2015-069FILE REFERENCE FORM 2015-069
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Amended b Ordinance No. 2015-161 06/02/15 JR
ORDINANCE NO. 2015 -069
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 PAA3 OF APPROXIMATELY 1,075 ACRES LOCATED ON THE SOUTH SIDE OF
GANZER ROAD, NORTH AND SOUTH OF BARTHOLD ROAD, NORTH OF FM 1173,
WEST OF 1 -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 PAA3, 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.
sAlegal \our documents \ordinances \15 \paa3 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 PAA3, 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 PAA3, 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 -9 ".
SECTION 4. The City Manager is authorized and directed to sign the non - annexation
agreements contained within Exhibits "C -1" through "C -9" 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
PAA3, 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 \3 day of
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPI(.( ='D AS' '0 LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Page 2
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EXHIBIT A
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Annexation Tract PAA3 (Page 1 of 3)
BEGINNING at a point on the present Denton city limits line, described as the southwest
corner of an annexation tract established and described in Ordinance 1985 -246 and
further described therein as being on the centerline of F.M. 1173;
THENCE North 870 57' East, along the center line of F.M. 1173 and along the present
Denton city limit line as established in said Ordinance 1985 -246 a distance of 310,5 feet
to a point for corner;
THENCE North 890 39' East, along the center line of F.M. 1173 and along the present
Denton city limit line as established in said Ordinance 1985 -246 a distance of 2,153.5
feet to a point for comer; said point also lying 500 feet west of and perpendicular to the
center line of Interstate Highway 35, said point also being on the westerly line of a City
of Denton annexation tract established and described in Ordinance 196940 (Tract VI);
THENCE South 020 57' East, parallel to and 500 feet west of the center line of Interstate
Highway 35, same being the present Denton clty lirn,it line established and described in
Ordinance 1969 -40 (Tract VI), a distance of 45 feet to a point for corner, said point lying
on the south right -of --way line of FM. 1173 and also being the northeast corner of a City
of Denton annexation tract established and depicted in Ordinance 2007 -268 (Exhibit A -3
therein);
THENCE South 891 19' 54" West along the south right -of- -way line of F.M. 1173, same
being the north line of.said City of Denton annexation tract established, described and
depicted in Ordinance 2007 -268 (Exhibit A and Exhibit A -3 therein), a distance of 1,801
feet to a point for a comer;
THENCE South 88' 07' 35" West along the south right -of -way line of F.M. 1173, same
• being the north line of said City of Denton annexation tract established and described in
Ordinance 2007 -268 (Exhibit A therein), a distance of 99.83 feet to a point for a comer;
THENCE North 881 37' 44" West along the south right -of -way line of F.M. 1173, same
being the north line of said City of Denton annexation tract established and described in
Ordinance 2007 -268 (Exhibit A therein), a distance of 401.49 feet to a point for a comer;
THENCE North 84133' 28" West along the south right -of -way line of F.M. 1173, same
being the north line of said City of Denton annexation tract established and described in
Ordinance 2007 -268 (Exhibit A therein), a distance of 100.64 feet to a point for a comer;
THENCE North 87° 39' 59" West along the south right -of -way. line of F.M. 1173, same
being the north line of said City of Denton annexation tract established and described in
Ordinance 2007 -268 (Exhibit A therein), a distance of 1,634.99 feet to a point for a
M corner, said point Iying on the easterly right -of -way line of the Kansas City Southern
Annexation Tract PAA3 (Page 2 of 3)
Railway (formerly Gulf,-Colorado and Sante Fe Railroad Company), said point also
being the northwest corner'of said Ordinance: 2007 -268 annexation tract;
