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2012-362 %(+$1$%$1$-"$%.1, 2012362 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords Act Other %(+$2#§º«(´¯º¯§²¹ AmendedbyOrdinanceNo.201419707/15/14JR s:llegallour documentslordinances1121dh-9 accepting non annexation agreements.doC ORDINANCE NO. 2012-362 AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE NON-ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH-9, CONSISTING OF APPROXIMATELY 298 ACRES OF LAND LOCATED NORTH OF POCKRUS PAGE ROAD, NORTH, SOUTH AND NORTHEAST OF EDWARDS ROAD, AND MORE SPECIFICALLY IDENTIFIED 1N EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.052, Subchapter C, Local Government Code, a home rule city is authorized to annex an area identified in an annexation plan, beginning on the third anniversary of the date the annexation plan was adopted; and WHEREAS, the City desires to pursue annexation of DH-9, as hereinafter described which area was placed in a"Three Year Plan" on April 6, 2010; 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 seven 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, and yet other owners to whom notices were sent did not execute the agreements within the allotted period of time, thereby declining the City's offer; and have corrected 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 who timely submitted non-annexation agreements; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAlNS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. s:Uegallour documentslordinances1121dh-9 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, lcnown as DH-9, 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" sha11 control). SECTION 3. Certain non-annexation agreements relating to eligible properties within that parcel identified as DH-9, 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-5". SECTION 4. The City Manager is authorized and directed to sign the non-annexation agreements contained within E�ibits "C-1" through "C-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 DH-9, the City Manager is authorized to rescind the City's action accepting said non-annexation agreements within six months of the effective date of this Ordinance should any property owners subject to the agreements so desire. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. This Ordinance shall take effect immediately on its passage. AND IT IS SO ORDERED. Passed by the City Council reading this 18th day of December, 201 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: � APPR ED A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY - � BY: t � `�=' p � Page 2 U--.- L_►- • i Il� i�11/ IriiiEi��I�`�L�� Legal Description DH-9 ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows: Ordinance 1983-18, Ordinance 1984-17 (Tracts II & III), Ordinance 1984-97, Ordinance 1986-129, Ordinance 1986-130, Ordinance 1986-214, Ordinance 1986-218, Ordinance 1998-256, Ordinance 1999-262, Ordinance 2004-134 (Tract II), and Ordinance 2004-192; and being more specifically described as follows: BEGINNING at a point described in Ordinance 86-130, said point being on the north boundary line of the property described in Ordinance 84-97 and a point in the center of Swisher Road, said point also being the Point of Beginning of the property described in Ordinance 86-130; THENCE North 00° 41' 04" East, 1520, 87 feet with the center of Swisher Road to a point for a corner; THENCE North 89° 50' S8" East, 1655.56 feet to a point for a corner; THENCE northerly along the west line of the property described in Ordinance 86-130 to a point described in Ordinance 98-256, said point being the southeast corner of the property described in Ordinance 98-256; THENCE North 86° 23' 49" West, 1632.5 to a point for a corner, said point being the point of beginning for the property described in Ordinance 98-256; THENCE North 04° 44' 29" East, 283.1 feet to a pin for a corner; THENCE North 72° 08' 23" East, 271.89 feet to a point for a corner; THENCE North 88° 59' 12" East, 526.69 feet to a point for a corner; THENCE South 86° 21' 22" East, 150.03 feet to a point for a corner; THENCE South 86° 20' 48" East, 704.84 feet to a point on a corner, said point being the northeast corner of the property described in Ordinance 98-256 and on the west line of the property described in Ordinance 86-130; THENCE northerly along the west line of the property described in Ordinance 86-130, said point being the northeast corner of the property; THENCE