2015-068Olegal \our documents \ordinances \15 \paa2 accepting non annexation agreements.doc
ORDINANCE NO. 2015 -068
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 PAA2 SOUTH OF APPROXIMATELY 1,472 ACRES LOCATED ON THE SOUTH SIDE
OF FM 1173, NORTH OF W. UNIVERSITY DRIVE, WEST OF I -35, 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 PAA2 South, 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 \paa2 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 PAA2 South, is described in Exhibit "A ", attached hereto
and incorporated herein, and depicted in Exhibit "B," attached hereto and incorporated herein
(except that if there is conflict between the Exhibits, "A" shall control).
SECTION 3. Certain non - annexation agreements relating to eligible properties within
that parcel identified as PAA2 South, 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 -17 ".
SECTION 4. The City Manager is authorized and directed to sign the non - annexation
agreement contained within Exhibits "C -1" through "C -17" 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 PAA2
South, 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 y? day of ' ' _^ 2015..
Ct[ " S WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
CINN
BY: m _� ........__
APPRO6" I AS T0 LEGAL FORM:
AN [ TA13 S , CITY ATTORNEY
BY:
Page 2
EXHIBIT A
Annexation Tract PAA2 (Page 1 of 5)
BEGINNING at point on the present Denton city limit line, being the northwest comer Of
a tract described in annexation Ordinance 2007-268, and further described in said
ordinance as a right-of-way marker post for a comer in the south line of Farm-to-Market
1173 and in the east line of the Gulf, Colorado and Santa Fe Railroad Company right-of-
way;
THENCE South 2,20 46' 21" E t, along the present Denton city limit line as established
and described in Ordinance 2007-268 and along the east line of the Gulf, Colorado and
Santa Fe Railroad Company right-of-way a distance of 1,860,04 feet to a point for a
comer, said point being the southwest corner of the tract described in said Ordinance'
2007-268;
THENCE South 880 58' 01" East along the present Denton city limit line as established,
described and depicted in Ordinance 2007-268 (Exhibit A and Exhibit A-3 therein) a total
distance of 3,411 feet to a point for a comer, said point being the southeast corner of the
tract depicted in Ordinance 2007-268 (Exhibit A-3) mid said point 0,50 lying on the a
westerly line of a City of Denton annexation tract, e I stablished and described in Ordinance
1969-40 (Tract VI);
THENCE South 02' 57' East, parallel to and 500 feet west of the center line of Interstate
Highway 35, same being the present Denton city limit line established and described in
Ordinance 1969-40 (Tract VI), a distance of 1,103 feet to a point for comer, said point
lying on the most northerly north line of a City of Denton annexation tract described in
Ordinance 196543 (Tract V);
THENCE West along the present Deriton city limit line as established and described in
Ordinance 1965-43 (Tract V) a distance of 244 feet to a point for a comer, said point
being the most northerly northwest of said City of Denton annexation tract established
and described in Ordinance 196543 (Tract V);
THENCE Soud-j along the present Denton city limit line as established and described in
Ordinance 1965-43 (Tract V), being 600 -feet from and parallel with t ' he West right-of-
way line of Interstate Highway 35, a distance of 1,860 feet to a point for a corner, said
point being the northeast corner of a City of Denton . annexation tract established and
described in Ordinance 1985 -31;
THENCE North 89' 5 P 30" West along the present Denton city limit line as established
and described in Ordinance 1985-31 a distance of 1,961.87 feet to a point for a comer;
THENCE South 000 54' 39" East continuing along the present Denton city limit line as
established and described in Ordinance IM-31 a distance of 1,165.47 feet to a point for
a corner;
Annexation Tract PAA2 (Page 2 of 5)
THENCE Southeasterly continuing along the present Denton city limit line as established
and described in Ordinance 1985- 31.and along a curve to the left on the east right -of -way
line of the A T & S R Railroad an are distance of 1,324.91 feet as described in Ordinance
85 -31 to a point for comer;
THENCE Southeasterly continuing along the present Denton city limit line as established
and described in Ordinance 1985 -31 and along a curve to the left on the east right -of -way
line of the A T & S R Railroad an are distance of 254.27 feet as described in Ordinance
85 -31 to a point for corner,
THENCE South 330 02' East continuing along the present Denton city limit line as
established and described in Ordinance 1985 -31 and along the east right -of -way Iine of
the A T & S R Railroad distance of 94.68 feet, as described in Ordinance 85 -31, to a
point for corner, said point lying on the most westerly north line of a City of Denton
annexation tract described in Ordinance 1965 -43 (Tract V);
THENCE West continuing along the present Denton city limit line as established and
described in Ordinance 1965 -43 (Tract V) a distance of 119.22 feet to a point for comer,
said point being on the west right -of -way line of the A T & S R Railroad and being the
most westerly northwest comer of said annexation tract described in Ordinance 1965 -43
(Tract V);
THENCE Southeasterly continuing along the present Denton city limit line as established
and described in Ordinance 1965 -43 (Tract V) and along the west right -of -way line of the
A T & S R Railroad a distance of 490 feet to a point for comer, said point being the
northeast comer of a City of Denton annexation tract established and described by
Ordinance 1970 -34;
TFIENCE South 89° 09' West continuing along the present Denton city limit line as
established and described in annexation Ordinance 1970 -34 a distance of 2,612.8 feet to a
point for comer, said point being the northwest comer of said tract described in
annexation Ordinance 1970 -34;
THENCE South 001 42' 30" East continuing along the present Denton city limit line as
established and described in annexation Ordinance 1970 -34 a distance of 2,680 feet-to a
point for corner, said point being the most westerly northeast corner of a City of Denton
annexation tract established and described by Ordinance 196940 (Tract VII);
THENCE North 88° 50' West continuing along the present Denton city Iimit line as
established and described in annexation Ordinance 196940 (Tract VII) a distance of
1,478 feet to a point for corner, said point being the most southerly southeast comer of a
City of Denton annexation tract established and described by Ordinance 2006 -364 and
also lying on the east line of Masch Branch Road;
Annexation Tract PAA2 (Page 3 of 5)
THENCE North continuing along the present Denton city limit line as established and
described in annexation Ordinance 2006 -364 and along the east line of Masch Branch
Road a distance of 2,603 feet to a point for corner, said' point being, e northeast corner
of said Ordinance 2006 -364 annexation tract;
THENCE North 89148' 00" West continuing along the present Denton city limit line as
established and described in annexation Ordinance 2006 -364 a distance of 50 feet to the
west right -of= -way Iine of Masch Branch Road to a point for comer, said point also being
the southeast corner of a City of Denton annexation tract established and described by,
Ordinance 2007 -76;
THENCE North continuing along the present Denton city limit line as established and
described in annexation Ordinance 2007 -76 and along the west right -of -way line of
Masch Branch Road a•distance of 835.54 feet to a point for corner;
THENCE North 44° 57' 37" West continuing along the present Denton city limit line as
established and described in annexation Ordinance 2007 -76 and along a right -of -way
flare of Masch Branch Road a distance of 70.76 feet to a point for comer;
THENCE North 890 55' 14" West continuing along the present Denton city limit line as
established and described in annexation Ordinance 2007 -76 and along the south right -of-
way line of Masch Branch Road a distance of 854.47 feet to a point for comer;
THENCE South continuing along the present Denton city limit line as established and
described in annexation Ordinance 2007 -76 a distance of 883.64 feet to a point for
corner, said point being the northwest corner of a City of Denton annexation tract
established and described by Ordinance 2006 -364;
THENCE South continuing along the present Denton city limit line as established and
described in annexation'Ordinance 2006 -364 a distance of 1,371.66 feet to a point for
corner, said point being the southwest corner of a City of Denton annexation tract
established and described by Ordinance 2006 -364 and also lying on the north line of a
City of Denton annexation tract established and described by Ordinan ce 1,986.23;
THENCE South 89° 02' 33" West continuing along the present Denton city limit line as
established and described in annexation Ordinance 1986 -23 a distance of 1,168 feet to a
point for comer, said point being the northwest corner of said Ordinance 1986 -23
annexation tract;
THENCE South 000 49' 16" East continuing along the present Denton city limit line as
established and described in annexation Ordinance 1986 -23 a distance of 969.60 feet to a
point for corner, said point being the southwest comer of said Ordinance 1986 -23
annexation tract and lying on the a northerly line of a City of Denton annexation tract
established and described by Ordinance 74-36 (Tract');
Annexation Tract PAA2 (Page 4 of 5)
T11ENCE North 880 50' West continuing along, he present Denton, city limit line as
established and described in annexation Ordinance 74 -36 (I'rant a distance of 1,905
feet to a point for comer, said point being on the west line of a 60.474 acre tract of land
described in deed recorded under Instrument Number 2008 - 132154, Real Properly
Records, Denton County, Texas;
THENCE North 21 14' 50" East, along the west line of said 60.474 acre tract a distance
of 923 feet to the northwest corner of the said 60.474 acre tract to a point for corner,
THENCE South 87° 54' 20" East, along the north line of said 60.474 acre tract a distance
of 507 feet to a point for corner, said point being the southwest corner of a 40.24 acre
tract of land described in deed recorded under Instrument Number 2003- 207507, Real
Property Records, Denton County, Texas;
THENCE North 000 20' 00" West along the west line of said 40.24 acre tract a distance
of 2,280.05 feet to a point at the northwest corner of said tract and in the center of Masch
Branch Road;
THENCE North a distance of 25 feet to a point for comer, said point being the
intersection of the implied east right -of -way line of a northisouth section of Masch
Branch Road and the implied north right -of -way line of an east/section of Masch Branch
Road;
THENCE' northerly along the courses and distances of the implied cast right-of-way line
of Masch Branch Road a total distance of 5,:545 feet to a point for corner, said point being
on the southwest comer of a 4.998 acre tract described in City of Denton Ordinance
2001 -318 (Krum/Denion Mutual Boundary Agreement (Exhibit A (Tract 4)));
THENCE South 891 53' 33" East, along the present Krum/Denton Future Mutual
Boundary Line referenced in City of Denton Ordinance 2001 -318, a distance of 418.50
feet to a point for a corner;
THENCE North 000 16' 13" West, along the present Krum/Denton Future Mutual
Boundary Line referenced in City of Denton Ordinance 2001 -318, a distance of 520.80
feet to a point for corner, said point being the northeast comer of the property described
in Ordinance 2001 -318 (Exhibit A (Tract 4)) and the southeast corner of the property
described in Ordinance 2001 -318 (Exhibit A (Tract 3));
THENCE North 00° 09' 01" West, along the present Krum/Denton' Future Mutual
Boundary Line referenced in City of Denton Ordinance 2001 -318, a distance of 745.53
feet to a point for a corner, said point being the northeast corner of the property described
in Ordinance 2001 -318 (Exhibit A (Tract 3)) and located on the south right-of-way line of
F.M. 1173;
Annexation Tract PAA2 (Page 5 of 5)
THENCE easterly along course and distances of the south right-of-way line of F.M.