THENCE northwesterly, departing the existing Denton city limits and along the arcs,
courses and distances of the said easterly railroad right - of -gray line a total distance of
9,591 feet to a point for a corner; said point being the intersection of the said easterly
,railroad right-of-way line and the .south right of way line of Ganzer West Road;
THENCE in an easterly direction, along the courses and distances of the southerly
implied right -of -way line of Ganzer West Road a total distance of 8,182 feet to a point
for a comer, said point lying on the present Denton city limit line established and
described by annexation Ordinance 1987 -141;
THENCE Soutlt 01 a 58' East along, the present Denton city limit line established and
described by annexation Ordinance 1987 -141, a distance of 922 feet to a point for corner,
said point being the southwest corner of said Ordinance 1987 -141 annexation tract and
also lying on the north line of a City of Denton annexation tract established and described
in Ordinance 1969 -40 (Tract VI);
THENCE North 880 53' "'west along the present Denton city limit line established and
described by annexation Ordinance 19,69 -40 ('Tract V1) a distance of 250 feet to a point
for corner, said point lying 500 feet west oftlre said center line if Interstate Highway 35
and being the northwest comer of said annexation Ordinance 1969 -40 (Tract Vi);
THENCE South 00° 44' East parallel to and 500 feet west of said center line of Interstate
Highway 35 and along the present Denton city limit line established and described by
annexation Ordinance 1969 -40 (Tract VI) a distance of 6,087 feet to a point for corner,
said point lying 500 feet west of the said center line of Interstate Highway 35 and. being
the northeast corner of said annexation tract established and described in Ordinance
1985 -246;
THENCE North 890 29' West along the present Denton city limit line established and
described by annexation Ordinance 1985 -246 a distance of 324.6 feet to a point for
comer;
THENCE South 890 15' 40" West along the present Denton city limit line established
and described by annexation Ordinance 1985 -246 a distance of 1,000 feet to a point for
corner;
THENCE North 89° 28' West along the present Denton city limit line established and
described by annexation Ordinance 1985 -246 a distance of 1,034.21 feet to a point for
corner;
Annexation Tract PAA3 (Page 3 of 3)
THENCE South 00° 25' 30" West along the present Denton city limit line established
and described;by annexation Ordinance 1985 -246 a distance of 1,271.72 feet to a point
for comer;
T14ENCE South 00142' West along the present Denton city limit line established and
described by annexation Ordinance 1985 -246 a distance of 426.35 to the POINT OF
BEGINNING and containing 1,090 acres of land.
Exhibit B
E .I ... IT «c_1"
c:\ users \jclaro \appdata \local \microsoft \windows \temporary internet files \content. out look \khj0k964 \h3h Ile 315334 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 H3h, LLC, a Texas limited liability
company ( "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 acres of land, more or less, situated in the S.L. Johnson Survey, Abstract No.
683, Denton County, Texas, more fully described in that Deed Without Warranty dated
March 3, 2011, from HLHTE -Lyda Hill Trust, HLHTE - Alinda H. Wikert Trust and
HLHTE -Albert G. Hill, Jr. Trust to H3H, LLC, a Texas limited liability company, filed
for record on March 9, 2011 and recorded in Instrument Number 2011 -22008 of the
Real Property Records of Denton County, Texas.
SAVE AND EXCEPT 4.74 acres of land, more or less, currently within the existing city
limits, commonly known as DCAD Property ID 315333.
Leaving 16.26 acres of land, more or less, commonly known as DCAD Property ID
315334.
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. D N�e�l iiew 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
2
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
3
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. Dev l "I -gient Pkin to Remain in l f ct:, 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. ALn-eenietit Deemed Void in Part Volgilu'llU I nncm tjc o :!,
(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.