North 89° 29' 03" East, 1261.48 feet to a point for a corner; THENCE North 00° 40' 16" West, 83.55 feet to a point, said point being the beginning of a curve described in Ordinance 86-130; THENCE 552.92 feet along the above referenced curve to a point at the end of the curve; THENCE North 21° 19'44" East, 698.69 feet to a point for a corner, said point on a line as described in Ordinance 82-214; THENCE Westerly along a line described in Ordinance 82-214 to a point for a corner, said point being US Artny Corps of Engineers (USACE) Monument P-238-W; THENCE along a series of courses and distances as described in Ordinance 82-214 as follows; South 82° 18' West, 236.4 feet to USACE Monument P-239-W; South 69° 35' West, 556.8 feet to USACE Monument P-240-W; North 38° 59' West, 1140.8 feet to USACE Monument P-241-W; South 58° 12' West, 672.9 feet to USACE Monument P-242-W; North 88° 58' West, 547.2 feet to USACE Monument P-243-W; North 17° 12' West, 341.7 feet to USACE Monument P-244-W; North 27° 41' East, 164.7 feet to USACE Monument P-245-W; THENCE South 88° 58' East to a point of intersection with the property described in Ordinance 86-129; THENCE Northwesterly along the middle of Pecan Creelc, approximately 1040 feet in a series of courses and distances as described in Ordinance 86-129 to a point of intersection with the east boundaxy of the property described in Ordinance 83-18; THENCE South 4° 11' 22" West, 744.55 feet to a point for a corner, said point being the southeast corner of the property described in Ordinance 83-18; THENCE Westerly approximately 310 feet to a point of intersection with the property described in Ordinance 2004-192, said point being the northeast corner of said property; THENCE South 02° 30' 20: West, 598.74 feet to a point for a corner; THENCE South 86° 34' 09" East, 289.44 feet to a point for a corner; THENCE South 02° 13' 37" West, 296.76 feet to a point far a corner; THENCE North 87° 35' S4" West, 288.25 feet to a point for a corner; THENCE South 02° 28' 11" West, 303.97 feet to a point for a corner; THENCE South 87° 35' S4;: East, 288.25 feet to a point in Swisher Road; THENCE South along the center of Swisher Road, approximately 678.27 feet to a point at a corner; THENCE South 89° 38' S4" West, 2051 feet to a point for a corner; THENCE North to a point of intersection with the property described in Ordinance 86- 218; THENCE North 89° 47' 12" West, 40.21 feet to a point for a corner; THENCE South 04° 19' 30" West, 1507.29 feet to a point for a corner, said point being the southeast corner of said tract and lying in the center line of Edwards Road and having an intersection of a northerly line of the property described in Ordinance 99-262; THENCE Easterly along the centerline of Edwards Road to a point for a corner; THENCE South 00° 21' 39" East, 1328.19 feet to a point for a corner, said point being on the north line of the property described in Ordinance 84-17, Tract II; THENCE Easterly to a point intersecting the east line of the property described in Ordinance 2004-134, Tract II; THENCE South 02° 02' 31" West, 724.32 feet to a point for a corner; THENCE North 87° 02' S0" West, 73.11 feet to a point for a corner; THENCE South 02° 00' 40" West, 596.16 feet to a point on Polcrus Page Road; THENCE Easterly to the Point of Beginning, containing approximately 298 acres. -�� 0 ��,. — _ �� — � � � = t�11N� 1 S � � �II ��111 � = nir ��m � u n�nr � � ,,, f IN/1111 � � I��IIII� II � �+Illl�i tllllf � �tNl�l��lll� ~z �I1� 11� �� 1�11111�111 `+ �1N'N 11�� 11��1N111��1 � Z� • . ❑ �_� rd � � ��1 �[�� a � �� `� �`•� � _�,�` ��/� rl `� � � � -�� D H-9 � � � �� . i �� ■ i =w i � _� : i a� � i =� � �� a� �� i �� ■ � .N■��■�-�,, i�� 111� �� ;, � �� . �� , ' •� � �� ■ �� ■ . � � . ,� �i �N� � . i� �� r, �:' � o:Uegallannexation 2011\dh-9lphillips j doss and glynnis dh-9, line 80.doc 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 J. Doss Phillips and Glynnis Phillips ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being a 1.0959 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed dated December 31, 1996 from David W. Mason to J. Doss Phillips and wife, Glynnis Phillips, filed for record on January 2, 1997 and recorded in Instrument No. 97-R0000117 of the Rea1 Property Records of Denton County, Texas. Said 1.0959 acre tract is commonly known as DCAD Property ID 189728. WHEREAS, the City has given notice of its intent to institute annexation proceedings for an "Annexation Area" that includes the above-described 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 Agreernent; 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, ar 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; o:\legallannexation 20111dh-9lphillips j doss and glynnis dh-9, line 80.