., .Degtpn Count Texas. be.' - N L STEWART SURVEY, acre tract in said surveyconveyed � ng. part.'of a certain* 225 y by Ruby L..C.un.ni.ng'h=am et vit^; to James S.. Cunn'i-ngham on January 3, 195.9, re.cer-dad In Vol ume* 442, Page 686, Deed Reco-rds. o.f sai.d County, t.hi s t.ra.ct. b•eing described as Tract No. 3 -, Block "AA"on a plat of a sub-d.i-vi.si.orj'..a'f said tract far .convenience+, and be i-ng. more.:parti cu.1 ar•ly d .' r.i.be'd. as -fo1 1 ows BEGINNING at a steel. sta:ke' o.n: th:e' . south 1 i ne of said - tract and s.ai d + surve-y a.t a , point 5.0 89, de.g■ 24 ! E; 513 ; 0 feet the Southwest corner.''of s.ai d tract and' said survey; from ' THENCE - NORTH. 0 �.e stake; . g,-- 08' E. 6.b4:5:.fe�e.t to a steel THENCE SOUTH 89 deg. 52' E. with the South,J i ne- of a E foot road ?41■5 feet to a steel stake; 60 THENCE SOUTH o de.g. 08, W 666.5 feet to a steel stake on the South line of said tract and said'surve • TH-ENCE NORTH 89 .deg. 24' W. with said line to the PLACE OF BEGINNING, centai ni ng i n all 3', 690 s n 241 •5 feet . acres of land, SUBJECT to the restrictions shown of record in the County Cl ark' s Of f i 6e . of Denton County; Texas, I TO HAVY AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said KENNETH W . STEWART and wife, DELMA F. STEwART , their heirs and assigns forever; and we do hereby bind o u r s e l V e S, o u r heirs, executors and administrators, to warrant and Forever Defend all and singular the said premises unto the said KENNETH W. STEwART and wife, DELMA F. STEwART, their heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Witness o u r hand S at February Witnesses at Request of Grantor: Denton,, Texas THE STATE OF TEXAS, comvxv OF .............._DENTON........_......._...... , A.D. 19 7 O this 1 9 t h day of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fr,dd c onnel � Barbara McConnell BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared..........4 .......................................... ............................................................................................................................. FREDDY McCONNELL and wife, BARBARA McCONNELL ..� f. ............................... i }rf..........•........•....•......•............•........•..........................................................•...........•.....•+•...•......•..••..........•...r.................. .......•. •............ known to m y a the: person....S.....whose name..S.....d.r.e........ subscribed to the foregoing instrument, and acknowledged to me that t - ....:h t, ¢ : xecuted 'the 'same for the purposes and consideration therein ex ressed. t: F e 700 N UND..: Y . HAND AND SEAL OF OFFICE, This................. y ., ....----..da of..•......... r u a A.D.19.......... PArT F. 8EADL2 CCfn............................................. ..................................... r...r.. �rLJi�i• ........... •... .....r.• Denton NotaryPublic .................................................•-...........County, Texas My Commission Expires June ..................................................... 19.3.•.... .. .. .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. My Commission Expires June ..................... I .................. 6............. , 19... Z .L# THE STATE OF TEXAS,) COUNTYOF..............._......_....................................... BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared........................................................................................................................................... ...................................................................................................................., wife of......---.......----.........................................................................---.......................... known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said...................................................................................................... ..................................... ................................ :........................................................................... acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This............................day of........................................................... A.D. 19............ (L.S.) THE STATE OF TEXAS, COUNTYOF ....................... ...._..............._.............._... Notary Public...........................................................................County, Texas illy Commission Expires June.............. ......................................--) 19............ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared....................................................................................................................................... ................................................ ............................................................................... and ................................................................................................................. 