1173, a total distance of 4,385 feet to the POINT OF BEGINNIING and containing 1;480
acres of land.
Fxhihit R
City of Denton, Texas
PAA2 - 1,479 Acres
IPM
E
Feet
0 500 1,000 2,000 3,000
EXHIBIT 66C -1"
oAlegal \annexation 2014- 15 \paa2\sk1edar, wolfgang & astrid 61196 non - annexation agreement extension.doc'
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 Wolfgang Skledar and Astrid Skledar
( "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 the East part of Tract 30, Little Brook Estates, Unit No. 2, an Addition to Denton
County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the
Plat Records of Denton County, Texas, and containing 7.47 acres of land, more or less,
situated in the J. Haney Survey, Abstract No. 515, Denton County, Texas, and being more
fully described in that certain Warranty Deed with Vendor's Lien dated April 14, 2009
from Jess Elrod and Sheryl Elrod to Wolfgang Skledar and Astrid Skledar, filed for record
on April 17, 2009 and recorded in Instrument Number 2009 -45939 of the Real Property
Records of Denton County, Texas. Said East part of Tract 30, Little Brook Estates, Unit
No.2, is commonly known as DCAD Property ID 61196.
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 Govermnent 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
offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "BTJ") for the
term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or
"Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties
for all purposes; and
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 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 shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
2
this Agreement, 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, 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;
h. 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 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;
3
(6) Applicable Flood Protection, Drainage and related standards, as contained within
Chapter 30 of the Denton Code, as amended, 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 expiration or termination
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180 -day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) 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.
4
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
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
Wolfgang S
5
Astrid Skledar
THE CITY OF DENTON, TEXAS
IIy° M_
Ci ria r, Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON }
This instrument was acknowledged before me on the day of...� 1 ,
2014, by Wolfgang Skledar.
„
KASSIE ALMZER _
MY COMMISSION EXPIRES �
Ma 29,2018 Notary I t� lie State of "l °exs
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of
2014, by Astrid Skledar.
Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
mm M 1 rat
! bda o ) " ' by
This rniettt was ac r d g' c before tue tl G)eputy City M anager /Designated
1Y V n
.... _w .�.�a
l epreschlattve, on behalf of the City of Denton, Texas.
JENNIFER K. VJALTERi
Notary Public, Stole of Texas
My Commission Expires
n
December 19, 2018
0
t pry I`ub ` � State of Texas
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
�o zot a ooi zoosa
Instrument Number: 2014 - 120664
As
Recorded On: November 25, 2014 Divorce Decree
Parties: WOLFGANG SKLEDAR
To
Comment:
( Parties listed above are for Clerks reference only )
** THIS IS NOT A BILL **
Divorce Decree 74.00
Total Recording: 74.00
Billable Pages: 13
Number of Pages: 13
** * * * * *** * ** DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Record and Return To:
Document Number: 2014 - 120064
RYAN D ADAIR
Receipt Number: 1229129
RYAN D ADAIR LAW PLLC
Recorded Date/Time: November 25, 2014 03:04:32P
2901 CORPORATE CIRCLE
FLOWER MOUND TX 75028
User / Station: D Kitzmiller - Cash Station 2
" "art THE STATE OF TEXAS }
1'
COUNTY OF DENTON }
"
M„* 1 hereby certify that this Instrumonl was FILED In the File Number sequence on the daleltimo
A printed heron, and was duly RECORDED In the Official Records of Denton County, Texes.
➢ f
P
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J
County Clerk
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-
Denton County, Texas
a° (Faf;(arast) Stainz District Court
Hauptplatz 11, 8510 Stainz
Telephone 03463/2305
5 Fam 8/13 d -4
Please quote this reference in all submissions
DIVORCE BY MUTUAL CONSENT
DECISION
Divorce matter
Man:
QD
First name:
C DDR. MICt3UM
"'� N ,.
Uhary adswn Qo icX6ura
Date of birth:
rM �� A M K,l1- ae
f y wi
Geau, Axeiria Sei4 dpl3
tfrge ` mp: Stainz District Court, Received 8th July 2013)
Austria
Address:
4243 FM 1173 Krum
Address:
TX 76249 (USA, Texas)
,r
a° (Faf;(arast) Stainz District Court
Hauptplatz 11, 8510 Stainz
Telephone 03463/2305
5 Fam 8/13 d -4
Please quote this reference in all submissions
DIVORCE BY MUTUAL CONSENT
DECISION
Divorce matter
Man:
First name:
Wolfgang
Surname:
Skledar
Date of birth:
29.7.1973
Place of birth:
Graz
Citizenship:
Austria
Address:
4243 FM 1173 Krum
Address:
TX 76249 (USA, Texas)
Woman:
First name:
Astrid
Surname:
Skledar
Family name:
Teferi
Date of birth:
2,12.1966
Place of birth:
Graz
Citizenship:
Austria
Address:
8524 Bad Gams No. 40
Marriage: At the Civil Registry Office /s association Stainz, on the 26.5.2007,
Marriage Register Book No.: 15/2007
This marriage is dissolved pursuant to § 55 a of the Marriage Act, with the effect that it is dissolved
with the entry of this decision into legal force.
(Office stamp: This copy became legally effective on the 11.6.2013 (date hand written)
as a result of the waiving of the right of appeal
and enforceable and materially legally effective
on the 28.6.2013 (date hand written)
Stainz District Court
dated the 8th July 2013 �Tr(' ,rJ o d °•
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(Office stamp: Mag. Gernot SIFKOVITS (initialled)
For the accuracy of this copy,
the Director of the Business Department)
Grounds
The marriage is the first marriage for the second applicant.
The marriage is the second marriage for the first applicant; the previous marriage was dissolved
through divorce before Voitsberg District Court with Ref. 11C 15 /00z.
The marriage produced no children.
The marital relationship has broken down irredeemably and conjugal cohabitation by the applicants
has been suspended for at least half a year.
There is no prospect for the reinstatement of conjugal cohabitation by the applicants.
The applicants are in agreement concerning the divorce. They have concluded an agreement
governing the consequences of the divorce within the meaning of § 55 a Para. 2 of the Marriage Act.
Stainz District Court
Department 1, on the 11.6.2013
Mag. Anita Schmidbauer
Judge
(Office stamp superimposed: illegible)
Electronic copy
pursuant to § 79 GOG
Formal afftdcndt: This is to certify that the above is to the best of my knowledge a true and complete
translation of the German original before me.
Leoben, 1110712013
Mag.phil. Eclith Haidacher °- Steinklauber ALAS
Court - appointed and certified translator and rote
Windischbergweg 15
A -8700 Leoben
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3
Bezirksgericht Stainz
Hauptplatz 11, 8510 Stainz
Telefon 03463/2305
5 Farn 8/13 d-4
Sitte f0hren Sie dieses Zeichen in allen Eingaben an.