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 unless the lot was created prior to the date of this Agreement. 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 sha11 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 rnanagement 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 Manua1); (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 o:Uegal\annexation 20ll1dh-9\phillips j doss and glynnis dh-9, line 80.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 —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. 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 o:llegallannexation 20111dh-9lphillips j doss and glynnis dh-9, line 80.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. A�reement Deemed Void in Part; Voluntarv 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. Recordin�. 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. � o:\legallannexation 20111dh-9lphillips j doss and glynnis dh-9, line 80.doc Section 10. Change in Law. No subsequent change in the law regarding annexation sha11 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. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. 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. In the event that the Denton City Council fails to complete annexation of the proposed Annexation Area, excluding any land subject to an executed non-annexation agreement, and as may be modified by any changes to the City's annexation plan, prior to June 1, 2013, the City Manager is authorized to rescind this Agreement on behalf of the City, if such rescission is requested by Owners prior to December 1, 2013. 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 �.��j � , 2012. Owners � � � I� �' , � J. D s 'llips �'/ p'2 �D /� Glynnis Phillips THE CITY OF DENTON, TEXAS By: '�J �--� City Manager, Deputy City Manager, or Designated Representative 5 o:\legallannexation 2Ul lldh-9lphillips j doss and glynnis dh-9, line 80.doc THE STATE OF TEXAS COUNTY OF DENTON This insttument was acknowledged before me on the � day of � , 2012, by J. Doss Phillips. �; _ • ,��,,,,, ;<�^� � .o�b. yMRISTlNE A. OICK _:', _ Noiary Public State of Texa� MY CO�iAMIS310N EXPIRES 's �;�,�� ,.' Muah 2. 201� � �'nuxu,o`� . . . . - � ,� 4 - _,y?�' THE STAT'E OF TEXAS } COUNTY OF DENTON �� ;� Notary Public, State of Texas This instrument was acknowledged before me on the day of 2012, by Glynnis Phillips. � � � �� 2`� � �� /� Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This ins ent was ackno ledged before,�rr�an day of ��i��2012, by �� % , City Mana er/Deputy City Manager/Designated Represe tive, on behalf of the City of Denton, Texas. `�ipRYPUB��i JENNIFER K, WALTERS ?��'� �"c Notary Pubiic, State of Toxas �N�,� i�; My Commission Expires �%�;;;;;;•�'' December 19, 2014 APPROVED AS TO LEGAL FORM: A1�TITA BURGESS, CITY ATTORNEY ^ �� BY: , �� / _ �/ 1. /1 / � � / ,� ' � � : � � o:llegal\annexation 20111dh-9lwillis, guy wade dh-9, line 73,doc 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 Guy Wade Willis ("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 a 24.58 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed dated May 2, 1979 from Charles L. Muirhead, Jr. to Guy Wade Willis, filed for record on May 2, 1979 and recorded in Volume 950, Page 492 of the Real Property Records of Denton County, Texas, SAVE AND EXCEPT that portion lying within the existing city limits, leaving a called 14.94 acre tract of land that is commonly known as DCAD Prope�ty ID 38580. WHEREAS, the City has given notice of its intent to institute annexation proceedings for an "Annexation Area" that includes the above-described 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. Godt 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 o:Uegallannexation 20111dh-9\willis, guy wade dh-9, line 73.