2014-195s:\legal\our documents\ordinances\14\nunc pro tunc ordinance accepting omitted meritt non annexation agreement-paa3 -al redline.docx
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AN ORDINANCE OF THE CITY OF DENTON, NUNC PRO TUNC, CORRECTING AN
INADVERTENT MISTAKE IN ORDINANCE NO. 2010-042, RELATING TO THE
ACCEPTANCE OF ELIGIBLE NON-ANNEXATION AGREEMENTS FOR
AGRICULTURAL, WILDLIFE MANAGEMENT OR TTMBERLAND USE PROPERTIES
WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE EXISTING CITY
LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS PAA3,
LOCATED ON THE SOUTH SIDE OF GANZER ROAD, NORTH AND SOUTH OF
BARTHOLD ROAD, NORTH OF FM 1173, WEST OF I-35, AND MORE SPECIFICALLY
IDENTIFIED 1N EXHIBITS "A' AND `B' ATTACHED HERETO; SPECIFICALLY BY
1NCLUDING TWO PARCELS OF LAND THAT WERE INADVERTENTLY EXCLUDED
FROM ORDINANCE NO. 2010-042 EVEN THOUGH THE PARCELS WERE SUBJECT TO
A SIGNED NON-ANNEXATION AGREEMENT; PROVIDING FOR SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 9, 2010, the City Council adopted Ordinance No. 2010-042,
which ordinance accepted non-annexation agreements signed by eligible property owners within
an area of approximately 1,076 acres of land generally identified as`�AA3; as legally described
and depicted in the attached Exhibits "A' and `B'to Ordinance No. 2010-042 and attached herein,
that was separately annexed into the City of Denton, Texas via Ordinance No. 2010-119 on May
4, 2010; and
WHEREAS, per Section 43.035, Subchapter B, Local Government Code, a Texas city is
required 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 Cit�s development regulations as if such land were within the City
limits, as provided further in such agreement; and
WHEREAS, the City has recently discovered that two otherwise eligible parcels, as
legally described in Exhibit "C-10' as attached herein, were omitted from approval of non-
annexation agreements by Ordinance No. 2010-042, due to an inadvertent clerical error; and
WHEREAS, the property owners had provided to the City a signed copy of the non-
annexation agreement covering the two eligible parcels that were not included for adoption with
Ordinance No. 2010-042; and
WHEREAS, in the interest of fairness, and for the purpose of carrying out the original
intent of Ordinances Nos. 2010-042 and 2010-119, the City and the affected owners wish to
correct that inadvertent clerical error via this ordinance, nunc pro tunc, by approving a non-
annexation agreement for these eligible parcels, to commence immediately and to expire on the
same date as the rest of the non-annexation agreements approved by Ordinance No. 2010-043,
and to thereafter correct annexation Ordinance 2010-119 via separate ordinance, nunc pro tunc,
to remove these omitted eligible parcels from the City limits and tax rolls, and to reimburse the
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property owners for the City portion of ad valorem taxes paid as a result of being annexed via
Ordinance No. 2010-119; 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 and have now corrected any legal defects
therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The iindings and recitations contained in the prearnble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. A certain area of land was previously denominated in Ordinance No. 2010-
042 as `�AA3 ; which was legally described and depicted in attached Exhibits "A' and `B' to that
ordinance, and incorporated therein by reference. For the purposes of this Ordinance, the term
`�AA3' shall have the same meaning, and such prior legal description and depiction are
incorporated herein by reference.
SECTION 3. A certain offered non-annexation agreement relating to eligible properties
contained within the previously defined PAA3 area, which has been properly executed by the
owners of those properties, and which legally described by prior recorded instruments referenced
therein, is hereby approved and accepted by the City of Denton, Texas. Said agreement is
attached hereto and incorporated to Ordinance No. 2010-042 as Exhibit"C-10'.
SECTION 4. The City Manager is authorized and directed to sign the non-annexation
agreement contained within Exhibit "C-10; for and on behalf of the City of Denton as a
ministerial act, but with an effective date of this Councirs 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. The City Manager shall ensure that the two parcels described in Exhibit"C-
10' are removed from the City tax rolls and is further directed to undertake the necessary steps to
reimburse the property owners the City portion of ad valorem taxes paid for the two parcels for
the tax years subsequent to the adoption of Ordinance No. 2010-119.