L,
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:
1-13h, LLC, a Texas limited liability company
5
THE CITY OF DENTON, TEXAS
B y
�
City M�a11, g r,.. el.111t.y City M anager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
THE STATE OF TEXAS
COUNTY OF DENTON }
This insta rice, was atcks c e� before ii), -can d1lCti � day od" - >� „ I
� acvla�cl �� d
1�� sae �
t "ity Manaagei l7a l ca;y t ity Mai 'ra� c.ad'i:t swt„naateci
t sellt ati e, on behalf of the City of Denton, 'i exa S _ ...n
ao
^ „: P JENP�iFER K NJ6�LTERS
,., otrzry puhhc State of Texas
;J�'�, � fly Commission Expires
[3�cervaber tv. 2ot� Nc`a °aa. Pubii ° State of Texas
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
r
BY. � Z ✓i
0
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT 44C -2"
oAlegal \annexation 2014- 15 \paa3 \wolf, kent e. 185230 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 Kent E. Wolf ( "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 Lot 12, Block 1 of Ganzer Estates, an Addition to Denton County, Texas,
according to the map or plat thereof recorded in Cabinet M, Slide 78 of the Plat Records
of Denton County, Texas, as described in that certain Warranty Deed with Vendor's Lien
dated August 15, 1996, but to become effective August 16, 1996 from John Holley and
Vaughn Andres, d /b /a H & A Investments to Kent E. Wolf and Lori A. Wolfe a/k/a Lori
Ann Wolf. Said Lot 12, Block 1 of Ganzer Estates is commonly known as DCAD
Property ID 185230.
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 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;
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. Deve1 -; mPntmPlan to Remain in F�ffert. 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. A arPPrr P„r Deemed Void. i^ P?�±, v ^�„ra < r� e nnexati ^n,
(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.
El
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 ............
g termi nate 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
Kent E...._
�m
Wolf
THE CITY OF DENTON, TEXAS
r
Bit y Manager, Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON I
This instrument was acknowledged before me on the day of�
2014, by Kent E. Wolf.
Yolanda J. Foster
Coffninionbores
11-19"s
THE STATE OF TEXAS
COUNTY OF DENTON
OW
ie Qjl-ltllicl�"'p day of 21'1 Y�
'A Lle 4. " �4f- ZI y
jEM;A Z=i ty managed', pqy City Manager/Designated
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Lu-
Not 1, I'libli tare of Texas
n.
After recording return to:
Jennifer Wafters
City Secretary
215 E. McKinney
Denton, TX 76201
��-7
JENNIFER K. WA 6E RS
a f T x s
Notary Public, State e
it s
my Commission Expires
I
December 0 r 19, 1 8
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Lu-
Not 1, I'libli tare of Texas
n.
After recording return to:
Jennifer Wafters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT 44C -3"
o: \legal \annexation 2014- 15 \paa3 \harlan properties 79416 & 37689 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 Harlan Properties, Inc. ( "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 86.132 acres of land, more or less, situated in the S. Johnson Survey, Abstract No. 683,
Denton County, Texas, and being more fully described in Tract 3 of that certain Warranty Deed
with Vendor's Lien dated March 12, 1999 from Ellouise McDonnell to Harlan Properties, Inc.,
filed for record on March 15, 1999 and recorded in Volume 4296, Page 1246 of the Real
Property Records of Denton County, Texas. Said 86.132 acres, more or less, is commonly
known as DCAD Property ID 79416 and DCAD Property ID 37689, respectively.
SAVE & EXCEPT: A 1.00 acre tract of land, more or less, situated in the S. Johnson
Survey, Abstract No. 683, Denton County, Texas, and being more fully described in that
certain Special Warranty Deed dated March 24, 2004 from Harlan Properties, Inc. to
North Denton Pipeline, L.L.C., filed for record on April 23, 2004 and recorded in
Instrument Number 2004 -51974 of the Real Property Records of Denton County, Texas.
Said 1.00 acre tract of land, more or less, is commonly known as DCAD Property ID
270484.
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
2
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;
3
(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 stlell l)eriod if such application or pla►i 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.
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.
F
Owners
Harlan Properties, Inc.
By:� _......
SURESH SHRIDH _....
..�_ ARANI
In
M.
THE CITY OF DENTON, TEXAS
_.
��De ut City iager, or
Designated Representative
THE STATE STATE OF TEXAS
COUNTY OF -P£44T N
This instrument was acknowledged before me on the I ��`' day of N-
2014, SURES DHARANI ,, �.
2014, b H SHRI of Harlan Properties, Inc. r> ... Pi�.n;__. w..a._.