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 fartn or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Re�ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC") as amended pursuant to not limited to the incorporated therein , The Denton Plan, 1999-2020, as amended, including but (RD-5) Zoning District regulations, and standards (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; � o:llegallannexation 20111dh-9lwillis, guy wade dh-9, line 73.doc 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 requirernents of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Cornmission and Texas Commission on Environtnental 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 sha11 remain in effect for 3 o:llegallannexation 20111dh-9lwillis, guy wade dh-9, line 73.doc 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�reement Deemed Void in Part; Voluntarv 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. Recordin�. 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. 0 o:llegallannexation 20111dh-9lwillis, guy wade dh-9, line 73.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 sha11 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. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. 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. In the event that the Denton City Council fails to complete annexation of the proposed Annexation Area, excluding any land subject to an executed non-annexation agreement, and as may be modified by any changes to the City's annexation plan, prior to June 1, 2013, the City Manager is authorized to rescind this Agreement on behalf of the City, if such rescission is requested by Owners prior to December 1, 2413. 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 , 2012. Owner Guy de Willis THE CITY OF DENTON, TEXAS By: �. City Manager, Deputy City anager, or Designated Representative 5 o:llegallannexation 20111dh-9lwillis, guy wade dh-9, line 73.doc THE STATE OF TEXAS COUNTY OF DENTON This instrument was ac�nowledged before me on the � 2012, by Guy Wade W;\��,��SEA/N G'�,��. . •' os n R y•., o.. day of �� O �� ' , . ,� ; � � C� A'. .� r'IN_i � � F � (7 = �°-o'� °'� tExp.S � N t Pub 'c, ta of Texas '�. i�O.GQFS � ,�. /r/',��r i 5i i��\\\\\` THE STATE OF TEXAS COUNTY OF DENTON This ins ent was acknow dged before me on the ��'�= day of ,2012, by City Manager/Deputy City Manager/Designated Represent ue, on behal of the City of Denton, Texas. ;o;�RY?�:;•.,; JENNIFER K. WAITERS :�:' °: Notary Public, State of Texas ;,�;, • ,, My Commission Expires �"-%'f�*�E:� December l9, 2014 ��,�� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r_ _.. __�...._--.� BY: � �� ,� r . s �_ N y Publ' tate of Texas � o:Uegallannexation 2011\dh-9lpyong uk yi dh-9, line 15.doc 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 Pyong Uk Yi ("Owners"), the property owners of the hereinafter described praper�y (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being a 9.960 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated October 2, 2000 from Harland E. Stanton, Bobby G. Stanton, Frank J. Stanton, Oneita Stanton and Virginia Stanton to Pyong Uk Yi, filed for record on October 5, 2000 and recorded in Volume 4689, Page 1873 of the Rea1 Property Records of Denton County, Texas. Said 9.960 acre tract is commonly known as DCAD Prope�ty ID 38636. WHEREAS, the City has given notice of its intent to institute annexation proceedings for an "Annexation Area" that includes the above-described 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. Godt 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 o:\legallannexation 2011\dh-9lpyong uk yi dh-9, line 15.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 unless the lot was created prior to the date of this Agreement. 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��ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 o:llegallannexation 20111dh-9lpyong uk yi dh-9, line 15.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 Cha.pter 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; l. 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 o:Vegallannexation 20111dh-9lpyong uk yi dh-9, line 15.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. A�reement Deemed Void in Part: Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. 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. � o:Uegallannexation 20111dh-9lpyong uk yi dh-9, line 15.doc Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. 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. In the event that the Denton City Council fails to complete annexation of the proposed Annexation Area, excluding any land subject to an executed non-annexation agreement, and as may be modified by any changes to the City's annexation plan, prior to June 1, 2013, the City Manager is authorized to rescind this Agreement on behalf of the City, if such rescission is requested by Owners prior to December 1, 2013. 