SECTION 6. All other provisions of Ordinance No. 2010-042 not specifically amended
herein shall continue in force and effect; however, the provisions of this ordinance shall govern
and control over any conflicting provisions of Ordinance No. 2010-042, to the extent of any such
conflict.
SECTION 7. This Ordinance shall take effect immediately on its passage and approval.
Page 2
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AND IT IS SO ORDERED.
� �
�� ���`� �- � �
PASSED AND APPROVED by the City Council reading this a.? ��i�� of �„m �t����°�r �, 2014.
� � �
......... ._ ��
CHRI,.y !�F �, MA�' P�
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY: n � �+ u...
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ANITA l�U��ESS, CITY ATTORNEY
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Ctty af enton, Texas
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0 500 1,000 2,000 3,000
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Rxh;bit C-10
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This Agreement is entered into pursuant to Section 212.172 Tex. Loca1 Gov't Code by
and b��vve�� the City of Denton, Texas (the "Cit�') and
�� � ,��; �'� � "��vd����" , the ro e owners of the hereinafter described
��e`��� �, ��..�' re��- �� �._�� ) p p rtY
property (the i�ro�r��r"� in Denton Countyy TPJX�y sornetimes individually or
M1J'�A.4ir'�Y V�� li+�:✓i�.V� �� G4.7 CG����„ „33 �� �'�'J. Ci.�,4� ��
a�' �f� �� � ��
�,�, �# ��0 (� �� �� �' � � "' �g,��" �'��� �� �� �. d. � � ,.
��
� � ,t� y � �`� 1 � 7" "/', 1 � � .`i 4'' �Y
� `���,�t ���°�r����� �e�cri��d x� � d���l �����,��rp�° . w � r"� - �� _� ��ch �s r��r�rd�t� at
'�� 4�.���:� ��_�,�,�--� of the Deed ������c�� �a�` 1�„�r���� County, Texas, and
"� �'� � � �� �� � � which is attached
commonly known as Tax Parcel No. ������ ��� ���__—_,
hereto as Exhibit A, consisting of ��aa�r�a�in����1y � acres of land.
WH�11�AS, the Ciiy 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 ("ETJ99) 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 valorern 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 A�eement; and
WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner
and a murucipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section
212.172 for purposes of retaining land-in the-munici�ality's ETJ in excha�ge 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 agreernent authorized
under Tex. Loc. Gov't Code section 43.035; and
WHEREAS, this Agreement is to be recorded in the Real Properiy 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 sta.tus 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, subjeat, howevex, 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-re�at�d uses and customary accessory uses, and
single-family detached farm or ranch dwellings, provided that no single-family dwelling
may be located or conshucted on a lot smaller than five (5) acres. The property ovemer
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. I.ac. 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 managernent 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 -�w�,
("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 subd.ivision and development regulations contained within the
Denton Development Code, as amended, together with applicable
Design Criteria Manuals (includi.ng 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 S�e�ifications fQr Public Works
Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual);
(3) Denton building codes, as contained within Denton Code Chapters 17,
2� and 29, and DDC Subchapter 24, adopting:
a. Intemational Building Code, 2006 Edition with local
amendments;
b. International Residential Code, 2006 Edition with
Appendix G and local amendments;
c. The International F'ire �ode, 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. Intemational Mechanical Cadc, 2006 Edition witlx local
amendments
g. Code of Ordinances Chapter 17, Denton Property
Maintenance Code, as amended;
h. Intemational Energy Conservation Code, 2006 Edition with
regional amendments;
i. Natianal Electric Code, 2005 Edition with local
amendments.
j. National Electric Safety Code, 2003 Edition, with regional
amendments;
k. Minimum housing and builcling standards, Denton Code
§§2&3�3 — 437 and §§i7-141 — 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) Applicabl� 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 Fload 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 Dentan
Drainage Criteria Manual, _ as amended, _ and _ as supplemented by
requirements bf the Texas Water Code, as amended, Texas Natural
Resaurces 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 praduction standazds, as contained in
§35.16.19 and subchapter 22 of the Dentan Development Cade, 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 a''strative standards of the Texas
��"``� Railroad Commission and Texas Commission on Environmental
Quality, as axnended.