4...... his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said.............................................................................. ........... ...................... ..._........................................................... , wife of the said ......................................................................................................... having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said................................................ ...................................................................................................................................................acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ............................day of.........................................................., A.D. 19............ Notary Public...........................................................................County, Texas My Commission Expires June......................................................1 19............ TEE STATE of TEIN-A-S, COUNTYOF........................w ........................... County Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the ................ . ...............................day of................................................, A.D. 19.........., with its Certificate of Authentication, was filed for record in my office on the........................day of................................................... , A.D. 19............. at. .......................o'clock..........--....M., and was duly recorded this........... dayof..................................................................................... ,, A.D. 19.... ., at. .....o'clack................M., in the Records of said County, in Vol- ume............................................. on pages....................................... WITNESS my hand and seal of the County Court of said County, at office in .................................................................................................. •...............................................................................................................................the day and year last above written. ClerkCounty Court ................................................................................................... County, Texas. (I,.S.) By................................................................................................. Deputy. M Ir "jL $iwg fj '0 0 SC-) 160 'q 0 0 -j 10 M �q rn 0 M9. C) 4k 0 rn 41 >< > C= >< 14 fir` t� � i � d C�'s o = ro CLERFIF11CATE OF RECORD The, 'State of 1, THtSTA P,'A R, (-'I e i -k- o .tire' County Court in,and for said County f was of -on dO c.��lrti�v t i -,i- the no, i n s� U11 tic.ation w, ';1'J -o r -�j u e- (OP M-P -------- 0ay Cb. - ---- ------ M., in owns= volurrie ... ....... ----------------- &WNW ----------- of the .................. -------------- - ------------------ Neccads of do 1-1 �.-) 4-1 Witness my hand and seal of office at Denton, Texas, ti,,e cl,iy -, ; k - - I,"7:st above written. - TWETA 00 001, By . ............ p U ty Clerk of the Count y Court, Denton Co., Texas ji- - --- 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 Edna Marlene West, Brenda Jean Green, Truda Marlene Jacobs, James Neal West, Jay Edwin West and Sammie Jo West ("Owners"), all being all of the heirs at law of Jaynes Enoch West and being named beneficiaries in a certain unprobated Last Will and Testament of James Enoch Nest, dated March 14, 1997, and First Codicil dated February 22, 1999, the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": (1) That 19.23 acres of land, more or less, described in a certain Deed, dated on or about January 12, 1996, from the Veteran's Land Board of the State of Texas to James E. West, and recorded as document number 003 867 of the Real Property Records of Denton County, Texas; LESS and EXCEPT that 1.00 acres of homestead property located within said 19.23 acre parcel, that was previously conveyed or assigned to James E. West as a fractional severance, recorded as document number 15408 of the Real Property Records of Denton County, Texas, and Which is commonly identified as Denton Central Appraisal District tax ID 37478; (2) That 1.507 acres of land conveyed by Warranty Deed, dated on or about July 12, 1965, from David Mulkey to Jaynes E. West, and recorded in Volume 533, Page 115 of the Real Property Records of Denton County, Texas; Said combined parcels, less the severed homestead parcel, comprising 19.73 acres more or less, and commonly identified as Denton Central Appraisal District tax ID 37479. The referenced instruments of conveyance and severance are attached hereto for reference as Exhibit A. VMEREAS, 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'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 1 ... ............ 