LARRY KEVER
*' MY COMMISSION EXPIRES
rL� March 14, 2015
THE STATE OF TEXAS
COUNTY OF DENTON
Notaty Public State of'.
This instrument was acknowledged before me on the day of _._
2014, by of Harlan Properties, Inc.
Notary Public, State of Texas
is
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of _._
2014, by. —, of Harlan Properties, Inc.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of .
2014, by mm m of Harlan Properties, Inca
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON } �y joy, 5
..� Y t MaAlix rl si x11 #WY
This �� �trra rrt was ur lc��wgl red before rrc n 1:1
day of"
ty i�+l�rw r�'l. elmity �,� y 1� a t d
l Cllr °c crrta ive, on behalf al the City of Denton, 1 MIS, � �
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY :.
Not 1r Publi State of Texas
7
JENNIFER K. WA ERS
:� m
Notary Public, State of Texas
N "
My Commission Expires
,m...wammmWV�'�n�
December 14, 2018
uwnme���w�wwwwirery
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY :.
Not 1r Publi State of Texas
7
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT "C -4"
oAlegal \annexation 2014- 15 \paa3\harlan properties inc 167644, 60428, 37686,& 173412 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 Harlan Properties Inc. ( "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 294.026 acres of land, more or less, situated in the John W. Gibbons Survey, Abstract No.
446, the John Pearson Survey, Abstract No. 1049 and the S. Johnson Survey, Abstract No. 683,
Denton County, Texas, and being more fully described in Tract 1 of that certain Warranty Deed
with Vendor's Lien dated March 12, 1999 from Ellouise McDonnell to Harlan Properties, Inc.,
filed for record on March 15, 1999 and recorded in Volume 4296, Page 1246 of the Real
Property Records of Denton County, Texas. Said 294.026 acres, more or less, is commonly
known as DCAD Property ID 167644, DCAD Property ID 60428, DCAD Property ID 37686
and DCAD Property ID 173412, respectively.
SAVE & EXCEPT: A 7.873 acre tract of land, more or less, situated in the John Pearson
Survey, Abstract No. 1049 and the S. Johnson Survey, Abstract No. 683, Denton County,
Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien
dated to be effective June 18, 1999 from Harlan Properties, Inc. to Robert J. Sullivan and
wife, Jennifer L. Sullivan, filed for record on June 28, 1999 and recorded in Volume
4369, Page 1796 and corrected in Volume 4382, Page 487 of the Real Property Records
of Denton County, Texas. Said 7.873 acres, more or less, is commonly known as DCAD
Property ID 208223.
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. Loc. 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. Severabilitv. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. 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 termma to mmmmm
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
Owners
Harlan Properties Inc.
By
C
THE CITY OF DENTON, TEXAS
By.
City i� er, ty City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the I ! 1= day of +r
2014, by SURBSH SHRIDHARAHI , PL-., . a ,, - ofHarlan Properties Inc.
ELIOLARRYKEIZER
MY COMMISSION EXPIRES
March 14, 2015
THE STATE OF TEXAS
COUNTY OF DENTON
M�
Notary Public, S .ate of Texas
This instrument was acknowledged before me on the day of ..... _
2014, by m of Harlan Properties Inc.
Notary Public, State of Texas
Con
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of_ .
2014, by A of Harlan Properties Inc.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of �_
2014, by �mm of Harlan Properties Inc.
THE STATE OF TEXAS
COUNTY OF DENTON
Notary Public, State of Texas
This is to °ul qra was c rlowl,� (Ilgcd before me pa �d � _day of I1 , by
yaa< /Deputy City Caaaagr.. /Desi
nited ea
epesc ve,
on behalf of t ie City of Denton, Texas,
Not r Publi', State of Texas
7
"r
JENNIFER K. WALTERS ._
Notary Public, State of Texas
My Commission Expires
ra o
December 19, 2018
Not r Publi', State of Texas
7
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_5»
oAlegahannexation 2014- 15 \paa3\hopkins, tamberly I & phillip keith, & loving, kimberly a 60790 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 Tamberly & Phillip K. Hopkins &
Kimberly A. Loving ( "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 18.73 acre tract of land, more or less, situated in the John W. Gibbons
Survey, Abstract No. 446, Denton County, Texas, and being all of the portion lying East
of the Railroad of that certain South one -half (1/2) of a called 142.97 acre tract of land,
described the Warranty Deed dated August 3, 1972 from Rosa Hopkins to Ballard
Hopkins, filed for record on September 6, 1972 and recorded in Volume 654, Page 631 of
the Official Public Records of Denton County, Texas. Said 18.73 acres, more or less, is
commonly known as DCAD Property ID 60790.
