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2015-064FILE REFERENCE FORM 2015-064 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Amended b Ordinance No. 2015-160 06/02/15 JR s: \legal \our documents \ordinances \I5\dh -4 accepting non annexation agreements.oc ORDINANCE NO. 2015 -064 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 DH -4 OF APPROXIMATELY 347 ACRES LOCATED ON THE EAST SIDE OF BONNIE BRAE STREET, WEST OF FORT WORTH DRIVE, EAST AND WEST OF VINTAGE BOULEVARD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C -1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan, and the City desires to pursue annexation of DH -4, as hereinafter described; and WHEREAS, Section 43.035, Subchapter B, Local Government Code requires the City to make offers of non - annexation development agreements to the owners of all properties which have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland within the area to be annexed; and WHEREAS, under a non - annexation agreement between an eligible property owner and the City, the land subject to the agreement retains its extraterritorial status and the owners of such land must abide by the City's development regulations as if such land were within the City limits, as provided further in such agreement; and WHEREAS, the city has offered said non - annexation agreements for a one year term in light of the rapid growth of the Denton area, the need to assure orderly growth, and the inadequate land area currently within the Denton city limits; and WHEREAS, the owners of some eligible properties have executed such non- annexation agreements; the owners of other properties executed such non - annexation agreements but there were defects in the legal description of such properties, or otherwise ineligible; and yet other owners to whom notices were sent did not execute the agreements within the allotted period of time, thereby declining the City's offer; and WHEREAS, the City and the owners of eligible properties with insufficient legal descriptions have corrected defects therein; and WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of the City of Denton to enter into such non - annexation agreements with eligible property owners who timely submitted non - annexation agreements and have now corrected any legal defects therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. s: \legal \our documents \ordinances \15 \dh -4 accepting non annexation agreements.doc SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as DH -4, 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 DH -4, 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 -14 ". SECTION 4. The City Manager is authorized and directed to sign the non - annexation agreements contained within Exhibits "C -1" through "C -14" 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 DH -4, 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. SECTIONmm 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be ON unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7. This Ordinance shall take effect immediately on its passage. AND IT IS SO ORDERED. Passed by the City Council reading this & day of ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:w .. APPRO ]?D AS 40 0 LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Page 2 S WATTS, MAYOR EXHIBIT "A" Annexation Tract'DH4 ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation and disannexation ordinances as follows: Ordinance 1969 -40 (Tract III), Ordinance 1979 -82, Ordinance 1980 -1, Ordinance 1991 -33 (Tracts 1 & 3), and Ordinance 2001 -92; and being more specifically described as follows: DH -4 BEGINNING at a point at the southeast comer of the property described in Ordinance . 91 -033, Tract I, being a point at the intersection of Allred Road and Bonnie Brae Road; THENCE North 00° 39' 53" West, 3265.02 feet along Bonnie Brae Road to a point, said point being the northeast corner of the property described in Ordinance 91 -033, Tract I, and also being the southeast corner of the property described in Ordinance 91033, Tract R III; THENCE northerly along Bonnie Brae Road to appoint, said point being the southwest corner of the property described in Ordinance 2001 -092; THENCE South 891 29' 08" East, 1700.62 feet along the south line of the property described in Ordinance 2001 -092 to a point; THENCE North 88° 46' 32" East, 1502.66 feet along the south line of