BESCHLUSS
Scheidungssache
Mann:
Vorname:
Wolfgang
Familienname:
Skleclar
Geburtstag:
29.7.1973
Geburtsort:
Graz
Staatsbijrgerschaft:
Osterreich
Anschrift:
4243 FM 1173 Krum
Anschrift:
TX 76249 (USA, Texas)
Fra[A:
Vorname:
Astrid
Familienname:
Skleclar
Geschlechtsname:
Teferl
Geburtstag:
2.12.1966
Geburtsort:
Graz
Staatsbijrgerschaft:
6sterreich
Anschrift:
8524 Bad Gams Nr. 40
SCHEIDUNG IM EINVERNEHMEN
Eheschlie6ung vor dem Standesamt/sverband Stainz, am 26.5.2007,
Ehebuch Nr:15/2007.
Diese Ehe wird gemSO § 55a Ehegesetz mit der Wirkung geschieden, class sle
mit Eintritt der Rechtskraft dieses Beschlusses aufgeldst ist.
Beg r 0 n d u n a
seite 1
CJ
Dicjso AustarOgung' wurde W All
1 dgo RechismiltOlverzicht"
0 c
cf�
r,;'h't'sk0AhI,g LIM vollstreckbar
tine materiall rciclitskrAttig
am
Bezirk4)&jA Stainz
AM I—& jutj 7013
maq, Gerool
wilat der
Eheschlie6ung vor dem Standesamt/sverband Stainz, am 26.5.2007,
Ehebuch Nr:15/2007.
Diese Ehe wird gemSO § 55a Ehegesetz mit der Wirkung geschieden, class sle
mit Eintritt der Rechtskraft dieses Beschlusses aufgeldst ist.
Beg r 0 n d u n a
seite 1
CJ
Die Ehe ist fur die Zweitantragstellerin die erste Ehe.
Die Ehe ist fOr den Erstantragsteller die zweite Ehe; die Vorehe wurde durch Scheidung
vor dem BG Voitsberg zu IIC 15 /00z aufgelbst.
Der Ehe entstammen keine gemeinsamen Kinder.
Die Ehe ist unheilbar zerruttet and die eheliche Gemeinschaft seit mindestens einem hal-
ben]ahraufgehoben.
Es besteht keine Aussicht auf Wiederherstellung der ehelichen Lebensgemeinschaft der
Antragsteller.
Die Antragsteller sind sich fiber die Scheidung einig. Sie haben eine Vereinbarung fiber
die Scheidungsfofgen im Sinne des § 55 a Abs 2 EheG geschlossen.
gg s
Bezirksgericht Stainz
Abteilung 1, am 11.6.2013
Mag. Anita Schmidbauer
Richterin
Seite 2
r
I
APOSTILLE
(Convention de La Haye du 5 octobre 1961)
1. Land: Osterrelch
Pays: Autriche
Diese Offentliche Urkunde / Le pr6sent document officiel
2. ist unterzeichnet von Veronika Osenik
a 6t6 signer par
3. in ihrer Eigenschaft als Leiterin der Geschaftsabtellung 5 FAM des
Bezirksgerichtes Stainz
(Richter Mag. Gernot SiMovits)
agissant en qualit6 de
4. Ist versehen mit dem Siegel /Stempel des Bezirksgerichtes Stainz
le sceau /timbre qui y figure est celui de
Bestatigt / Ainsi fait
S. in Graz 6. am 17 JuII 2013
6 (lieu) le (date)
7. dutch das Landesgericht fllr ZRS Graz 8. unter Zl. 1 Jv 8527113 -25
par (autoritis d'attestation) sous No du registre
9. Siegef /Stempel 10. Unterschrift
des L,a desg riiphtes fllr ZRS Graz .m --
FOr den Prdsl enGcn:
Manuela Stei t,r
SCeau Diu Ide bre� r� Signature
f
Q� t
0t vurhN „i
4
4 JA;V (Eagle Emblem)
�I IJ'd LIC OF AUSTRIA
-- AINZ DISTRICT COURT
(Office stamp: Stainz District Court
Received 8th July 2013) (initialled)
COPY OF SETTLEMENT
FAMILY LAW MATTER:
1st Applicant
Astrid Skledar
date of birth 02.12.1966
Nr. 40
8524 Bad Gams
2nd Applicant
Wolfgang Skledar
4243 FM 1173, Krum
US -76249 Texas
on account of: Divorce by mutual consent
iJY3I1R. dJtBC�7t0EVl
rzr�op A adieu
G—, Ae11';. seta 191:1
5 FAM 8/13 d -5
Please quote with all submissions
(Office stamp: Eagle Crest
This decision copy is legally effective and enforceable
Stainz District Court
on the 28.6.2013 (date hand written))
(Office stamp: Mag. Gernot SIFKOVITS (initialled)
For the accuracy of this copy,
the Director of the Business Department)
In the hearing dated the 11.6.2013 the parties concluded the following
Divorce Settlement
pursuant to § 55 a Para 2 of the Marriage Act
1.0. Financial support
Hauptplatz 11
851DStainz
Tel.: +43 (0)3463 2305 -0
The applicants reciprocally renounce all claims to the receipt of financial support based on
whatever legal title. This shall also be applicable in the case of altered circumstances or an altered
o e,
__ COtiNl
��DR.
- ®Imei®,hLuro
M., A Kula,
Grus, A-,!r Suit M3
5 FAM 8/13 d
legal situation, in particular also in the case of the expected or unexpected, negligent or non -
negligent as well as the considered or presently not considered privation or illness of an applicant. .
The first applicant is at present unemployed and receiving social security coverage from AMS,
the second applicant is self- insured in the United States of America, where he is self - employed.
The judge instructed the parties that a joint social security insurance will no longer be
possible following the divorce and also that social services could be discontinued on the basis of a
renunciation of a claim to the receipt of financial support.
The applicants, following legal instruction concerning the possible consequences of a
renunciation of a claim to the receipt of financial support (loss of the widows or widowers pension, a
possible loss of a compensatory allowance, etc.) as well as in full knowledge of the relevant Supreme
Court case law (3 Ob 229/98t, 6 Ob 163/04w, 7 Ob 98/05b) and in full knowledge of their respective
income and asset circumstances in view of their stated renunciation and after specifying the receipt
of further guidance regarding the consequences of the divorce under social security legislation,
reciprocally agree to this renunciation of a claim to'the receipt of financial support and furthermore
reciprocally declare that they will refrain from the assertion of possible marital transgressions. By
mutual consent it is recorded that there are presently no financial support arrears.
2.0. Marital Residence
The marital residence 4243 FM 1173 Krum TX 76249 (USA, Texas) is a single family house which is the
property of the second applicant. The first applicant has already moved out of the marital residence
(on the 20.3.2013) and cleared said residence of her moveable belongings and turned it over to the
second applicant in a vacated state together with the keys. The first applicant renounces all claims
arising from this marital residence and the second applicant accepts this waiver.
3.0. Marital tangible Assets
The marital tangible assets have already been divided up extra - judicially by mutual consent and each
shall retain that which is presently in his /her possession in his /her ownership.
,W
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J,
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..
5 FAM 8/13 d
4.0. Marital savings
The applicants state that they have no joint savings and are not the owners of life insurance policies
of which the other spouse is a beneficiary.
5.0. Marital liabilities
The applicants state that they have no joint liabilities and that they have not guaranteed a liability of
the other spouse.
6.0. General clause
With this settlement, all of the applicants reciprocal legal claims under asset law are cleared and
settled. Both applicants therefore renounce the assertion of further claims according to §§ 81
continuous of the Marriage Act, as well as the right to petition regarding this.
Stainz District Court, Department 1,
Stainz, 11th June 2013
Mag. Anita Schmidbauer, Judge
Electronic copy
pursuant to § 79 GOG
Formal affidavit.° This is to cert )5P that the above is to the best ofYny knowledge a true and complete
translation of the German original before me.
Leoben, 1110711013
Magphil. Edith Haidacher- Steinklauber MAS
Court - appointed and certified translator and inter prete
Windischberg",eg 15
A -8700 Leoben
t'
rr 2f: §uu0o; aaa aVd�iru l:= ooza��Ilra,iim ;nu�Uoalluca:aup
L 4I1. REPUBLIKOS'r'E
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f�. ^.?II'i.SgeYICllt a�al„T_ 8,510 SNa hw
Eir;gel. p d. JULI 2013 I .I..C,I.: 143 (0)3463 2305 0
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4".(Rwlh, .Ji4,1t'.cb -fld, .....,Ak1
VERGLEICHSAUSFERTIGUNG
FAMILIENRECHTSSACHE:
1. Antragstellerlin
Astrid Skledar
geb. 02.12.1966
Nr. 40
8524 Bad Gams
2. Antragstellerlin
Wolfgang Skledar
4243 FM 1173, Krum
US -76249 Texas
to
fIllM(r) SesohluB- Ausferligung
Id mahtskrafiig and volletreokbar.