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 terin 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 0, 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 Governs -rents 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, 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; 9 (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 Enviromnental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180--day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an owner files any application or plan of development for or otherwise comrnnences 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. El 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. Severabilily. 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 amiexation 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 sane 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 "Tenn"). The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections' 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of , 2010. 5 Owners Edna Marlene West Brenda Jean Green Truda Marlene Jacobs Imile Jo West THE CITY OF DENTON, TEXAS By - City Mana er, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before one on the -..� day of January, 2010, by Edna Marlene west. IN WEftno"� j otaiq&;Wy Public, State xas V THE STATE OF TEXAS I COUNTY OF DENTON I This instrument was acknowledged before me on the � day of January, 2010, by Brenda Jean Green. Notary Public, State of Texas THE STATE OF TEXAS I COUNTY OF DENTON I ON 141A This instrument was acknowledged before me on the day of January, g � y a y, 2010, by Tivda Marlene Jacobs. liilllt STEPHANtE I~YNhI CLEMItIION -�� Notary public: State of Texas x, xy My Comrnfssion Expires February 19, 2013 1�nrrys► THE STATE OF TEXAS I COUNTY OF DENTON I Notary Ablic, State of exas This instrument was acknowledged before me on the 3day of January, 2010, by James Neal west. •��'�=' v''• SIEPHANIE LYNN CI.EMMONS . . - Notary Public, State a� Texas tvly Commission Expires February 1�'v' Notary Public, State of Texas 0 Owners Edna Marlene W t 13renda. Jew&Ween Truda Marlene Jacobs James Neal. West Jay Edwin. West Sammie Jo West THE CITY OF DEN ON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative TBE STATE OF TEXAS COUNTY F DENTON This instrument was acknowledged before me on the day of January, 2010, by Edna Marlene West. Notary Public, State of Texas Co THE STATE OF TEXAS } COUNTY OF DENTON } 4 This instrument was acknowledged before me on the day of January, 2010, by Brenda Jean Green. No THE STATE OF TEXAS } COUNTY OF DENTON } 2F hc, Mate of Texas •►+ yr VazeMAEGAN BAa N ETT Notary Public, State of Texas My Commission Expires August 01, 2012 This instrment was acknowledged before me on the day of January, 2010, by Trud.a Marlene Jacobs. 1 yv Eui _► X uWJlsv�; "4..VW %tom. -L wX%-%44-7 THE STATE E OF TEXAS COUNTY OF DENTON TMs instrument was acknowledged before me on the � day of January, 2010, by James Neal West. .1'1 %y %A ■ .y J. WA. -& vl� s�►a THE STATE OF TEXAS f COUNTY OF DENTON I This instrument was acknowledged before me on the day of January, 2010, by Jay Edwin west. .... ...... ��::�a jtll 1rr �l Rlt {�2 rrAri•!...,.-r:,:. ,..:.-... .. THE STATE OF TEXAS I COUNTY OF DENTON I P Notary Public, State of Oxas This instrument was acknowledged before me on the day of January, 2010, by Sammie Jo west. ►:: Notary Pu blic, State of Te s THE STATE OF TEXAS I COUNTY OF DENTON I This instrument was acl&. e ged befor me on th day of 2010, by -- �ty a e eputy City ManagerlDesignate Representative, on behalf of the City of 4-7 Denton, atiip Y+AJENNIPEP K. WALT R CornS S ■�`.. Notary Public � a`e 9f Exp?°exas Mhqslonres 010 AVI b4tary Pu Cic, State of Texas APPROVED AS TO .LEGAL F� • ANITA BURGESS, CITY ATTO EY BYp .. ,.•: GRANTEE: Jaynes E West 003867 RR 1 Box 490W, Benton, TX 76207--9234 CONSIDERATION: SEVEN THOUSAND FIVE HUNDRED AND 00/100 DOLLARS********** .$7�500.00 PROPERTY'': - All that. eertain,;19.3 : acres, . more or less, more full described in the Warrantv Reed to :the Veterans ;Laid Be and dated: A r�1 19., 1965, recorded ild :Volume 523 , Page 476, eed cords "of DEIT�r�N Cort�r Teas; an further described in that Contract of Sale atd Purchase dated May 31 - 1965, recorded m Volume 523, Page 478, - Deed Records of DENTON Count Texas. Together With and subject to any and all easements and appurtenances as set forth or pertaining to the referenced deed and contract of sale. GRANTOR, for the stated consideration, does hereby release and convey unto James E West that certain tract of land more fully described in the above referenced Warranty Deed and Contract of Sale and Purchase. - This conveyance is made subject to any and all reservations, exceptions and conditfo ions contained in the deed conveyorg the property to the Veterans Land Board, the above referenced Contract of Sale -and Purchase and any subsequent severances and/or assi nments thereof. It iS further subject to all