the property described in Ordinance 2001 -092 to a point for a comer; THENCE North 00° 47' 19" West, 2294.14 feet to a point for a corer; THENCE southerly along and near the median of Hickory Creek, a series of meanders totaling approximately 2411.54 feet to a point; THENCE South 20° 31' 1T' East, 21.90 feet to a point for a corner, said point being the northwest corner of disannexation tract described in Ordinance 80 -1, Tract M; THENCE southwesterly along the north boundary line of the property described in Ordinance 80 -1, Tract III, same being the center of the channel of Hickory Creek to a point for a corner at the intersection of the north boundary line and the west right -of -way line of the Texas and Pacific Railroad; THENCE southwesterly along the right -of -way line of the Texas and Pacific Railroad to a point for a corner, said point being the southeast corner of 'the property described in Ordinance 80 -1, Tract III and the northeast corner of the property described in Ordinance 79 -082; THENCE continuing southwesterly along the right -Of -way line of the Texas and Pacific Railroad as described. in Ordinance 79 -082, to a point for a corner, said corner being the southeast corner of said ordinance and the also being the northeast comer of the property described in Ordinance 69-40, Tract III; Thence northerly to the Point of Beginning, containing 347 acres, more or less. Fxhihit R City of Denton, Texas DH 4 - 347 Acres rIIIIN1CHOL5 Feet 0 400 800 1,800 2,400 EXHIBIT "C- 1" o: \legal \annexation 2014- 15 \dh -4 \barlow revocable trust 166855 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 Barlow Revocable Trust ( "Owners "), the property owners of the hereinafter described property (the "Property ") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties ": Being 5.356 acres of land, more or less, situated in the J. Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed dated May 5, 2009 from Donald A. Barlow and Suzanne Barlow to Barlow Revocable Trust, filed for record on May 8, 2009 and recorded in Instrument Number 2009 -55359 of the Real Property Records of Denton County, Texas. Said 5.356 acres of land, more or less, is commonly known as DCAD Property ID 166855. 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 o: \legal \annexation 2014- 15 \dh- 4 \barlow revocable trust 166855 non - annexation agreement extension.doc 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 shalt be limited to farm- related and ranch- related arses and customary accessory user, and single- fatuily detached farm or ranch dwellings, provided that no :single - family dwelling naay be 'located or constraacted 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 oAlegal \annexation 2014- 15 \dh -4 \barlow revocable trust 166855 non - annexation agreement extension.doc 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; o: \legal \annexation 2014- 15 \dh- 4 \barlow revocable trust 166855 non - annexation agreement extension.doc (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. 2 oAlegal \annexation 2014- 15 \dh -4 \barlow revocable trust 166855 non - annexation agreement extension.doc 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. oAlegahannexation 2014- 15 \dh- 4 \barlow revocable trust 166855 non - annexation agreement extension.doc Owners BARLOW REVOCABLE TRUST DoriTT. A. Barlow, Co- Trustee, who represents and warrants to the City that he has the power and authority to execute this agreement on behalf of Barlow Revocable Trust ( "Trust ") as Co- Trustee, and to bind the Trust thereto THE CITY OF DENTON, TEXAS .,,. City Manager, Deputy City anager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON } This instrument was acknowledged before me on the day of Zt�M,4i /-���� 2014, by Donald A. Barlow, Co- Trustee, on behalf of the Barlow Revocable Trust. Mary A. Noxon cot„ tt mm E)Or 12- 10 -20I S THE STATE OF TEXAS COUNTY OF DENTON , This ]rls 1.1111 lit was roc Y _ `liy dge before me sa -tl " day of `la ell 11t vole' .. �4 .111e1 1 /Deputy C "1t, % 7csigllttted I cllreelltat „c., on behalf of 11e C1ty of Denton, Texas. "17 otary Public, � 1 t„ try Pub] q.' State of Texas 2 EXIUBIT «c_2» oAlegal\ annexation 2014- 15 \dh4 \burch family farm 64685 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 Burch Family Farm, Ltd. ( "Owners "), the property owners of the hereinafter described property (the "Property ") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties ": Being 140.607 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated September 6, 2007 from Richard L. Burch to Burch Family Farm, Ltd., filed for record on September 13, 2007 and recorded in Instrument Number 2007- 110039 of the Real Property Records of Denton County, Texas. Said 140.607 acres of land, more or less, is commonly known as DCAD Property ID 64685. 