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
tcrin of this updated 2014 lion- atinexatioti extell.sioli agreement (hereinafter, the "2014 NAA" or
"r grceivent "), w'liich s>tlper.sedes a ild 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 elan of clew ~lopnieni that is subinitted 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, froin 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.
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
Tamberly Hopkins
5
Phillil; Hopkins
.m
Ki m"berly Loving
THE CITY OF DENTON, TEXAS
By
City l a lag r, Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of I y o ye*,4 �x�V
2014, by Tamberly Hopkins.
.rd j r r state Texas
C nirnis - io Expires
�
Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON
This instrument was acknowledged before me on the „m it— _,— day of 11fil/e^ -- b✓"
2014, by Phillip Hopkins.
VACIM
p Notary Putt €c
S WE 0F TEXAS
sr >ic,��ny; °2•i?�•�014 _. m_
° Notary Pub rc State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the of
2014, by Kimberly Loving.
Notary Nibl ic, State of Texas
C1
THE STATE OF TEXAS
COUNTY OF DENTON
m y, i s �e rl9 esi y
me
nt was a °nowlc, red before me on tN day of b
r Deputy rtat�d
�s mst
Tte��res�r�c, on i���f oflte City of Denton, I"e�'s.:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: C °Tr1
7
Publ' , State of Texas
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
""
mm JENNIFER K, WA,LTERS
Notary Public, State of Texas
y
ray Commission Expires
December 19, 2015
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: C °Tr1
7
Publ' , State of Texas
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT 64C -6"
oAlegal \annexation 2014- 15 \paa3\hopkins, wayne w. 167642 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 Wayne W. Hopkins ( "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 28.69 acre tract of land, more or less, situated in the John W. Gibbons
Survey, Abstract No. 446, Denton County, Texas, and being all of the portion lying East
of the Railroad of that certain North one -half (1/2) of a called 142.97 acre tract of land,
described the Warranty Deed dated August 3, 1972 from Rosa Hopkins to Wayne W.
Hopkins, filed for record on September 6, 1972 and recorded in Volume 654, Page 629 of
the Official Public Records of Denton County, Texas. Said 28.69 acres, more or less, is
commonly known as DCAD Property ID 167642.