easements, ri hts-of-way, and prescriptive righ�s, whether of record or not; and all restrictions, reservaions, covenants, condemnations, conditions, oil.and gas leases, mineral severances,. and other recorded instruments that affect the property. It is agreed and understood that in the event that a patented survey, of which the above described tract of land is'a part, contains excess acreage, or that unsurveyed school land is contained within the boundaries of the above described tract of land, said board by the execution of this deed does not purport to grant or convey .any right, title, or interest in and to such excess acreage or unsurveyed school land. WITNESS MY HAND AND SEAL OF THE. VETERANS LAND BOARD OF THE STATE OF TEXAS., on January 12, 1996. David Gloier Executive Secrets VETERANS LAN, BOARD OF THE STATE OF TEXAS Approved as to Contents : Vg I50----WARRANTY DEED (WITH VENDORS LIEN) TEXAS STANDARD FORM #fafr jar clftloxvasf ghtlaw AllMat bg 3.918 That 1, DAVID MULKEY, not joined her" ein by my wife for the reason that the hereinafter described property constitutes no part of my homestead, of the County of Denton State of Texas for and in consideration of the sum of — .R � .-TEN AND N4/10 0 ( $10.0 0) — — .. . .. . - No .. — DOLLARS and other good and valuable consideration to me paid, and secured to be paid, by JAMES E, WEST as follows: TEN AND N0/100 ($10..00) Dollars and other good and valuable consideration to me paid and secured to be paid by JAMES E. WEST the receipt of which is hereby acknowledged, and the balance of said consideration is evidenced by the execution and delivery by the said JAMES E. WEST, of his one certain monthly installment Vendor's Lien Note of even date herewith, in the principal sum of FIVE HUNDRED THIRTY-FIVE AND N0/100 (.$535,00) Dollars, bearing interest from date at the rate of six and one-half per centum (6-1/2%) per annum? both principal and interest payable to the order of the Grantor, DAVID MULKEY, and both principal and interest being payable in equal monthly installments of TWENTY-FIVE AND N01100 ($25.00) Dollars each, including interest, beginning on or before' the twelfth (12th�;day of August, 1965, and continuing on or before the 12th day of each succeeding month there- after until paid in full, said note containing the usual default and attorney's fees clauses, and in addition to the Vendor's Lien herein retained to secure the payment of said note, a Deed of Trust is this day given -to W. C. Orr, Jr, r Trustee for the benefit of the holder of said note, have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto the said JAMES E. WEST of the County of Denton State of Texas all that certain tract or parcel of land situated in the J. McNeil Stewart Survey, Abstract 1150, Denton County, Texas, being part of a certain 225 acre t tract in said' survey coriveyed by Ruby .L,� Cunningham. et vir r to James S.'Cunningham on January 31 1959r recorded in Volume 442, Page 686r Deed Recores• of said County, and being more particularly described as follows: Beginning at a steel pin in a fence on the NORTH LINE OF SAID 225 acre tract ata point S. 890 09' E. 1338.0 feet from the Northwest corner of said 225 acre tract; Thence S. 00 08' W. 194.2 feet to a steel pin at the Northeast corner of the Easternmost four 19.23 acre tracts surveyed out of said 225 acre tract; Thence N. 890 52' W. with the North line of said 19.23 acre tract 334.5 feet to a steel pin at its Northwest corner;. Thence N. 00 08' E. 198,*4 feet to a steel pin in the fence on the North line of said 225 acre tract; Thence S. 890 09;f' E. with said fence on said line 334.5 feet to the place of beginnings containing in all 1.507 acres of land. TO, HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise• belonging unto the said JAMES E. WEST, his heirs and. assigns forever and I , - d❑ hereby bind my s e 1 f iC4y heirs, executors. and administrators, to Warrant and 'Forever Defend, all and singular the said premises unto the said JAMES Es WEST f . hi s heirs and assigns, against every person whomsoever la�vThlly claiming, or to claim the 'same, or any part thereof. But it is expressly agreed and stipulated that the Vendor's Lien is retained against the above _I k_ described property, premises and improvements, until the above described note , and all interest thereon are fully paid 4ccording to its face and tenor, effect and reading, when this deed shall become absolute, - - - s WITNESS my hand at Denton Texas o i y this 12 th day of July i 1.9.6 5 . ` DA ID MULKEY Witness at request of Grantor: SINGLE ACKNOWLEDGIVIENT THE STATE OF TEXAS, COUNTY OF D E N T O N BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared . k' DAVIT] MULKEY �o rn to niWo be the person whose name 1 S subscribed to the foregoing instrument, and acknowledged to me that'i.. �'•ht„4 executed the same for the purposes and Consideration therein expressed. =,LGIV V- MDER MY HAND AND SEAL OF OFFICE this the a day of AUgUS t A. D. 1965 (L. 5.