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 �-- �(� , 2012. Own � Pyong U Yi THE CITY OF DENTON, TEXAS By: r - City Manager, Deputy City anager, or Designated Representative 5 o:llegallannexation 20111dh-9lpyong uk yi dh-9, line 15.doc THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �'p day of S�IV` 2012, by Pyong Uk Yi. �.�,�Y,� Sung Wook Lee � Notary Public * * S�'AT� OF T�XAS b ��My Comm. €xpir�s d8/09/2014 THE STATE OF TEXAS COUNTY OF DENTON Notary Public, Stat of Texas This inst r�ent was cknowledged before me on the �� day of ,2012, by City Manager/Deputy City Manager/Designated Represen e, on beha of the City of Denton, Texas. „�..o..m..�.. �) p�`��PYPU�� JENNIfER K. WALTERS . . 05l�. Bi��i �?� •": Notary Public, State of Texas f ;�;,, E}�, My Commission Expires �"%%;;;;;,.��0 December 19, 2014 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ��, �� ,-� C.�� . -� . �/� / �� "` / . � .o. �1 � ��,i' � . 0 o:Uegal\annexation 20111dh-9�flores, rau( and cynthia dh-9.doc CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Loca1 Gov't Code by and between the City of Denton, Texas (the "City") and Raul Flores and Cynthia Flores ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being a 2.492 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fu11y described in that certain Warranty Deed with Vendor's Lien dated December 7, 2001 from Fredonia Lea Barber and Kim Truelove to Raul Flores and wife, Cynthia Flores, filed for record on December 11, 2001 and recorded in Volume 4981, Page 4381 of the Real Property Records of Denton County, Texas. Said 2.492 acre tract is commonly known as DCAD Property ID 239705. WHEREAS, the City has given notice of its intent to institute az�nexation proceedings for an"Annexation Area" that includes the above-described 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 t� 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; 1 o:\legallannexation 20ll1dh-9lflores, raul and cynthia dh-9.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 unless the lot was created prior to the date of this Agreement. 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. Loa Gov't Code section 212.172(b). Section 3. Governin� Re,gulations. 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 o:Uegallannexation 20111dh-9lflores, raul and cynthia dh-9.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 arnended, 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. Develonment 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 o:Uegallannexation 20111dh-9lflores, raul and cynthia dh-9.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 sha11 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 sha11 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 ATT'N: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. 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 ar 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. � o:llegallannexation 20111dh-9lflores, raul and cynthia dh-9.doc Section 10. Change in Law. No subsequent change in the law regarding annexation sha11 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. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. 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. In the event that the Denton City Council fails to complete annexation of the proposed Annexation Area, excluding any land subject to an executed non-annexation agreement, and as may be modified by any changes to the City's annexation plan, prior to June 1, 2013, the City Manager is authorized to rescind this Agreement on behalf of the City, if such rescission is requested by Owners prior to December l, 2013. Section 14. Survival of Covenants. The covenants in Sections 2, and 4 sha11 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 1�� C� , 2012. Owne 8 Raul Flores . �1 �= Cynthia lores THE CITY OF DENTON, TEXAS By: � = City Manager, Deputy City Manager, or Designated Representative o:llegallannexation 2011\dh-9lflores, raul and cynthia dh-9.doc THE STATE OF TEXAS COUNTY OF DENTON \\��nin ui�iii� ,�`� P� G O �� This instrume,�i v�S..a�c�o�Q'�d 2012, by Raul Flores;` ;•o1P� pG� •. �� _ z � = � 9rF OF i�+P � ��i��' O' FkPf RES. • •. �'� \\\\�� i��//9,3p; i20 ,5 \\\�� THE STATE OF TEXAS COUNTY OF DENTON This instrument wast��powledged 2012, by Cynthia Flore�>��S�PN GO�,,�� .`� •'"PR Y p' • �'� �'. ; ; •01 O�' y � c� _ � ��F Op Z�'�P � i�� '•. R,YPI RE?. •'' . �� `',///��3p1�2o� ��\\\\� THE STATE OF TEXAS COUNTY OF DENTON before me on the �O }� day of �.