�
Section 4. Development Plan to Remain in Effect. Following ternnination of this
Agreement for any reason, the Development Plan set forth in Section 2 sha11 remain in
effect for a period of 180 calcndar days thereafter, or until the effective date of the
annexation and permanent zoning of the Property, whichever first pccurs. 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 incansistent with the Development Plan. The Owners expressly
waive any vested rights that might otherwiae arise u�der loca� or st.�te law, pT' �y CQ]I�OI�
law, from the submittal of such inconsistent development application. The Owners
further a.gree that no use commenced or completed on the Property that is inconsistent
witl� the development plan shall be considered established or in existence prior to the
expiration of the 180-da.y period during which the Development Plan is in effect.
Section 5. A�reement Deemed Void in Part; Voluntarv Annexation.
(A) Ii 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 provisians governing voluntary
annexation of land as may then exist. Owners expressly and irrevocably consent to
annexation of the Property under such circumstances. Owners fiurther 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,Q52, 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 conv�yance, giv� 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 Dento�, 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
judgrnent 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 eguity. Failure to do so shall not be deemed a waiver
to enforce the provisions of this Agreement thereafter. Entry into t�is Agreernent 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 Co�es. This Agreement may be separately
executed in individual counterparts and, upon execution, shall constitute one and saxne
instru.ment.
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 agreernent of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall
survive terminatian of this Agreernent, together with any other provisions, as rnay be
r-� necessary for the implementation of those sections.
�
The Parties hereto have executed this agreement as ��, �'` j
-�-
Owners
� F �
���
� .
_.��.�_ .
� T'HE STATE OF TEXAS
COUNTY OF DENTON
5
THE CITY OF DENTON, TEXAS
�,,�u' ��r% ��-� �
By �� .�� �� �- ��° �.�
� � ��� ��� _
City ��z�r����, Deputy City Manager, or
Designated Representative
This ins ent was acknowledged before me on the � day of
���, l�y �` ,���"��.� ���'�'�'"�e�r'��`��_• -�..
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,. � � , y° M�a �cg�r�r�is�iyon Ep�ggppigres
/f;��F��1'�h�y* 1 ���6p �4J&6 . ......____ .
"i � p4`" Notary Public, S te of Texas
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This instrument was acknowledged before me on the _ I_ day of ��, ,��, r. ��� ,
��4, �=' 3 �.i�' ' ��,� t'4c`�_� r°�_�_ ��'� Y� f'�. � � .
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Notary Public, �t�te of Texas �
This inst��n���t was a�%� �l��d ��fc�r� me on the � _ day of
,�f��_`� bY ' � �.mfi , �: � City
n��� ��utv City Manager/Designated �r�s��t�i�ive, �a� behalf c�f' the City af Denton,
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APPROVED_AS TS? LE.GAL FO .
ANITA B�J R(����, CITY ATTORNEY
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DCT-07�8064—J
EX I "A"
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE JOHN
'PEARSON SURVBY, ABSTRACT NO. 1049, AND THE S.L. JOHNSON SURVEY,
ABSTR.ACT 683, DBNTON COUNTY, TBXAS, BfiINCi PART OF A(CALLED) 381.9612
ACRE FIRST TRACT DESCRIHED IN A DEED TO R.O. MCDONNELL, ET UX,
RECORDED IN VOLUME 2846, PAGE 233, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS, AND BE1NG MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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THENCE SOUTH 00 DEGREES 14 MiNUTES 55 SBCONDS WflST, WITH A EAST LINE
OF SAID F1RST TRACT AND THE WEST LINE OF SAID RANCHO VISTA
DBVELOPMENT CO. TRACT, A DISTANCE OF 3151.42 FEET TO AN IRON PIN FOUND
AT AN INNER ELL CORNER OF SAID FIRST TR.ACT, SAID FIN A�,SO HEING THE
SOUTH'VVEST CORNER OF SAID RANCHO V15TA DEVBLOPMENT CO. TRACT;
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OF SAID FIRST CT THE EAST LINE OF SAID Y Y ENTERPRiSES
TRACT, A DISTANCE OF 3161,74 FEET AN IRON PIN FOUND AT THE NORTHWEST
CORNER OF SAID FIRST TRACT, SAID PIN ALSO BEING THE NORTHEAST CORNER
OF SAID HARRY RINEY ENTER.PRISES TR.ACT;
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