Bezirksgericht Stain
n, j " ?, 1"
Wegen: Scheidung im Einvern-ehmen
Mag, Gernot SIMOVIT-
1=ppt a4C¢a 6a,uYkali pt it ey' *� �,tdwi <yagi�yt
t9aS� l.�.Iti�ra [Iti.r t"a >�i,¢�t>t�,at�7,c�kgt i T,
In der Verhandlung vom 11.6.2013 schlossen die Parteien nachstehenden
S c h e i d u n a s v a r n I p i c h
gem. § 55 a Abs 2 EheG
1.0. Unterhalt:
Die Antragsteller verzichten wechselseitig auf jegliche UnterhaltsansprOche aus
welchem Titel such immer. Dies gilt auch fur den Fall geanderter Verhaltnisse oder
geanderter Rechtslage, insbesondere auch fur den Fall der erwarteten oder
unerwarteten, der verschuldeten oder unverschuldeten sowie der bedachten oder
derzeit nicht bedachten Not oder Krankheit eines Antragstellers.
Die Erstantragstellerin ist derzeit arbeitslos and Ober das AMS sozialversichert, der
Zweitantragsteller selbst versichert in den Vereinigten Staaten von Amerika, wo er
1 von 3
i
«
n�
5 FAM 0/13 d
selbstandig tatig ist.
Die Richterin belehrt darOber, dass nach der Scheidung eine Mitversicherung nicht
mehr moglich ist and auch Sozialleislungen aufgrund eines Unterhaltsverzichtes
wegfallen konnen.
Die Antragsteller nehmen nach Rechtsbelehrung Ober allfallige Folgen eines
Unterhaltsverzichtes ( Wegfall der Witwen -bzw Witwerpension, allfalliger Wegfall einer
Ausgleichszulage, etc) sowie in Kenntnis der einschlagigen Rechtssprechung des
Obersten Gerichtshofes (3 Ob 229/98t, 6 Ob 163/04w, 7 Ob 98/05b) and in Kenntnis
ihrer jeweiligen Einkommens- ',.Lind Vermogensverhaltnisse im Hinblick auf ihren
abgegebenen Verzicht and nach Angabe auf eine weitere Beratung betreffend
sozialversicherungsrechtlicher Folgen der Ehescheidung diesen Unterhaltsverzicht
wechselseitig an and erklaren auRerdem, wechselseitig auf die Geltendmachung
allenfalls gesetzter Eheverfehlungen zu verzichten. Im Einvernehmen wird auch
festgehalten, dass derzeit kein Unterhaltsruckstand besteht.
2.0. Ehewohnung:
Bei der Ehewohnung 4243 FM 1173 Krum TX 76249 (USA, Texas) handelt es sich um
ein Einfamilienhaus, welches im Eigentum des Zweitantragstellers stelit. Die
Erstantragstellerin ist bereits am 20.3.2013 aus der Ehewohnung ausgezogen Lind hat
these von ihren Fahrnissen geraumt and in geraumten Zustand inklusive SchlOssel an
den Zweitantragsteller zuruckgestellt. Die Erstantragstellerin verzichtet auf jegliche
Anspruche aus dieser Ehewohnung in Texas and nimmt der Zweitantragsteller diesen
Verzicht an.
3.0 eheliches GebrauchsvermSgen
Das eheliche Gebrauchsvermogen wurde bereits im Einvernehmen auRergerichtlich
aufgeteilt and behalt jeder das in seinem Eigentum, was sich derzeit in seinem Besitz
befindet.
m
4.0. Eheliche Ersparnisse
Die Antragsteller geben an, keine gemeinsamen Ersparnisse zu haben Lind nicht
a Ada a �
��f�
APOSTILLE
(Convention de La Haye du 6 octobre 1961)
1.
Land:8sterretch
Pays: Autriche
Diese Mentliche Urkunde / Le pr6sent document officiel
.a
2.
ist unterzeichnet von Veronika Osenik
a Eta signs par
3.
in ihrer Eigenschaft als Letterin der Geschfiftsabtellung 5 FAM des
Bezirksgerichtes Stainz
(Richter Mag. Gernot Slfkovits)
agissant en qualitd de
4.
1st versehen mit deco Siegel /Stempel des Bezlrksgerichtes Stainz
le sceau /timbre qui y figure est celui de
Bestatigt / Ainsi fait
S.
in Graz 6. am 17 Jull 2013
6 (lieu) le (date)
7.
durch das Landesgericht flir ZRS Graz 8. unter ZI. 1 Jv 8526113 -25
par (autorM d'attestation) sous N° du registre
9.
Siegel/Stempel 10. Unterschrift
des L.andp,sgeriphtes fOr ZRS Graz
FOr den Prasgd
Manuela teiner
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EXHIBIT 66C -2"
oAlegal \annexation 2014- 15 \paa2 \ellison, malcom 61084 non - annexation agreement extension.doc
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 Malcom C. Ellison ( "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 Tract 8, Little Brook Estates, an Addition to Denton County, Texas, according to the
map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records of
Denton County, Texas, and being 16 acres situated in the James Haney Survey, Abstract
No. 515, Denton County, Texas, and described in that certain Warranty Deed with
Vendor's Lien dated January 11, 1980 from Leiland Woodrow Killian to Malcom C.
Ellison and wife, Linda Ellison, filed for record on January 15, 1980 and recorded in
Volume 996, Page 731 of the Real Property Records of Denton County, Texas. Said Tract
8, Little Brook Estates, is commonly known as DCAD Property ID 61084.
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
offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ") for the
term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or
"Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties
for all purposes; and
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 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 shall apply to any
development of the Property, as may hereafter be amended from time to- time during the term of
2
this Agreement, 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, 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;
h. 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 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;
3
(6) Applicable Flood Protection, Drainage and related standards, as contained within
Chapter 30 of the Denton Code, as amended, 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 expiration or 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 arty development application or plan of oeveiopzneait that is submitted to
the City for the Property during such period if such application or plait is inconsistent with the
Development Plaii. The Owners expressly waive any vested rights that eight otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180 -day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) 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.
4
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the 'City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Chanize 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
Malcom C. Ellison
5
THE CITY OF DENTON, TEXAS
By:_
City Ma iager, eputy City l : nager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the
2014, by Malcom C. Ellison.
ATHENIA S. GREEN
'f�'k Notary Public, State of Texas
My commissilon Expires
Novembet 22, 2015
THE STATE OF TEXAS
lk day of ]A— 0 K'
COUNTY OF DENTON
This il,istl-unjeni was acknowiedged before qu, 011411G. day of by
)uty City Manager/Designated
-'a . .... . "ty M
lte,13rc's'e, itativc, on belia I l'of the City of Denton, Texas.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Neat lr PUbli State of Texas
I
31
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT "C -3"
oAlegal \annexation 2014- 15 \paa2 \green, larry & shirley 61103 non - annexation agreement extension.doc
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 Larry A. Green and Shirley N. Green
( "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 Tract 21, Little Brook Estates, an Addition to Denton County, Texas, according to
the map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records of
Denton County, Texas, containing 14.947 acres of land, more or less, situated in the James
Haney Survey, Abstract No. 515, Denton County, Texas, more fully described in that
certain Warranty Deed with Vendor's Lien dated August 6, 1997 from Jimmy T. Simpson
and Waunzita Simpson to Larry A. Green and Shirley N. Green, filed for record on August
13, 1997 and recorded in Instrument Number 97- R0055506 of the Real Property Records
of Denton County; Texas. Said Tract 21, Little Brook Estates, is commonly known as
DCAD Property ID 61103.
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
offers to allow the Property to remain in the City's' extraterritorial jurisdiction ( "ETJ") for the
term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or
"Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties
for all purposes; and
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 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 P
Lej.1,ghitigns. 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
4
this Agreement, 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, 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;
h. 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 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;
3
(6) Applicable Flood Protection, Drainage and related standards, as contained within
Chapter 30 of the Denton Code, as amended, 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 expiration or 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 dewfelopinerat that is srabmitted to,
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive brny vested rights that raaight otherwise arise
under local or state law, or by common law, froin the submittal of such i acoiisistent 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.
Ell
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
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
Larry A. 0- en W
5
Shirley N. Gre n
THE CITY OF DENTON, TEXAS
By: _ _m
City rl.an alter, . epuly City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the �_ day of
2014, by Larry A. Green.
KATIE BECKER
Naar PW*, state of lbw
My Cortan ft EW M 14M 8 ' _
Notary public, �tiAaleoKexas
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the �_ day of
2014, by Shirley N. Green.