�J a�"`Y , � No Pubhc, ate f Texas f�. before me on the �� day of �Kvd�� , No Pu lic, a of Texas This i trument w s acknowledged before me o l Q' day of O,2012, by � , 'ty Manage eputy City Manager/Designated Represe tive, on be alf of the City of Denton, Texas. ,,,,,,,, �,.1;nro�B�,, JENNIFER K. WA�TER �_°� �� = Notary Public, State of Texas ��: ' My Commission Expires �'"'' � , 2014 "%;qrEa��;:�'� December l9 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � 1 ..�. ;. r� � . . �r .1/.'% _, �• a- � ,� _ ,- - - o:Uegallannexation 2011\dh-9lgrimes, ray and judy dh-9, lines 8,11,135 .doc 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 Ray Grimes and Judy Grimes ("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": 1. Being a 1.06358 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain General Warranty Deed dated November 29, 2006 from the Estate of Bonnie Epps Coonrod, Deceased to Ray Grimes and Judy Grimes, iiled for record on December 6, 2006 and recorded in Instrument No. 2006-147878 of the Real Property Records of Denton County, Texas. Said 1.06358 acre tract is commonly known as DCAD Property ID 76954. 2. Being a 1.00 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain General Warranty Deed dated June 28, 1999 from Ronald Grimes to Raymond Lee Grimes and Judith Mae Grimes, filed for record on July l, 1999 and recorded in Volume 4372, Page 3163 of the Real Property Records of Denton County, Texas. Said 1.00 acre tract is commonly lcnown as DCAD Property ID 164546. 3. Being a 105.087 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated November 23, 1983 from Wesley G. Stewart to Raymond Lee Grimes and wife, Judith Mae Grimes, filed for record on November 30, 1983 and recorded in Volume 1300, Page 340 and corrected in Volume 1411, Page 654 of the Real Property Records of Denton County, Texas, SAVE AND EXCEPT the following eight (8) tracts: A. A 1.00 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed dated April 12, 1984 from Raymond Lee Grimes and wife, Judith Mae Grimes to Greg McDaniel and wife, Janet McDaniel, filed for record on May 3, 1984 and recorded in Volume 1394, Page 678 of the Real Property Records of Denton County, Texas. Said 1.00 acre tract of land is commonly known as DCAD Property ID 113104. B. A 1.00 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed dated April 12, 1984 from Raymond Lee Grimes and Judith Mae Grimes to Billy Bob Ellison, Jr. and wife, Connie R. Ellison, filed for record on May 3, 1984 and recorded in Volume 1394, Page 685 of the Real Property Records of Denton County, Texas. Said 1.00 acre tract of land is commonly known as DCAD Property ID 113102. o:llegallannexation 2011\dh-9lgrimes, ray and judy dh-9, lines 8,11,135 .doc C. A 1.00 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed dated May 4, 1984 from Raymond Lee Grimes and Judith Mae Grimes to John E. Adelmann and wife, Linda J. Adelmann, filed for record on September 7, 1984 and recorded in Volume 1480, Page 70 of the Real Property Records of Denton County, Texas. Said 1.00 acre tract of land is commonly lcnown as DCAD Property ID 113100. D. A 13.380 acre tract of land, more or less, situated in the Gideon Wallcer Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain General Warranty Deed dated March 28, 1986 from Raymond Lee Grimes and wife, Judith Mae Grimes to RMB Land Co., Ltd., filed for record on April 1, 1986 and recorded in Volume 1851, Page 928 of the Real Property Records of Denton County, Texas. Said 13.380 acre tract of land is commonly lcnown as DCAD Property ID 13139. E. A 4.366 acre tract of land, more or less, situated in the Gideon Wallcer Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Correction General Warranty Deed dated June 12, 1998 from Raymond Lee Grimes and Judith Mae Grimes to the City of Denton, filed for record on July 27, 1998 and recorded in Volume 4140, Page 2055 of the Real Property Records of Denton County, Texas. Said 4.366 acre tract of land is commonly known as DCAD Property ID 199391 and DCAD P�operty ID 38465. F. Being a 10.100 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated September 21, 2005 from Raymond Lee Grimes and wife, Judith Mae Grimes to John R. Polster and wife, Lisa K. Polster, filed for record on October 5, 2005 and recorded in Instrument No. 2005- 123913 of the Real Property Records of Denton County, Texas; now lcnown as Lot 1, Block 1 