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2015-061sAlegakour documents \ordinanres \15 \dh -1 accepting non annexation agreements,doc ORDINANCE NO. 2015 -061 AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE NON - ANNEXATION AGREEMENT 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 -1 OF APPROXIMATELY 315 ACRES LOCATED EAST OF H. LIVELY ROAD, SOUTH SIDE OF FM 2449, WEST SIDE OF JOHN PAINE ROAD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C -1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan, and the City desires to pursue annexation of DH -1, as hereinafter described; and WHEREAS, Section 43.035, Subchapter B, Local Government Code requires the City to make offers of non - annexation development agreements to the owners of all properties which have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland within the area to be annexed; and WHEREAS, under a non - annexation agreement between an eligible property owner and the City, the land subject to the agreement retains its extraterritorial status and the owners of such land must abide by the City's development regulations as if such land were within the City limits, as provided further in such agreement; and WHEREAS, the city has offered said non - annexation agreements for a one year term in light of the rapid growth of the Denton area, the need to assure orderly growth, and the inadequate land area currently within the Denton city limits; and WHEREAS, the owners of some eligible properties have executed such non - annexation agreements; the owners of other properties executed such non - annexation agreements but there were defects in the legal description of such properties, or otherwise ineligible; 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 WHEREAS, the City and the owners of eligible properties with insufficient legal descriptions 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 and have now corrected any legal defects therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1_. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. s: \legal \our documents \ordinances \15 \dh -1 accepting non annexation agreements.doc SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as DH -1, is described in Exhibit "A ", attached hereto and incorporated herein, and depicted in Exhibit "B," attached hereto and incorporated herein (except that if there is conflict between the Exhibits, "A" shall control). SECTION 3. Certain non - annexation agreement relating to eligible properties within that parcel identified as DH -1, as described and depicted in Exhibits A and B, which have been properly executed by the owners of those properties and which have legally sufficient property descriptions, are hereby approved by the City of Denton and are attached hereto and incorporated herein by reference as Exhibit "C -1 ". SECTION 4. The City Manager is authorized and directed to sign the non - annexation agreement contained within Exhibit "C -l" 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 agreement 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 -1, 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 day of ��� w .................... 2015, Ili ` WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Al)PR OL) Av` FO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 EXHIBIT "A" Being 267.27 acres of land, more or less, situated in the J.W. Kjellberg Survey, Abstract N0. 1610; the M. Paine Survey, Abstract No. 1036; the George West Survey, Abstract No. 1393; and the S. Paine Survey, Abstract No. 1035, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated January 6, 1998 from Ronald Lee McCutchin to Ronald McCutchin Family Partnership, Ltd., filed for record on January 23, 1998 and recorded in Volume 4015, Page 793 of the Real Property Records of Denton County, Texas. Said 267.27 acres of land, more or less, is commonly known as DCAD Property ID 67349, DCAD Property ID 7331, DCAD Property ID 65056 and DCAD Property ID 67472, respectively. Exhibit B I I I m EXHIBIT "C -I" WLegakAnnexation 2014- 150li- INcCutchin Non - annexation Agreement Extension.doe CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON - ANNEXATION EXTENSION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City ") and Ronald McCutchin Family Partnership, Ltd. ( "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 267.27 acres of land, more or less, situated in the J.W. Kjellberg Survey, Abstract N0. 1610; the M. Paine Survey, Abstract No. 1036; the George West Survey, Abstract No. 1393; and the S. Paine Survey, Abstract No. 1035, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated January 6, 1998 from Ronald Lee McCutchin to Ronald McCutchin Family Partnership, Ltd., filed for record on January 23, 1998 and recorded in Volume 4015, Page 793 of the Real Property Records of Denton County, Texas. Said, 267.27 acres of land, more or less, is commonly known as DCAD Property "ID 67349, DCAD Property ID 73313, DCAD Property 1L o.) w o anu L� r1L Property ID 67472, respectively. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby oticrs to 'allow the Property to relalaila in the City's extraterritorial itla tsdictioll ( "ETJ ") for the terin of this t.apdated 2014 1aoai- aatinexatiaaaa estelisiotl agreement (lae,reilial-ter, the "2014 NAA" or "Agrcetaactat",), which stapersedes and replaces file 20110 NAA previously execote.d by the Parties for all purposes; and O: \Legal\Annexation 2014- 15OH- 1\McCutchin Non - annexation Agreement Extension.doc WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agrecainent and ariy extensi�otis �igrced to by the Parties shall be limited to farm - related and .ranch-related rises wid ctistomary accessory uses, and single- family detached farm or ranch dwellings, provided tliat no single -faun ly 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). PA O: \Legal \Annexation 2014- 15OH- 1\McCutchin Non- annexation Agreement Extension.doc Section 3. Cloverninga PegL- ons. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Ag,reemetrt, provided that the applicat'jon of such regulations does not result in interference with the use of the land for agr icailtu:ral, wildlife management or forestry purposes and does not prevent the continuation of a wise 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 tlae Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site de-sign, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and gather approved Master Plans of the City of Denton, Texas, and tlae North Central al "1`e'xas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (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, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; It. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (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 I DC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and a.s supplemented by the Texas Water Code, as amended, Texas Natural Resoorces Code, as a:niended, "J'ex1as Utilities Code, 3 O: \Legal \Annexation 2014- 15W- 1\McCutchin Non - annexation Agreement Extension.doc 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 anaended, 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. Dev_ l agars e � T'm1,1a too , tn,, .ii 11i .Eff ct• Following expiration or termination of this Agreement for any reason, the Development flan 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 applicationi or plan of development that is subinitted to the City for the Property dLving s1.lcli period if s11cli applicatiori or plan is inconsistent w1t11 the Developrlient Plai, "I "lle Owners expressly waive any vested rights that right otherwise arise render local or state law, or by common law, fizoin. (late submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, 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 El O: \LegaMnnexation 2014- 15 \DH- 1\McCutchin Non - annexation Agreement Extension.doc prospective purchaser or grantee, A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. 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 March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners Ronald McCutchin Family Partnership, Ltd. 5 0:\LegaRAnnexation 2014-15\DH-I\McCutchin Non-annexation Agreement Extension.doc THE CITY OF DENTON, TEXAS B y City Manager, or Cit� lanag;er Deput' C Designated Representative THE STATE OF TEXAS COUNTY OF 91W This insitinnIent was aC Fedvexl beftp-c Me on the day of ry 2014, by Wo qf2odtM%b of the Ronald McCutchin Family Partnership, Ltd. & NORMA L HENNESSY My Commission Expires July 8, 2017 THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before 4WICC. N ;(o) tt �a - Public, St at t e, 46"' 'Texas x as e, on behalf of the City of Denton, Texas. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: day of7 PA 2, y uty City Manager/Designated T�le of exas N P Ib 4 *�r Pu T el After recording- return iWo: Jennifer Walters City Secretary 215 E. McKinney St. Denton, Texas 76201 JENNIFER K. WALTERS Notary Public, State of Texas Commission Expires My Us� December 19, 2018 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: day of7 PA 2, y uty City Manager/Designated T�le of exas N P Ib 4 *�r Pu T el After recording- return iWo: Jennifer Walters City Secretary 215 E. McKinney St. Denton, Texas 76201