KATIE BECKER
Notary Pd*' State of Ibn
MY CffrV*slan E*=14=0
Public, State of Texas
n
THE STATE OF TEXAS
COUNTY OF DENTON
� S
This instrument was acknowledged before me on 11r _day of , ? , by
Aa QtC_(_��y lGVrrraleltrty City Manager /Designated
_�_,
lkej ;reset ° tiv^e, on behalf c)l'the City of Denton, Texas.
a w�y � d w A NP arv; r
�
Nr R L
otay PUb , State of Texas
s
b My Commission Expires
ecemb r 19. 2016
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
N t ry PLr i State of Texas
7
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT "C -4"
c:\ users \richard \appd ata \local\ packages\ microsoft. windowscommunicationsapps _8wekyb3d8bbwe \localstate \I ivecomm \ced8f4e46b03b755\ 1 207
12- 0049 \att\20012fe4 \robert w harris heritage trust 39150 & 36979 east non - annexation agreement extension.doc
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 Robert W. Harris Heritage Trust
( "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 75.492 acres of land, more or less, situated in the Robert Whitlock Survey,
Abstract No. 1403, the N. Wade Survey, Abstract No. 1407 and the B.B.B. & C.R.R.
Company Survey, Abstract No. 141, Denton County, Texas, more fully described in
Parcel I of that Special Warranty Deed dated November 21, 2012, from Richard A.
Harris, Jr. to Robert W. Harris Heritage Trust, filed for record on December 10, 2012
and recorded in Instrument Number 2012 - 139301 of the Real Property Records of
Denton County, Texas.
SAVE and EXCEPT that portion of the 75.492 acre tract lying within the existing city
limits, leaving what is commonly known as DCAD Property ID 39150 and DCAD
Property ID 36979.
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
offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ ") for the
term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or
"Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties
for all purposes; and
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 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).
2
Section 3. Governing Regulations. 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 Agreement, 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, 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;
h.
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 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, 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 expiration or termination
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180 -day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part, Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) 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.
n
THE CITY OF DENTON, TEXAS
y
City Manager, Deputy City an ages, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the ( W day of'��
2014, by Robert W. Harris, Owner of the Robert W. Harris Heritage Trust, on behalf of said Trust.
GAYLE GRUBBS
Notary Public, State of Texas
My Commission Expires
March 27, 2017
THE STATE OF TEXAS
COUNTY OF DENTON
N��tatr' lir jC
State
y f Texas
o9o/ S
This wtrwi a r�was acknowledged before r o thManatger )CI)d City ,2 bd
Manager /Designated
Represenhtive, on behalf of the ity of Denton, Texas.""
(dM
JENNIFER W 1
NI NIFER K �._. ALIERS
Notary Public, State of Texas
My Commission Expires c y Pula State of Texas
December 19, 2016
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �. 1.11
2
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT 64C -5"
c:\ users\ richard\ appdata\local \packages\microsoft.windowscomm unicationsapps_8wekyb3 d8bbwe \localstate \l ivecomm \ced8f4e46b03b755\ 1207
] 2- 0049 \att\200] 2fe4\harris, robert 563771 non - annexation agreement extension.doc
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 between the City of Denton, Texas (the "City ") and Robert Woodson Harris ( "Owners "),
the �rOperty owners of the hereinafter described property (the "Property ") in Denton County,
Texas, sometimes individually or collectively referred to as "Party" or "Parties ":
Being 11.615 acres of land, more or less, situated in the N. Wade Survey, Abstract No.
1407 and the B.B.B. & C.R.R. Company Survey, Abstract No. 141, Denton County,
Texas, more fully described in Parcel I, Parcel II and Parcel III of that Special Warranty
Deed dated November 21, 2012, from Richard A. Harris, Jr. to Robert Woodson Harris,
filed for record on December 10, 2012 and recorded in Instrument Number 2012-
139304 of the Real Property Records of Denton County, Texas.
SAVE and EXCEPT that portion of the 11.615 acre tract lying within the existing city
limits, leaving a called 2.3385 acre tract commonly known as DCAD Property ID
563771.
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
offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ") for the
term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or
"Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties
for all purposes; and
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 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).
4
Section 3. Governing Regulations. 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 Agreement, 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, 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;
C. 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;
h. 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 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,
0
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.
Term andmmmExtension. Unless extended by mutual agreement of the Parties,
Section 13. ........
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
reement together termination of this A ,
g g her with any other provisions, as may be necessary for the
implementation of those sections.
Owners
Robert Woodson Harris
THE CITY OF DENTON, TEXAS
City Manager, ep ity City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day ofC�< (J"I'VNI'D ID IT
2014, by Robert Woodson Harris.
GAYLE GRUBBS
Notary Public, State of Texas
nz My Commission Expires
March 27, 2017
THE STATE OF TEXAS
Notary 9ilr, State of Texas
COUNTY OF DENTON
This in,s t r unrlit was ac;k i
mviedpedbefore ni a4- day of' 4,))y
41e
qty er/l epuly City Manager/Designated
Ma
"C
Re r of the Cit
peste�ikttiivll-c, on behalf 'y of Denton , ang
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
u. . . ........ /jai
N la Publ estate f Texas
M
After recordingleturn to
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT 66C_699
c: \users \richard \appd ata \local \packages \m icrosoft.windowscomm unicationsapps_8wekyb3 d 8bbwe \localstate\l ivecomm \ced8f4e46b03b755\ 1207
12- 0049 \att\20012fe4\harris, robert 168120 non- annexation agreement extension.doc
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 Robert W. Harris ( "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 called 1.2763 acre tract of land, situated in the B.B.B. & C.R.R. Company
Survey, Abstract No. 141, Denton County, Texas. Said 1.2763 acre tract of land being
that portion lying within the borders of the B.B.B. & C.R.R. Company Survey, Abstract
No. 141 and outside the city limits, of a called 7.937 acre tract of land described in that
Warranty Deed dated February 23, 1993 from Richard A. Harris, Jr. to Robert W.
Harris, filed for record on July 2, 1993 and recorded in Instrument Number 93-
R0043112 of the Real Property Records of Denton County, Texas. Said 1.2763 acre
tract of land, more or less, is commonly known as DCAD Property ID 168120.
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
offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ ") for the
term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or
"Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties
for all purposes; and
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. Continua mm
�_muat o n 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 shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
6
this Agreement, 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, 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;
h. 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 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;
3
(6) Applicable Flood Protection, Drainage and related standards, as contained within
Chapter 30 of the Denton Code, as amended, 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.
Development Plan to Remain Effect. Following expiration or termination
Section 4. Develomm
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180 -day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) 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 conNfeys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser' or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
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
Robert W. Harris, Jr. Heritage Trust -Owner
Robert W. Harris
THE CITY OF DENTON, TEXAS
Y
City Manager, Deputy City ana
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of'tr11�{'�'�J� ,
2014, by Robert W. Harris
GAYLE GRUBBS
Notary Public, State of Texas
My 2017.. nm_ ..:���_
**);?.g -
M Commission Expires
March 27� � , .....�. ..
Notary 11,11, ilc, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This lit trurlt � t was ack iowlcd c(;l before rn ^, mtlme� day o1 S by
"6ty Manage Delrottt:Y City lan ger11.)esigiiated
1�.c11�•c��sctTt t:i�°a;, on behalf of the City ol'�Denton, 1 ex�s°
W
Notary ENNIFER K. WALTER
Puk�fio, Slate of RS
Texas r
My C ommission Expires
N� ��. y I Lzbl� Stateof Texa
S
December 14. 01 ii
dMd N
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
31
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT 66C -7"
c:\ users \richard \appdata\ local\ packages\ microsoft. windowscommunicationsapps_ 8wekyb3d8bbwe\ localstate \l ivecomm \ced8f4e46b03b755\ 1207
12- 0049 \att\20012fe4\richard harrisir heritage trust 39147 west 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 Richard A. Harris, Jr. Heritage Trust
( "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 21.77 acres of land, more or less, situated in the Robert Whitlock Survey,
Abstract No. 1403, Denton County, Texas, more fully described in Parcel I of that
Correction Special Warranty Deed dated April 17, 2013, from Robert W. Harris, as
Trustee of the Robert W. Harris Heritage Trust to Richard A. Harris, Jr. Heritage Trust,
filed for record on April 18, 2013 and recorded in Instrument Number 2013 -46302 of
the Real Property Records of Denton County, Texas. Said 21.77 acre tract of land is
commonly known as that portion of DCAD Property ID 39147 lying west of the
Railroad.
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
offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ") for the
term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or
"Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties
for all purposes; and
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 mETJ 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 shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
2
this Agreement, 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, 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;
h. 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 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;
3
(6) Applicable Flood Protection, Drainage and related standards, as contained within
Chapter 30 of the Denton Code, as amended, 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 try Remain in Effect. Following expiration or termination
of this Agreement for any reason,, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180 -day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) 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.
