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.
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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
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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
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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,
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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
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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.
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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