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 o: \legal \annexation 2014- 15 \dh -4 \burch family farm 64685 non - annexation agreement extension.doc 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 oAlegal \annexation 2014- 15 \dh- 4\burch family farm 64685 non - annexation agreement extension.doc 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; oAlegal \annexation 2014- 15 \dh -4 \burch family farm 64685 non - annexation agreement extension.doc (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. , r�emeiflt Deemed "oid n �'" ���ml ,."�y"olu.ngi:.y:..1''�l�l�lex tio. (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 oAlegal\annexation 2014- 15 \dh- 4 \burch family farm 64685 non - annexation agreement extension.doc 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, g t, together with any other provisions, as may be necessary for the implementation of those sections. 5 oAlegal\annexation 2014-15\64\burch family farm 64685 non-annexation agreement extension.doc Owners Burch Family Farm Ltd. By: Burch Farm Management, LLC, it's General Partner Richard L. Burch, President By '- Zl� J a 4nk Burch, THE CITY OF DENTON, TEXAS By:, City an er, 1. eputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of." 2014, by Richard L. Burch, President, Burch Family Farm, Ltd. SANDY LA S) P'A** %,,(,,S Notary Public, State of Texas My Commission Expires "t iie of Texas . . .... October 07, 2011 "t Notary Public, iS, COUNTY OF DENTON This instrument was acknowledged before me on the 3 day of 2014, by Janelle Burch, Secretary/Treasurer, Burch Family Farms, Ltd. SANDY LAWSON p �'�` z' "I- Notary Public, State of Texas My Commission Expires October 07, 2016 Notary Public, StaAe of Texas n. EXHIBIT "C -Y oAlegal \annexation 2014- 15 \dh -4 \burks, bradley & mishelle 241741 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 Bradley & Mishelle Burks ( "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 11.958 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated February 4, 2002 from Mont L. Wilkes and Emrie A. Wilkes, husband and wife to Bradley A. Burks and wife, Mishelle L. Burks, filed for record on February 20, 2002 and recorded in Volume 5027, Page 1036 of the Real Property Records of Denton County, Texas. Said 11.958 acres of land, more or less, is commonly known as DCAD Property ID 241741. 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 t he Property I remain in the 'i.ty "s extraterritorial jtrrisdiction ( "ETJ ") for the term of this updated 2014 n« n- aritiexat1on extension agreement (hereinafter, the "2014 NAA" or "Agreement"), which supersedes and replaces the 2010 NAA prcviowly 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 1 o: \legal \annexation 2014- 15 \dh -4 \burks, bradley & mishelle 241741 non - annexation agreement extension.doc 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- rclated 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 oAlegal \annexation 2014- 15 \dh4\burks, bradley & mishelle 241741 non - annexation agreement extension.doc 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 oAlegal \annexation 2014- 15 \dh-4 \burks, Bradley & mishelle 241741 non - annexation agreement extension.doc (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 developrent that, is subini:tted to the City for the Property during such period if such Epplication 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 sitch 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. 0 oAlegakannexation 2014- 15 \dh -4 \burks, bradley & mishelle 241741 non - annexation agreement extension.doc 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. Ow , F31°a . �fi11•4 o: \legal \annexation 2014- 15 \dh-4 \bucks, bradley & mishelle 241741 non - annexation agreement extension.doc Mishelle Burks THE CITY OF DENTON, TEXAS " City Manager, Deputy Cit X n Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of DG G ............ �, 2014, by Bradley 13ttrl(s. �� r iryttltttr�a ��r 0* CaY.. Public y , State of T......: exas THE STATE OF TEXAS����� "�' COUNTY OF DENTON This instrument Ott td 110A�)edged 2014, by Mishelle Btl��`.» NABi1 "'� z "f OVb THE STATE OF TEX AS COUNTY OF DENTON This in , uirpit was vt ttt, ive, on lhalfof 1 i before me on the �'l. day of L ,, Notary Public, State of Texas t4, before 11'1. otthe �. _P day of by ,t t iLy' 1 lln rll�e ttty i y M 1ltagerll esignated City of Denton, "1" jo Notary Pub . ._m ER K. WALTERS M Public, State of Texas My Commission Expires December 19, 2018 2 of 1r 111 State of Texas oAlegal \annexation 2014- 15 \dh -4 \burks, bradley & mishelle 241741 non - annexation agreement extension.doc APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY M. After recording return to: Jennifer Walters City Secretary 215 E. McKinney St. Denton, Texas 76201 EXHIBIT 46C -4" oAlegal \annexation 2014 -15 \& 4 \crawford, lance & kimberly 166848 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 Lance T. & Kimberly M. Crawford ( "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 4.00 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated October 26, 1992 from Brighton Trading Company, L.C. to Lance T. Crawford and wife, Kimberly M. Crawford, filed for record on November 20, 1992 and recorded in Volume 3382, Page 952 of the Real Property Records of Denton County, Texas. Said 4.00 acres of land, more or less, is commonly known as DCAD Property ID 166848. 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 rema ll i�ll,, the City's extraterritorial jurisdiction ( "ETJ") for the term of this updated 2014 ,. non- arinexation extensioll 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 oAlegal \annexation 2014- 15 \dh -4 \crawford, lance & kimberly 166848 non - annexation agreement extension.doc 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 oAlegal \annexation 2014- 15 \dh- 4 \crawford, lance & kimberly 166848 non - annexation agreement extension.doc 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 oAlegal \annexation 2014- 15 \dh- 4 \crawford, lance & kimberly 166848 non - annexation agreement extension.doc (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 I evelopuient 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 ]night 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. M oAlegal \annexation 2014 -15 \6 4 \crawford, lance & kimberly 166848 non - annexation agreement extension.doc 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 -" nc.e T. Crawford f,? �...._ 5 oAlegal \annexation 2014- 15 \dh- 4 \crawford, lance & kimberly 166848 non - annexation agreement extension.doc Kimberly M.1vrialyd�� THE CITY OF DENTON, TEXAS By.- � City Ma lager, Deputy City anager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 2014, by Lance T. Crawford. t . 2 215 RE EN Notary Public, State of Texas x' My Commission Expires dr wwM. 'x November 22, 4 1 G M THE STATE OF TEXAS COUNTY OF DENTON `! day of I 6 im 11r. This instrument was acknowledged before me on the 2014, by Kimberly M. Crawford, �" "' Naatrrry 1 ublic, Siate of Texas My i 47r1Mm13 iC MN l:xPires 201 ✓wa,wrawww THE STATE OF TEXAS COUNTY OF DENTON day of ott r Public, St c f Texas This irl r11111 lilt was ar; rlrrwle gec before ila caa..tle .� day of�. ' �, 114 Iiy �„ City ana r /Deputy City Manager /Designated 1el.i'eillti; ivc�„ on behalf of t�ie City of Denton, Texas. "" JENNIFER K. WALTERS «, Notary Public State of Texas My Commission Expires" m December t 9, 201 atK �ry lubli� �, State of ALAI) _ 9 .. .. 6 oAlegahannexation 2014- MA- Ccrawford, lance & kimberly 166848 non - annexation agreement extension.doc APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY After recording return to: Jennifer Walters City Secretary 215 E. McKinney St. Denton, Texas 76201 EXHIBIT 66C -5" oAlegal\ annexation 2014- 15 \dh -4 \logan et al 166853 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 Don Logan, Patricia Logan, Paul Tubbs and Tammy Tubbs ( "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 7.932 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated January 28, 1994 from Jack Erickson to Don F. Logan and wife, Pat Logan; and Paul Tubbs and wife, Tammy Tubbs, filed for record on February 7, 1994 and recorded in Instrument Number 94- R0010473 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 4.390 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 22, 1998 from Don F. Logan and wife, Patricia A. Logan to Paul A. Tubbs and wife, Tammy D. Tubbs, filed for record on October 26, 1998 and recorded in Volume 4204, Page 547 of the Real Property Records of Denton County, Texas. Said 4.390 acres of land, more or less, is commonly known as DCAD Property ID 200811. The remaining 3.542 acres of land, more or less, is commonly known as DCAD Property ID 166853. 