of Polster Addition, an Addition to the E.T.J. of the City of Denton, filed for record on March 7, 2011 and recorded in Instrument Number 2011-42 of the Plat Records of Denton County, Texas. Said 10.100 acre tract is commonly known as DCAD Property ID 306410. G. A 10.10 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated September 28, 2007 from Raymond L. Grimes and Judith Mae Grimes to John R. Polster and Lisa Polster, husband and wife, filed for record on October 3, 2007 and recorded in Instrument No. 2007-117718 of the Real Property Records of Denton County, Texas. Said 10.10 acre tract of land is commonly lcnown as DCAD Properry ID 524157. H. Being a 1.00 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being more fully described in that certain General Warranty Deed dated June 28, 1999 from Ronald Grimes to 2 o:Uegal\annexation 20111dh-9lgrimes, ray and judy dh-9, lines 8,11,135 .doc Raymond Lee Grimes and Judith Mae Grimes, filed for record on July 1, 1999 and recorded in Volume 4372, Page 3163 of the Real Property Records of Denton County, Texas. Said 1.00 acre tract is commonly known as DCAD Property ID 164546. Commonly lcnown as DCAD Property ID 100087 (Note, called a 66.313 acre tract by DCAD). WHEREAS, the City has given notice of its intent to institute annexation proceedings for an "Annexation Area" that includes the above-described Property, in accordance with Tex, Loc. Godt 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 Ovmers and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subj ect, however, to the provisions of this Agreement. 3 o:\legallannexation 20111dh-9lgrimes, ray and judy dh-9, lines 8,11,135 .doc Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. 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 Re�ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; 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; � o:llegallannexation 201 lldh-9lgrimes, ray and judy dh-9, lines 8,11,135 .doc 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; lc. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; l. Irrigation Standards, Denton Code §§28-441 — 457; and m. Moving Buildings, Denton Code §§28-326 — 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that 5 o:\legal\annexation 20111dh-9lgrimes, ray and judy dh-9, lines 8,11,135 .doc is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section S. 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. 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. 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. � o:llegallannexation 2011\dh-9lgrimes, ray and judy dh-9, (ines 8,11,135 .doc Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. 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. In the event that the Denton City Council fails to complete annexation of the proposed Annexation Area, excluding any land subject to an executed non-annexation agreement, and as may be modified by any changes to the City's annexation plan, prior to June 1, 2013, the City Manager is authorized to rescind this Agreement on behalf of the City, if such rescission is requested by Owners prior to December 1, 2013. 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 v��. /�_, 2012. Owners THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative 7 o:llegallannexation 20111dh-9lgrimes, ray and judy dh-9, lines 8,11,135 .doc THE STATE OF TEXAS COUNTY OF DENTON This instrument was acicnowledged before me on the ��: day of , '� , 2012, by Ray Grimes. � �t�J_ � � r;�"� °=.,:., CHS�I �TIN� A. DICK + � Nutai. :�,iic t;,te of Te ::is � r�,1�.'� MY GOM�vt15510N EXPIR�. -� -. ''i o �E March 2, Z013 - �� _ , . � .. : . . �. _. � • . _ �. . � THE STATE OF TEXAS COUNTY OF DENTON � ,�� - �� 1..� Notary Public, State of Texas This instrument was acknowledged before me on the r�� day of , � , 2012, by Judy Grimes. �ii�. _ ' _ � ��.g cM111iTINE A. o�cK ��Notary Public State o( Texa�. . MY COfiAMISSION ExpIRES _ �. +' M.ron s.:o» %� � � THE STATE OF TEXAS ��A �� Notary Public, State of Texas COUNTY OF DENTON } 1 This instru �nt was ack owled ed before me on the ��►-- day of � , 2012, by � City Manager/Deputy City Manager/Designated � Representat e, on behalf o the City of Denton, Texas. �" RT I+U I ,�`,� a�� JENNIFER K, WALTERS o .. .,. ,,, �?;'� °= Notary Public, State of Texas ;,��;; My Commission Expires ' f `�'� December 19, 2014 '�,`,°�� ,,�. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � � � \X. � , � � N y Publi State of Texas