12
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
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
Richard A. Harris, Jr. Heritage Trust -Owner
Richard A. Harris"Tr.
5
THE CITY OF DENTON, TEXAS
E
...
City Mana g er, Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the �� day of .(-)faf)4D'r ,
2014, by Richard A. Harris, Owner of the Richard A. Harris Jr. Heritage Trust, on behalf of said Trust.
•''` ° "r7, " *'* GAYLE GRUBBS
Notary Public, State of Texas
My Commission Expires
March 27 2017
COUNTY OF DENTON ,
ads
This instr lent fas ackno led ed before me On-the � _ day of , �' , by
9arr? c,
. iDeputy City Manager /Designated
Retrr esent�,rl i" e, on behalf of the Ciiy of Denton, Texas. . _— __._ g
e.. r lalic State � ..........
Notary 1 , s
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: y r
i s t, r•y Ir"1116 rc State of Texas
G
After rec Orlin return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
�
d
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: y r
i s t, r•y Ir"1116 rc State of Texas
G
After rec Orlin return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT "C -8"
c:\ users \richard \appdata \local \packages \microsoft.wi ndowscommunicationsapps _8wekyb3d8bbwe \localstate \I ivecomm \ced 8f4e46b03b755\ 1207
12- 0049 \att\20012fe4\richard harris it heritage trust 39147 east non - annexation agreement extension.doc
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 Richard A. Harris, Jr. Heritage Trust
( "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 129.005 acres of land, more or less, situated in the Robert Whitlock Survey,
Abstract No. 1403, the N. Wade Survey, Abstract No. 1407 and the B.B.B. & C.R.R.
Company Survey, Abstract No. 141, Denton County, Texas, more fully described in
Parcel II and Parcel III of that Correction Special Warranty Deed dated April 17, 2013,
from Robert W. Harris, as Trustee of the Robert W. Harris Heritage Trust to Richard A.
Harris, Jr. Heritage Trust, filed for record on April 18, 2013 and recorded in Instrument
Number 2013 -46302 of the Real Property Records of Denton County, Texas.
SAVE and EXCEPT that portion of the 129.005 acre tract lying within the existing city
limits, leaving what is commonly known as that portion of DCAD Property ID 39147
lying east of the Railroad, DCAD Property ID 131799, DCAD Property ID 131807 and
DCAD Property ID 38082.
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
offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "BTJ") for the
term of this updated 2014 non - annexation extension agreement- (hereinafter, the "2014 NAA" or
"Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties
for all purposes; and
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 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 sati8faction of Tex. Loc. Govt Code section 212.172(b).
2
Section 3. Governing Regulations. 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 Agreement, 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, 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;
h. 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 DDC, as amended, the Denton Water and
Wastewater Criteria Manual, as.amended, and as supplemented by the Texas Water
3
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, 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 expiration or termination
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180 -day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part, 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.
rd
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded ' to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Chanize 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
Richard A. Harris, Jr. Heritage Trust -Owner
Richard A..fkir•ri ', Jr.
Z'
THE CITY OF DENTON, TEXAS
B Y
.......
�
City Manager, DepuAci nag er, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the IU day of �`� U)4` dxf'— ,
2014, by Richard A. Harris, Owner of the Richard A. Harris Jr: Heritage Trust, on behalf of said Trust.
GAYLE GRUBBS
Notary Public; State of Texas
My Commisslon Expires
March 27,2017
THE STATE OF TEXAS
Notary l blip:, State of Te as
COUNTY OF DENTON
This ilas attr aat was ac before r:l� "+ day of 29.1.4, by
ate Man, /Depuly City Manager /Designated
k4vesce t�ve, on behalf of tl-ie City of Denton, Texas._...
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:_
J' . 4A -
N t y u- bl c State of Texas
n
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
PEhil�if�R � WALTERS
f�awrl awY 91t11 Of IeXclS
ivw " „,crnrlO moon I xi-1 + S
�.7t�C(IM .r�;a 19 , 0
air
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:_
J' . 4A -
N t y u- bl c State of Texas
n
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT 44C -9"
c:\ users \richard \appdata\ local\ packages \microsoft.windowscommu ni cationsapps_8wekyb3 d8bbwe \local state \livecomm \ced8f4e46b03b755\ 1207
12- 0049 \att\20012fe4 \harris, richard 561904 non - annexation agreement extension.doc
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 Richard A. Harris, Jr. ( "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 33.417 acres of land, more or less, situated in the Robert Whitlock Survey,
Abstract No. 1403, Denton County, Texas, more fully described in Parcel III of that
Special Warranty Deed dated November 21, 2012, from Robert Woodson Harris to
Richard A. Harris, Jr., filed for record on December 10, 2012 and recorded in
Instrument Number 2012 - 139302 of the Real Property Records of Denton County,
Texas. Said 33.417 acre tract of land is commonly known as DCAD Property ID
561904.
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
offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ ") for the
term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or
"Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties
for all purposes; and
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 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 shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
this Agreement, 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
2
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, 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;
h. 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 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;
t
(6) Applicable Flood Protection, Drainage and related standards, as contained within
Chapter 30 of the Denton Code, as amended, 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 ininEffect Following expiration or termination
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180 -day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) 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.
rd
Section 6. Not ice µ of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severabili . 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, g nt, together with any other provisions, as may be necessary for the
implementation of those sections.
Owners
� . , /t
Richard A. Harris,
m. Jr.
5
THE CITY OF DENTON, TEXAS
B
City Ma,'tiager, Deputy City Manager, or
Designated Representative
y
COUNTY OF DENTON
This instrument was acknowledged before me on the �_ day of ,
2014, by Richard A. Harris, Jr.
GAYLEEGGRUBBS
w5��y.,Y 1'�R✓�,,
Notary Public, State of Texas
My Commission Explres
March 27, 2017
THE STATE OF TEXAS
N
r
crtrary l a. lair, tsat,e of Texas
COUNTY OF DENTON }
This itrslrumeta was «aclo-ioN ledged be ore, i.t � t day o17 �.. � I by
°- — C�r"ty «ter «age.11ulaaaly (rrt)' Cw1arraigrlteigaaurta,l
Ropresetatrati , on behalf of they of Denton, 1 exasd
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
,d
r
BY: .
2
,
1) State of Texas
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
JENNIFER K. WALTERS
Notary Public, Stole of Texas
„•" w
My Commission Expires
December. 19, 2015
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
,d
r
BY: .
2
,
1) State of Texas
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT "C -10"
c: \users\richard \appdata \local\ packages\ microsoft. windowscommunicationsapps_ 8wekyb3d8bbwe\ localstate \livecomm \ced8f4e46b03b755\ 1207
12- 0049WA20012fe4\harris, richard 168119 non- annexation agreement extension.doc
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 Richard A. Harris, Jr. ( "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 13.071 acres of land, more or less, situated in the B.B.B. & C.R.R. Company
Survey, Abstract No. 141 and the N. Wade Survey, Abstract No. 1407, Denton County,
Texas, more fully described in Warranty Deed dated July 2, 1993, from Robert W.
Harris to Richard A. Harris, Jr., filed for record on July 2, 1993 and recorded in
Instrument Number 93- R004311 of the Real Property Records of Denton County,
Texas.
SAVE and EXCEPT 11.615 acres of land, more or less, situated in the N. Wade Survey,
Abstract No. 1407 and the B.B.B. & C.R.R. Company Survey, Abstract No. 141,
Denton County, Texas, more fully described in Parcel I, Parcel II and Parcel III of that
Special Warranty Deed dated November 21, 2012, from Richard A. Harris, Jr. to Robert
Woodson Harris, filed for record on December 10, 2012 and recorded in Instrument
Number 2012 - 139304 of the Real Property Records of Denton County, Texas. Said
11.615 acre tract of land is more commonly known as DCAD Property ID 563771.
And further SAVE and EXCEPT that portion lying within the existing city limits,
leaving a called 0.25 tract of land commonly known as DCAD Property ID 168119.
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
offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ ") for the
term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or
"Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties
for all purposes; and
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 Agreement and any extensions agreed to by the Parties shall be limited to
2
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 shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
this Agreement, 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, 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;
h. 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;
3
(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, 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 expiration or termination
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180 -day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Upon expiration, or upon breach or termination of this Agreement for any reason,
the City may initiate annexation of the Property pursuant to Tex. Lop. Gov't Code subchapter C-
1, or other such other provisions governing voluntary annexation of land as may then exist.
4
Owners expressly and irrevocably consent to annexation of the Property under such
circumstances. Owners further agree that such annexation by the City shall be deemed
voluntary, and not subject to the requirements and procedures for an annexation plan, as required
by Tex. Loc. Gov't Code section 43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
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.