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 tllc City's extraterritorial jurisdiction ( "ETJ ") for the
term of this t.ipdated 2014 icon- anriexation extension agreement (hereinafter, the "2014 NAA" or
"Agreemen("), which stipersedes and replaces t re 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 cr.rstomary accessory uses, and single- liunily detached
farm or ranch dwellings, provided that no single- farnily 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 witli 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 DISC, as fflUended, the Denton "'Water and
Wastewater Criteria Manual, as amended„ and as stippletnented by the Texas Water
Code, as amended, Texas Natural Resources Code, its ainended, l exas 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 su:banitted to
the City for the Property during such period if stich application or plan is iracorasistcaat with the
Development Plan. The Owners expressly waive ally vested rights that might : otherwise arise
under local or state law, or by common law, from the saibmittal 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 Conies. 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
- ins A�
G
THE CITY OF DENTON, TEXAS
By-
City
Manager, eputy City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON }
This instrument was acknowledged before me on the -.j day of d ...._
2014, by Wayne W. Hopkins
GLEN DARRELL FLY
MY COMMISSION EXPIRES
August 20, 2016"
Notary o 1b., Sartol 1 "c a�,
THE STATE OF TEXAS
COUNTY OF DENTON }
�S
;was rackiio 1 ' " , . City by cd jai before raae� n�t��l�a� m day of ��
�
pity Mara�at� llri,rty a�r�agerlesignaaled
hanfof the City of Denton, Texas,
` � —° 'p'
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:t
.. a
N4o �r Pub l 1 to of Texas
Cel
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
JENNIFER K
.�VALTERS
Notary Public, S tare of Texas
My Cornmisslon Expires
December 14, 2018
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:t
.. a
N4o �r Pub l 1 to of Texas
Cel
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT 66c_715
oAlegal\annexation 2014- 15 \paaNawson, jim r. 185233 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 Jim R. Lawson ( "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 Lot 15, Block 1, Ganzer Estates, an Addition to Denton County, Texas, according
to the map or plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton
County, Texas, and being all that certain lot, tract or parcel of land described in that
certain Assumption Warranty Deed dated August 28, 1998 from Lonnie J. Rodgers and
wife, Yong Ja Rodgers to Jim R. Lawson and Martha A. Lawson, filed for record on
August 28, 1998 and recorded in Volume 4164, Page 1446 of the Real Property Records
of Denton County, Texas. Said Lot 15, Block 1, Ganzer Estates, is commonly known as
DCAD Property ID 185233.
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
olTers to allow the Property to remain in the City's extraterritorial ji.irisdictit;n ( "ETJ ") for the
term of this tipdated 2014 tioli- ariiiexatiori extension agreement (hercitialtcr, the "2014 NAA" or
" grcernenl "), which stil er;sedes al id replaces tl'ic 2010 NAA previously exectited 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 11iis Agreement and any exteaisions agreed to by the Parties shall be limited to
farm- related and ranc a- related uses and CLIStOtIlary accessory uses, and single - family detached
farm or ranch dwcllir)gs, provided that no :single- laniily 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
10
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. l cv lopnient Plan to Remain in Effect. Following expiration or termination
of this Agreement for any reason, the Devclopineirt l lati .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 applicartion or plan of" development that is st,rbmrtted to
the City for the Property during such period if such application or plan is inconsistent with tlre
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the sobnrittal ol'such inconsistent developinctit
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.
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.
5
THE CITY OF DENTON, TEXAS
B Y. _...
e tat Cit
City Manager, li g
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the 1 day of
2014, by Jim R. Lawson.
1; SANDY LAWSON
" Notary Public, State of Texas
My Commission Expires
October 07, 2016 I
THE STATE OF TEXAS
�...... Public _.....�
Notary , S
COUNTY OF DENTON }
to "a
1 enl was aackr c ��a lg d before s� C on- t1M,�tr � r°dl e day
ty City ..� T.�,_1 by
an�a der, /Desit raaated
T as Ir �
ge,rseitit ive,, on bchaalf of iae. City of Denton, Texas.
�W -..
JENNIFER K. WALTERS �
K r
Notary Public, State of Texas
My Commission .Expires
, ww"
December 14, 2018
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
µ..
(*A)
No - .y Pub] c .. tate of'
roll
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT "C - 8"
c:\ users \1913266\appdata \local\microsoft \windows \temporary internet files\ content.outlook \d2xhgsh3\meritt 283913 283909 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 Meritt Bois -D -Arc Enterprises, Inc.
and Meritt Buffalo Events, LLC ( "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 97.945 acres of land, more or less, situated in the John Pearson Survey, Abstract
No. 1049, the S.L. Johnson Survey, Abstract No. 683, Denton County, Texas, and being
more fully described in that certain Assumption Warranty Deed dated August 31, 2005
from Bobby Joe Meritt and wife, Jackie Meritt to Meritt Bois -D' -Arc Enterprises, Inc.
and Meritt Buffalo Events, LLC, filed for record on September 7, 2005 and recorded in
Instrument Number 2005- 111889 of the Real Property Records of Denton County,
Texas.