} ....._...�........................ .. .................. .. .....-----............. -- - Notary Public in and forte County, Texas ,:v+• WIFE'S SEPARATE ACENOWLEDG34'IENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared , wife of , known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of A, D. 19 (L. S.)................... ............_._.... ...... ............ _.............. -.................................................... .,.... .......... Notary Public in and for County, Texas JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared and ; his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said , wife of the said having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of A. D. 19 (L. S.) ................... ...... ............ ...................... -...... -........................... ....... -•---................................. Notary Public in and for County, Texas THE STATE OF TEXAS, COUNTY OF CP 'I HEREBY CERTIFY that the foregoing instrument of writing with its certificate of authentication, was filed for record in my office on the day of , A. D. 19{r � at 'VQ0o'clock M., and was duly recorded by me on the / 7 . day of A. D. 19 in Vol.page //.I— , of the Records of said County. WITNESS MY HAND and the Seal of the County Court of said County, at my office in 40�� the day and year last above written. (L. S.) ...... .......... .... ........ .... -- - - .. ............ -................. ........................ County Clerk County, Texas By............ ... ............... Deputy. i rim 464 h� i [ i w x After recording return to: Jennifer Walters 1laneous\10\amexationslc.l, yeatts 1.98 ac.doc City Secretary 215 E. McKinney Denton TX 76201 CHAPTER. 212 TEXAS LOCAL GOVERNMENT CODE NON -ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and C. L. Yeatts ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 1.98 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain warranty Deed with Vendor's Lien dated November 23, 1965 from David Mulkey to C. L. Yeatts, filed for record on February 7, 1966 and recorded in Volume 534, Page 171 of the Real Property Records of Denton County, Texas, Said 1.98 acres of land, more or less, is commonly known as DCAD Property ID .No. 3 7462. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETY) for the term of this Agreement, WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas-, Now, THEREFORE, in consideration of the mutual Parties hereto agree as follows: 1 covenants contained herein. the sAour documentslmiscellaneousl10lannexationslc.l, yeatts 1.98 ac.doc 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.overnin 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; I) sAour documents\miscellaneous\14\annexation s\c.1. yeatts 1.98 ac.doc e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 43 7 and § § 17- 141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and In. Moving Buildings, Denton Code §§28-326 — 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on --site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. 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 3 sAour documents\miscellaneous\IQ\annexations\c.l. yeatts 1.98 ac.doc City for the Property during such period if such application or plan is inconsistent with the Development Plan. The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntga Annexation. (A) If an owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C W 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 A.TTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas, Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan e 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. sAour documents\miscellaneousl1Olannexationslc.1. yeatts 1.98 ac.doc 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. i The Parties hereto have executed this agreement as of r , 2010. Owners C. L. Yeatts THE CITY OF DENTON, TEXAS By: t000e ------ . . . ...................................................................... City Manage? Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of , 2010) by C. L. Yeatts. CHRI TA. DICK Notary Public State of 1'ex MY G MISSIOM EXPIRESF-- Notary Public, State of Texas 5 sAour documents\miscellaneous\14\annexations\c.l, yeatts 1.98 ac.doc THE STATE OF TEXAS COUNTY OF DENTON This inst ent was) acknowledged before �� the day oA& ,201 6 by ' Manager eputy City Manag rlDesignated Represents Ve, on beha f of the City of Denton, Texas. %out op! = # Nbtary Public, State of Texms MY COMMIOI APPROVED AS TO LEGAL FORM: ANIT I� IPA vi /",I )a Wary Publi State of Texas rol After recording return to Jennifer Walters 1aneousl10lannexationslc.1. yeatts id no, 37459.doc City Secretary 215 E. McKinu­iey Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON -ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and C. L. Yeatts ("owners"), the property owners of the hereinafter described property (the `Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 1.98 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in the First Tract of that certain Warranty Deed with Vendor's Lien dated August 3, 1965 from David Mulkey to C. L. Yeatts, filed for record on August 13, 1965 and recorded in Volume 527, Page 43 of the Real Property Records of Denton County, Texas. Said 1.98 acres of land, more or less, is commonly known as DCAD Property ID No. 37459. 