5
wmcl.
Richard A 11arris Jr,
THE CITY OF DENTON, TEXAS
d,y, Deputy City an
" tg4 r, or ..
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the �� day of � Dk Ujivicr ...
2014, by Richard A. Harris, Jr.
GAYLE GRUBBS
Notary Public, State of Texas
My Commission Expires
March 27,'2017
THE STATE OF TEXAS
COUNTY OF DENTON
Notary iblrc, State of Texas
., t �crr +a ackrrca Ic, l c <,1 before �_� This Irr�t�r a 011
rt t1h�Gr�ri
uy of', l
t Dty City Manager-/Designated °ylay
Fclara nCmt. e, on behalf of th�lty of Denton, Texas° "��
---- ------------ -
,
JENNIFER
IFEFt K.�WALTERS
Notary bloc state of Texas
My Commission Expires
° December ," 1 9, zeta
_.,._._.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
f
No y Pub] �Siale of Texas
0
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
E --1 A Alr 66c- 11 ��
HIBIT
oAlegal \annexation 2014- 15 \paa2 \karvouniaris properties ltd 60817 non - annexation agreement extension.doc
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 Karvouniaris Properties, 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 95.584 acres of land, more or less, situated in the S. Huizar Survey, Abstract No.
514, Denton County, Texas, and being more fully described in that certain General
Warranty Deed with Vendor's Lien dated December 12, 2003 from Tony A. Riley to John
Karvouniaris, filed for record on December 30, 2003 and recorded in Instrument Number
2003 - 207512 of the Real Property Records of Denton County, Texas. Said 95.584 acres of
land, more or less, is commonly known as DCAD Property ID No. 60817.
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 agreetnelat conteinplatcd by that section
(hereinafter, the "2010 NAA "), in lieu of the City's annexation ill 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
offers to allow the Property to rertiaiii iii the City's extraterritorial jurisdiction ( "ETJ") for the
terin of this updated 201.4 loll.- anticxation extension agreement (hereinafter, the "2014 NAA" or
"Al reetnent "), which supersedes and replaces t.11c 2010 NAA previotsly executed by the Parties
for all purposes; and
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 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 shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
this Agreement, 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
A)
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, 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;
h. 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 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;
3
(6) Applicable Flood Protection, Drainage and related standards, as contained within
Chapter 30 of the Denton Code, as amended, 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. D v .gppL l ffect. Following expiration or termination
c n
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 witli 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 sueli 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 applica:tioii 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.
4
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. Recordinp, 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 .
John Karvouniaris
Karvouniaris Properties, Ltd.
5
THE CITY OF DENTON, TEXAS
By -
City Manager, epu y City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON I
This instrument was acknowledged before me on the m __
20149 by John Karvouniaris on behalf of Karvouniaris Properties, Ltd ".
7Vb REE te of Texas
n Expires
, „,,,,,,, , 2015
THE STATE OF TEXAS
COUNTY OF DENTON
This
day of mm...
cr
before n on-- ti�te _ w , day of � ,' , 2044, by
sly m anaget° )eptity City Manages -Mes gnated
Beer
on w
esentati e, bciaa l "of the tv °sly of Denton, Texas.
JENNIFER K. WALTERS � �.
r µ Notary Public, State of Texas N tl y l ukaii tate of Texas
idly Commission Expires
>" December 14, 2018
�dfl
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
31
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT "C -12"
oAlegal\ annexation 2014- 15 \paaMarvouniaris, john 177285 & 60816 non - annexation agreement extension.doc
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 John Karvouniaris ( "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 40.24 acres of land, more or less, situated in the S. D. Huizar Survey, Abstract No.
514, Denton County, Texas, and being more fully described in that certain General
Warranty Deed with Vendor's Lien dated December 12, 2003 from David M. Riley and
wife, S. Lynn Riley to John Karvouniaris, filed for record on December 30, 2003 and
recorded in Instrument Number 2003 - 207507 of the Real Property Records of Denton
County, Texas. Said 40.24 acres of land, more or less, is commonly known as DCAD
Property ID 60816 and DCAD Property ID 177285, 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
ol"fers to allow the Property to remain ill the City's extraterritorial jurisdiction ( "ETJ") for the
term of this updated 211'14 Mon -- annexation extension agreement (liereinaller, tfic "2014 NAA" or
"Agreement "), which s l)ersedes and replaces the 2010 NAA previously executed by the Parties
for all purposes; and
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 Agreen lent 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- l'atnily 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 shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
this Agreement, 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
2
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, 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;
h. 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 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, 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. l cv to ITar nt l rra to L i ai iww in F ffeet, Following expiration or 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 plant 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, froni the submittal of Such inconsistent development
application. The Owners further agree that no use comiiienced 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 flan 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.
Ill
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. RecordinIz. 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
John Karvouniaris ..
5
THE CITY OF DENTON, TEXAS
By:.
y g � ..Cit y a
City Manager, De uty ager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the
20149 by John Karvouniaris.
7F-�-;THENIA S. G tt lk�6 t4overfibet 22, 2015
S N otarY if1�C Stale, 0i 1,60"as
THE STATE OF TEXAS
..... day of 7 1.
COUNTY OF DENTON }
114) 0 /—05
This N�rstr���n ��� 7owied ed before me, the � .: day ofA&1(-4— ��`� by
� was ac � g �..�.�_
.._.. p 'L M: �Niaf�;ea)ej)iay City &'�r"lanagerMesigrrated
l '13rescnta 've, on laa 1� 1f of t c City of Denton, Texas.
�� � m_,.n
JENNfFER K. VJAIT��
� "�
IVoiary Puk�lic, S9a4� of Texas
�
My �prY1fY11S5fOCi C-xpir�s
G
L�c�rnber i4, 2 ®1�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
. ..... ...
BY: _.,�._.. _....
w
N(t Ny
Pub , State of Texas
31
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT "C -13"
oAlegal\annexation 2014- 15 \paa2\naus, steven 61161 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 Steven C. Naus ( "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 the East 12.00 acres, more or less, of Tract 10, Little Brook Estates, an Addition to
Denton County, Texas, according to the map or plat thereof recorded in Volume 489, Page
273 of the Real Property Records of Denton County, Texas, situated in the James Haney
Survey, Abstract No. 515, Denton County, Texas, and being more fully described in Tract
III of that certain Special Warranty Deed with Encumbrance for Owelty of Partition dated
May 19, 2008 from Sandra Sue Naus to Steven C. Naus, filed for record on June 10, 2008
and recorded in Instrument Number 2008 -63618 of the Real Property Records of Denton
County, Texas. Said East 12.00 acres, more or less, of Tract 10, Little Brook Estates, is
commonly known as DCAD Property ID 61161.
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
offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ ") for the
term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or
"Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties
for all purposes; and
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. T4x 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 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 shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
N
this Agreement, 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, 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;
h. 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 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, 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 expiration or termination
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect fora period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180 -day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part-, Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) 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.
4
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
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 bd
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
Steve n C. .�...._... _ .... .. .......... �w._
Naus
5
THE CITY OF DENTON, TEXAS
By:
_
CitY � ana � Deputy C.� it Y
an g er,
or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the I day of MOVL r4 lo ed-
2014, by Steven C. Naus.
GREGOR HILLIS
'ad r „r:
s p MY c0. MMISSIGN EX�IKES
J 7, 20'17
AUGUST No ary 1, , at ''� "exa _ :.._ ....� —.
s
THE STATE OF TEXAS
COUNTY OF DENTON }
was a l rtaa
]edged before na .��u.th. J .
day of 'i b
grit City Ma Y
Y
1, is roger el y i nager'1'1 exit Ia rted
Mf of the ity of Denton, Texas.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ,, s,. „4
Z
t r i III i s, tote of Texas
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
f
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ,, s,. „4
Z
t r i III i s, tote of Texas
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT 46C -14"
oAlegal \annexation 2014- 15 \paa2\nee1ey, philip & krista 61133 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 Philip Neeley and Krista Neeley
( "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 Tract 14, Little Brook Estates, an Addition to Denton County, Texas, according to
the map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records of
Denton County, Texas, situated in the James Haney Survey, Abstract No. 515, Denton
County, Texas, and conveyed by that certain Warranty Deed with Vendor's Lien dated
October 6, 2000 from Latham F. Jones, Jr. to Philip S. Neeley and Krista A. Neeley,
husband and wife, filed for record on October 17, 2000 and recorded in Volume 4697,
Page 1337 of the Real Property Records of Denton County, Texas. Said Tract 14, Little
Brook Estates, is commonly known as DCAD Property ID 61133.