SAVE & EXCEPT: 3.449 acres, more or less, situated in the John Pearson Survey,
Abstract No. 1049, Denton County, Texas, described in that certain Quitclaim Deed
dated October 17, 2006 from Meritt Buffalo Events, LLC to Bobby Joe Meritt, filed for
record on October 26, 2006 and recorded in Instrument Number 2006 - 132653 of the
Real Property Records of Denton County, Texas.
The remaining 94.496 acres, more or less, is commonly known as DCAD Property ID
283913 and DCAD Property ID 283909, 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
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
K
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. Lot. 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
Owners:
Meritt Bois -D -Arc Enterprises, Inc. and Meritt
Buffalo Events, LLC
BY - f 2 -
Icy•
THE CITY OF DENTON, TEXAS
By
City Mana e r 1 - pt ty City �
Mataagcr, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
,,
Y �� x g drlr_ of M. _.m
`1 hi �instrtarnet t W� s ac%tt wledl ed b
2014 b `'�
er
and Buffalo Event. ;LLC.
Notary Public, State of 1' ®xas
My Commission fxplres
THE STATE OF TEXAS
day of✓2o f
itt Bois -D -Arc Eiit m �rl Inc.
l n
COUNTY OF DENTON }
I "l a inslrtt3AIJ, -lit was ac °` towledged b 91'e at~ oil the day of ._ �, l
2014 b �.. — . . i .
Y s I .. ot " Meritt Bois-D -Arc l r ter art... 'Inc.
and Btitlhlo Evt-4�s, LLC.
ATHENNIA 6, GREEN
NotatV Public, SIM aft Tex"
Comnwi io Cxr�i
res
Nuv'ervicr 22 2016
on
THE STATE OF TEXAS
COUNTY OF DENTON
ads
owle 0- ,
This was ack yowled c(I before me day ofAR4yn,
a C- K 9—ri-44ie
behalf exas. Deputy City Manager/Designated
Managei
Representlaii e., on behalf o? the City of Denton, "I"
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
7
W
"ex
as
y Publi
'�tate of 'exas
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
9, WAVE0
`
4';tu1("-' 0i T(-'"Xus
L OCes
'b' P
C 10
'C'Mlbef
gM
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
7
W
"ex
as
y Publi
'�tate of 'exas
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
EXHIBIT 44C -9"
oAlegal \annexation 2014- 15 \paa3 \meritt, bobby & jackie 60424 & 37682 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 Bobby Joe Meritt and Jackie Meritt
( "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 2.50 acres of land, more or less, situated in the John Pearson Survey, Abstract No.
1049, the S.L. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more
fully described as the Save and Except Tract in that certain Assumption Warranty Deed
dated August 31, 2005 from Bobby Joe Meritt and wife, Jackie Meritt to Meritt Bois -D'-
Arc Enterprises, Inc. and Meritt Buffalo Events, LLC, filed for record on September 7,
2005 and recorded in Instrument Number 2005- 111889 of the Real Property Records of
Denton County, Texas. Said 2.50 acres of land, more or less, is commonly known as
DCAD Property ID 60424 and DCAD Property ID 37682, 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
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
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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;
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(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.
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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
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Meritt
THE CITY OF DENTON, TEXAS
By:
it Manager, er De uty City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of
2014, by Bobby Joe Meritt.
»" SANDY LAWSON
Notary Public, State of Texas
My Commission Expires
`.... October 07, 2016
THE STATE OF TEXAS
COUNTY OF DENTON
Notary ublic, to of Texas
This instrument was acknowledged before me on the y::_'.._.....
g � da of
2014, by Jackie Meritt.
`"t'.."..''" SANDY LAWSON
�'
° ' w Notary Public, State of Texas
µ My Commission Expires
a
October 07, 2016
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This it �ruj nt was ac nowle( �ed before rn n ilre day ot" , X14,„ by
.... ,� � � , ity M��,tlyag,cDePuty `rt�y M��riagerlFJesig�xat��c�l
Ccrre�ta . e., on behalf of�ac Ci of Denton, Tc.
1 ty
No �i Putcl tate of Texas
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201