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 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; sAour documents\miscellaneous\I Olannexationslc.1. yeatts id no. 37459.doc Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm -related and ranch -related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. governing Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (*including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; ►J, sAour documents\miscellaneous\10\annexationslc.l. yeatts id no. 37459.doc 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 Codes 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 3 sAour documents\miscellaneous\10\annexations\c.l. yeatts id no. 37459.doc 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 lave, 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 reement 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 01 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. M sAour documents\miscellaneousl10lannexationslc,l. yeatts id no. 37459.doc 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 "Terns"). 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 2 ILI, 2010. TEE STATE OF TEXAS Owners C. L. Yeatts THE CITY OF DENTON, TEXAS By:000, Cit,yromanager, Deputy City Manager, or Designated Representative 5 s:lour documentslmiscelIaneousll ftnnexationslc.1. yeatts id no. 37459.doc THE STATE OF TEXAS I COUNTY OF DENTON I This instru nt was ac owled ed before -_ the 1" City Manage Representativ ,Von behalf a the City of Denton, Teas. blic, State of Texas my commlo"Idn Expires APPROVED AS TO LEGAL FORM: ANITA BURGE:S S,- CI'TY ATT 'NEY N. _. BY: - Ir day ofAka52VI, by eputy City Manage/Designated I'M Ick) I'd No y Public tate of Texas Z After recording return to: Jennifer Walters ;l1aneous\141annexationsk.l. yeatts id no. 37464.doc City Secretary 215 E. McI-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 C. L. Yeatts ("owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as `Party" or "Parties": Being 1.998 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in the Second Tract of that certain Warranty Deed with vendor's Lien dated August 3, 1965 from David Mulkey to C. L. Yeatts, filed for record on August 135 1965 and recorded in Volume 527, Page 43 of the Real Property Records of Denton County, Texas. Said 1.998 acres of land, more or less, is commonly known as DCAD property ID No. 37460. 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 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; 1 sAour documents\miscellaneous\10\annexationslc.l. yeatts id no. 37450.doc Now, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm --related and ranch --related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (*including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; 2 sAour documents\miscellaneous\IO\annexation slc,I, yeatts id no. 37460.doe d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; L National Electric Code, 2005 Edition with local amendments. j . National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 43 7 and § § 17-141 -- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and M. Moving Buildings, Denton Code §§28-326 — 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 s:lour documentslmiscellaneous\I4lannexationsk.1. yeatts id no, 37460.doc permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed void in Part• VoluntW 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. Seyerabii ty. 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. in 01 sAour documents\miscellaneous1101annexationslc.I. yeatts id no. 37460.doc Section l0. 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. THE STATE OF TEXAS Owners C. L. Yeatts THE CITY OF DENTON, TEXAS By. City Manage , Deputy City Manager, or Designated Representative z sAour documents\miscellaneous\10\annexations\c.l, yeatts id no, 37460.doc THE STATE OF TEXAS I COUNTY of DENTON } This lnstru nt was ac owiedged before me n the?. day of ,2DLO, by ity anager eputy City Manage (Designated Representativ , on behalf o the City of Denton, Texas. I . lliii�� IrP 1�104 .y JENNIFER K6 WALTEP$ t y Publ' State of Texas Notary Pt bllc, Stgta ()f Toxas �6i�4i,,*r APPROVED AS To LEGAL FORM: AID IM me 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 Don Aaron Yeatts and Emily Jane Yeatts ("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 Lot 9, Block A, of Milam Creek Ranch, Phase II, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet 0, Slide 385 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain warranty Deed dated March 30, 2001 from PFS Development Corporation to Don Aaron Yeatts and wife, Emily Jane Yeatts, filed for record on April 5, 2001 and recorded in Volume 4810, Page 2067 of the Real Property Records of Denton County, Texas. Said Lot 9, Block A, Milam Creek Ranch, Phase II, is commonly known as DCAD Property ID No. 202609. 