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 and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; 1 oAlegal\annexation 2014- 15 \dh- 4 \logan et al 166853 non - annexation agreement extension.doc 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 o: \legal \annexation 2014- 15 \dh -4 \logan et al 166853 non - annexation agreement extension.doc 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 oAlegal \annexation 2014- 15 \dh -4 \logan et al 166853 non - annexation agreement extension.doc (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 oAlegal \annexation 2014- 15 \dh-4 \logan et al 166853 non - annexation agreement extension.doc 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. R o: \legal \annexation 2014- 15 \dh-4 \logan et al 166853 non - annexation agreement extension.doc THE CITY OF DENTON, TEXAS By City ilanager, Deputy City 11ger, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON -This instrument was acknowledged before me on the �— day of 2014, by Don Logan. t i Notary Public, State 0" "'as "'as My Commission Expires jttlt+ 06, 01 THE STATE OF TEXAS COUNTY OF DENTON 4u, Y—A Notary 1'ttblic, State of "1 "cxas oAlegal\annexation 2014- 15 \dh-4 \logan et at 166853 non - annexation agreement extension.doc APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 11 . i After recording return to: Jennifer Walters City Secretary 215 E. McKinney St. Denton, Texas 76201 8 EXHIBIT 46C -6" s:\legal\our documents\misce11aneous \14\naa extensions\db- 44ade- luster 166850 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 Kevin Wade and Sheila Luster ( "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 6.460 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated October 28, 1992 from Brighton Trading Company, L.C. to Kevin M. Wade and Sheila L. Luster, filed for record on November 25, 1992 and recorded in Volume 3385, Page 616 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 0.574 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that Donation Deed dated March 3, 2005 from Kevin M. Wade and Sheila L. Luster to Denton County, Texas, filed for record on March 15, 2005 and recorded in Instrument Number 2005 -30082 of the Real Property Records of Denton County, Texas. The remaining called 5.88 acre tract is commonly known as DCAD Property ID 166850. 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 s: \legal\our documents\miscellaneous \14\naa extensions\d6- 44ade- luster 166850 non - annexation agreement extension.doc 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 IM sAlegal\our documents\miscellaneous \14\naa extensions \dh- Awade- luster 166850 non - annexation agreement extension.doc 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 s: \legal \our documents\miscellaneous \14\naa extensions \dh-4\wade - luster 166850 non - annexation agreement extension.doc (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed 4 s: \legal \our documents\miscellaneous \14\naa extensions \dh -4 \wade - luster 166850 non - annexation agreement extension.doc 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. sAlegal\our documents\miscellaneous \14\naa extensions \6 44ade- luster 166850 non - annexation agreement extension.doc Owners, Kevin Wade Shelia Luster THE CITY OF DENTON, TEXAS BY: �� T� City Manager, Deput� y Ci ty Ma�aa ° e or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON } This instrument was acknowledged before me on the �'� day of!", 2014, by Kevin Wade. MEHREGAN SMMI MY COMMISSION EXPIRES mbar i6, 2015 .. 