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
offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ") for the
term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or
"Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties
for all purposes; and
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 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 shall apply to any
development of the Property, as may hereafter be amended from time to time during -the term of
2
this Agreement, 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, 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;
h. 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 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,
ended and a licable administrative standards of the Texas Commission on
as am pp
Environmental Quality, as-amended;
(6) Applicable Flood Protection, Drainage and related standards, as contained within
Chapter 30 of the Denton Code, as amended,, 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 expiration or termination
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180 -day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) 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.
4
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of ' the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
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
Philip Npeley
5
,ey
Krista Neeley
THE CITY OF DENTON, TEXAS
By:
ter.:.. City �ainager, or
C i t Y� - "a, 1 azt.. ��e i
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was ack%jWVd)geAjplore me on the .6— day of
2014, by Philip Neeley. N N fV
A
OF Ik,*
0, Notary Public, State of Texas
"1111111�'4 - 2 01
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was ack
9Wddgo4 before
2014, by Krista Neeley. ,,IN pA N L e V
lie
Of
-2
THE STATE OF TEXAS
me on the J day of LWuDb—Ull
w
Notary I fiblic, State of Texas
COUNTY OF DENTON 2)/
c -D
'-lie m day by
Manager ern,ity City Manager/Designated
Ty
""W""", ENER K. WA FTR Notary Pubic, ae of Texas
'My Commission Expires
D comber 19, 2018 No auy 1 Li lie ate of Texas
Q MOIL
6
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT "C -15"
oAlegal\annexation 2014- 15 \paa2\stewart, patsy 61091 non- annexation agreement extension.doc
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 Patsy Stewart ( "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 Tract 17, Little Brook Estates, an Addition to Denton County, Texas, according to the map
or plat thereof recorded in Volume 489, Page 273 of the Real Property Records of Denton
County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien
dated November 19, 1979 from F.T.B. Building Corporation to Douglas K. Taylor and wife,
Patsy R. Taylor, filed for record on December 19, 1979 and recorded in Volume 992, Page 728
of the Real Property Records of Denton County, Texas.
SAVE & EXCEPT:
A 1.0 acre tract of land, more or less, described in Volume 1099, Page 113 of the Real
Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly
known as DCAD Property ID 78105.
A 1.0 acre tract of land, more or less, described in Volume 1119, Page 492 of the Real
Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly
known as DCAD Property ID 78103.
Those two 1.0 acre tracts of land, more or less, described in Volume 1124, Page 298 of
the Real Property Records of Denton County, Texas. Said 2.0 acres, more or less, is
commonly known as DCAD Property ID 78102.
A 1.0 acre tract of land, more or less, described in Volume 1128, Page 994 of the Real
Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly
known as DCAD Property ID 78104.
A 1.0 acre tract of land, more or less, described in Volume 1128, Page 998 of the Real
Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly
known as DCAD Property ID 78101.
A 5.0 acre tract of land, more or less, described in Volume 1171, Page 409 of the Real
Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly
known as DCAD Property ID 78099.
A 1.0 acre tract of land, more or less, described in Volume 4897, Page 4300 of the Real
Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly
known as DCAD Property ID 241409.
Note: See the certified copy of the Decree of Divorce in the Matter of the Marriage of Patsy Ruth
Taylor and Douglas Kenneth Taylor, Cause No. 83- 4209 -B, in the District Court of Denton
County, Texas, and filed for record on March 11, 1984 and recorded in Volume 1362, Page 480
of the Real Property Records of Denton County, Texas, for the disposition of the interest of
Douglas Kenneth Taylor.
The remaining Northeast 4.0 acres of Tract 17, Little Brook Estates, is commonly known
as DCAD Property ID 61091.
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
offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETF) for the
term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or
"Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties
for all purposes; and
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
2
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 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 shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
this Agreement, 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, 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;
h. 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 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, 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
4
(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 expiration or termination
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180 -day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) 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
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.
5
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
Patsy Stewart
THE CITY OF DENTON, TEXAS
13y:
City Manager, ept,ity City 1v9< rlage
r, or
Designated Representative
n
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day
2014, by Patsy Stewart.
SANDY LAWSON
Notary Public, State of Texas
My Commission Expires
October 07, 2016
Notary —I "I ilic, Scat
of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This ins -urnc was aci�t�o ged! before me vilie—y- day ofXF —,264.4, by
Inager eputy City Manager/Designated
Y)
JNIFER K. WATERS
Notary EN n - Ply Public, State L of Texas
J,�
N' commission Expires Nowibt�teo
y
December 19, 2018
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
7
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT 64C -16"
oAlegal \annexation 2014- 15 \paa2 \watson, william e. 61090 non - annexation agreement extension.doc
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 William E. Watson, Jr. ( "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 Tract 29, Little Brook Estates, Unit No.2, an Addition to Denton County, Texas,
according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of
Denton County, Texas, and being all of that lot, tract or parcel of land described in that
certain Warranty Deed with Vendor's Lien dated August 6, 1992 from Billy Jack Maupin
and wife, Carolyn Maupin to William E. Watson Jr. and wife, Rose E. Watson, filed for
record on August 10, 1992 and recorded in Volume 3295, Page 510 of the Real Property
Records of Denton County, Texas. Said Tract 29, Little Brook Estates, Unit No.2, is
commonly known as DCAD Property ID 61090.
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
offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ") for the
term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or
"Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties
for all purposes; and
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 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. GoverninngRegulations. 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
2
this Agreement, 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, 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;
h. 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 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, 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 expiration or termination
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180 -day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part-, Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) 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.
0
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
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
William E. Watson, Jr.
6-1 J
THE CITY OF DENTON, TEXAS
By
City Manaier, r4puty City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the 1 'a day of
2014, by William E. Watson, Jr.
SANDY LAWSON
Notary Public, State of Texas
, j My Commission Expires
October 07, 2016
>rrniAW
THE STATE OF TEXAS
COUNTY OF DENTON
Notary Public, t� of Texas
C.
This jnstru�nne Tt was acknowledged before rn 'JAa t� _ day of . _ 4 by
' ..... `rna e°- elnity City Manager /Designated
sresc��t° five, on behalf of time City of Denton, Texas.
Notary Public, state of Tex
.. JENNIFER K WALTERS
My commission Expires Nto "y li , SlTte of Texas
December 14 2018 .,.,.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Col
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT 44C -17"
sAlegal \our documents \miscellaneous \14\naa extensions \paa2 \wenthold- barthoId 61200 non - annexation agreement extension.doc
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 Jessica Wenthold and Clint Barthold
( "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 the West part of Tract 30, Little Brook Estates, Unit No. 2, an Addition to Denton
County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the
Plat Records of Denton County, Texas, and containing 7.5236 acres of land, more or less,
situated in the James Haney Survey, Abstract No. 515, Denton County, Texas, and being
more fully described in that certain Warranty Deed with Vendor's Lien dated January 23,
1986 from Benjamin Loyd Smith and wife, Siddle Smith to Loyd Ronald Smith and wife,
Linda Dianne Smith, filed for record on February 10, 1986 and recorded in Volume 1818,
Page 858 of the Real Property Records of Denton County, Texas. Said West part of Tract
30, Little Brook Estates, Unit No.2, is commonly known as DCAD Property ID 61200.
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
offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ ") for the
term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or
"Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties
for all purposes; and
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 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 shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
2.
this Agreement, 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, 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;
h. 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 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;
3
(6) Applicable Flood Protection, Drainage and related standards, as contained within
Chapter 30 of the Denton Code, as amended, 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. _ . Following expiration or termination
of this Agreement for any reason, Plan
Development l Plan
' Effect. ...p set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180 -day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part Voluntary Anijj�x ation.
(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
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 t ................
erminate 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.
E
�
Clint......— �w........_ _.��.. .. e.... . ...............�
Barthold
THE CITY OF DENTON, TEXAS
-�
By.
City Manager, n ger, eputy City Manager, or
_._
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON }
/ fh
This instrument was acknowledged before me on the day of 14J.4 m_.:.,..s
2014, by Jessica Wenthold.
. IT
w
�w,..MATT WENTHOLD
My Commission Expires _ .,.� ......n...
August 27, 2017 Public, State of Texas
Notary Pub ,
THE STATE OF TEXAS
COUNTY OF 9RPd16N- }
VAAW "h
This instrument was acknowledged before me on the ()q day of TiL.Cwr�
2014, by Clint Barthold.
Notary Public, State of Texas
F y "� SHARA GEBHARDT
My Commission Expires
"` °, May 14, 2017
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument \,va acknowledged before me ,)jj-thc day of -2'0�4-, by
fi� (�fty Mai,7 eptity City esignated
-esejita ive, on beha If t e ity of Denton, Te
Re pi
11.c's
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
".7
BY:
State of Texas
ky Publ,
4L�Ijl 4, S
7
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
JENNIFER K. WAITERS
Notary Public, Slaie of Texas
ss
My Commission Expires
December 19 2018
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
".7
BY:
State of Texas
ky Publ,
4L�Ijl 4, S
7
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201