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 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 terra of this Agreement and any extensions agreed to by the Parties shall be limited to farm -related and ranch -related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing 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 C and local amendments; C. The International Fire Code, 2006 Edition with local amendments; 2 d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 -- 43 7 and § § 17-141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457, and M. Moving Buildings, Denton Code §§28-326 — 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Enviromi'lental 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 laver, from the submittal of such inconsistent development application. The owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 1 S0-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part• 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. Sever lity. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as to matters not addressed in this Agreement. M Section 10. Chanre in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the Cit '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 &) / <7 .2010. THE CITY OF DENTON, TEXAS By: City Manage , Deputy City Manager, or Designated Representative THE STATE OF TEXAS I COUNTY OF DENTON I r 11-4 This instrument was acknowledged before me on the day of 2010, by Don Aaron Yeatts. CHRISTINE A. DICK E A y Notary PublicState vi To MY COMMISSION EXPIRES ' of ��} h 2, 2013 Ar 4' F + t � ,tt Notary Public, State of Texas 61 G-- THE STATE OF TEXAS I COUNTY OF DENTON I This instrument was aclmowledged before me on the day of ! U Ao'� , 2010, by Emily Jane Yeatts. �!`-� �$(� '' CHRI TI A, DI"*8 Notary Public 4!Ca'to r)f �, Lik MY commisslt_),N � XVIRC;. w J + March 2, cU 13 61MM0140,11 NOUN— }: THE STATE OF TEXAS I COUNTY OF DENTON I F' Y Notary Public, State of Texas This ins um.ent was acknowledged before me.,on­.-the-- day of 2CI , by voo �r Manag /Deputy City --- ManageZ/Designated eprese4ative, on behalf of the City of Denton, Tex 4 � N Notary Public, State of Texas jary Publ' , State of Texas My Commission Expires Omit APPROVED AS TO-LEGAIL FORM: ANITA BVRCT9 S S, CITY ATTORNEY B'Y" 6 Exhibit A A-96—W'ARANTY PEED —With Single, Joint and Wife's Sepamte Arlmowledgmenta MARTIN Stationery Co., I7allat HIE STATE OE TEXAS 1700 ' I n.ow All Men By These Presents; DENTON County of....... .............................................. s i That we , FREDDY .M000NN E.LL a-nd, wi fg..,. BARB-ARA MCCONNELL . f of the County of Dent 6 n , State of Texas for and in consideration of the sum of AND j�yj /'y *� n jj �[,, �/'�j DOLLARS r r r w. r rr r •.r r r ww ^ re N L3 ■{ D N 1 1/ 10 O � �j.• � V■�� � r� �r w r w.r r. r r r r r r r w. r r ws : r. a r �. r r �.e � and ether - good and val:.uabl.e cons i de-rati on taus, Cash Ynhand paid by KE.N-NETH W, STEWART and wife, DELMA F: t STEWART, the 'fu'11- receipt of which +i s here.b.y a.cknow.l.edged , have Granted, Sold and. Conveyed, and by these presents do Grant, Sell and Convey unto the said KENNETH W. STEWART and wife, DELMA F, STEWART of the County of D e n t v n , State of Texas all thafertain lots tract' or parcel . o.f land si tuated+ i n the. J.■. Mc . E.I Abstract No, 1 1 50., .Degtpn Count Texas. be.' - N L STEWART SURVEY, acre tract in said surveyconveyed � ng. part.'of a certain* 225 y by Ruby L..C.un.ni.ng'h=am et vit^; to James S.. Cunn'i-ngham on January 3, 195.9, re.cer-dad In Vol ume* 442, Page 686, Deed Reco-rds. o.f sai.d County, t.hi s t.ra.ct. b•eing described as Tract No. 3 -, Block "AA"on a plat of a sub-d.i-vi.si.orj'..a'f said tract far .convenience+, and be i-ng. more.:parti cu.1 ar•ly d .' r.i.be'd. as -fo1 1 ows BEGINNING at a steel. sta:ke' o.n: th:e' . south 1 i ne of said - tract and s.ai d + surve-y a.t a , point 5.0 89, de.g■ 24 ! E; 513 ; 0 feet the Southwest corner.''of s.ai d tract and' said survey; from ' THENCE - NORTH. 0 �.e stake; . g,-- 08' E. 6.b4:5:.fe�e.t to a steel THENCE SOUTH 89 deg. 52' E. with the South,J i ne- of a E foot road ?41■5 feet to a steel stake; 60 THENCE SOUTH o de.g. 08, W 666.5 feet to a steel stake on the South line of said tract and said'surve • TH-ENCE NORTH 89 .deg. 24' W. with said line to the PLACE OF BEGINNING, centai ni ng i n all 3', 690 s n 241 •5 feet . acres of land, SUBJECT to the restrictions shown of record in the County Cl ark' s Of f i 6e . of Denton County; Texas, I