192- _ _..._... Nova Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 6-744 day of 2014, by Sheila Luster. MEHREGAN SALIMI MY COMMISSION EXPIRES Y � Noven&r % 2015 Notary Public, State of Texas 0 sAlegahour documents\miscellaneous \14\naa extensions\dh -4 \wade- luster 166850 non - annexation agreement extension.doc THE STATE OF TEXAS COUNTY OF ENTON } d- This llls:ltlall1: was aX"' wed e a1 d� _. day t ., 44. by ame .... ti before �y ` a �De� llty ily aiiaj�&/Desi na d 1C Pelrresen �vc,oh} .1�l' of (hay of enloll, Texas. JENNIFER K. WALTERS Notary Public, State of Texas My Commission Expires ar �PLG State ' exile M4 /4tlA W 4w"` December 14, 2016 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:t °° After recordinE return to: Jennifer Walters City Secretary 215 E. McKinney St. Denton, Texas 76201 EXHIBIT 64C -7" oAlegal \annexation 2014 -15 \8 4\norris, david 166860 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 David P. Norris ( "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 5.978 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Assumption Warranty Deed dated February 11, 1993 from Bert Gibbs to David P. Norris, filed for record on February 24, 1993 and recorded in Volume 3455, Page 210 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 0.580 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Donation Deed dated February 12, 2005 from David P. Norris and Kathleen Norris to Denton County, Texas, filed for record on March 2, 2005 and recorded in Instrument Number 2005 -24107 of the Real Property Records of Denton County, Texas. The remaining 5.398 acres of land, more or less, is commonly known as DCAD Property ID 166860. 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 oAlegahannexation 2014- MA- Anorris, david 166860 non - annexation agreement extension.doc 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 2 oAlegal \annexation 2014- 15 \dh- 4\norris, david 166860 non - annexation agreement extension.doc 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 oAlegal \annexation 2014- 15 \dh- 4\norris, david 166860 non - annexation agreement extension.doc 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 taevclopnient application or plan of developnrerlt 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 tnigllt 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. 1° unaelrt T e r d Void Party Vt�lulrtar 1�l�rl �lti(IlmL (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 oAlegal \annexation 2014- 15 \dh4\norris, david 166860 non - annexation agreement extension.doc 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 David' P. an is 5 o: \legal \annexation 2014- 15 \dh- 4\norris, david 166860 non - annexation agreement extension.doc THE CITY OF DENTON, TEXAS By: _ City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 2014, by David P. Norris. rwuw DARLENE ANN GATES " - Notary Public, State of Texas w My Commission Expires March 06, 2018 THE STATE OF TEXAS hw.. day of IO.T COUNTY OF DENTON } This 111 fYl1lnt t was ae mtowle Berl before r� lae_rM-" day of 4Z", 2 Eby "Oil .� IT "ity ul �n�tgcf el ltty City Manager/Designated gent 1ve, o City Texas. .. ,.., n behalf Ci of Denton, JENNIFER K. WALTERS �tiL1i State cal "Texas _ ._'...� Notary x y P ublic, State of Texas ro My Commission Expires y December 19, 2018 �*d' "ara R,rw APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY II o: \legal \annexation 2014- 15 \dh4\norris, david 166860 non - annexation agreement extension.doc After recording return to: Jennifer Walters City Secretary 215 E. McKinney St. Denton, Texas 76201 EXHIBIT 66C -8" oAlegal \annexation 2014- 15 \dh -4 \preston, rodney & kathy 233817 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 Rodney S. and Kathy A. Preston ( "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 10.50 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated January 22, 2001 from Mont L. Wilkes and Emrie A. Wilkes, husband and wife to Rodney S. Preston and Kathy A. Preston, filed for record on January 24, 2001 and recorded in Volume 4760, Page 1432 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 0.014 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Donation Deed dated February 10, 2005 Rodney S. Preston and Kathy A. Preston to Denton County, Texas, filed for record on March 2, 2005 and recorded in Instrument Number 2005 -23926 of the Real Property Records of Denton County, Texas. The remaining 10.486 acres of land, more or less, is commonly known as DCAD Property ID 233817. 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 o: \legal \annexation 2014- 15 \84\preston, rodney & kathy 233817 non - annexation agreement extension.doc 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 Agrce,lnent and any extensions agreed to by the Parties shall be limited to farm- related and ratich- related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that net single°•- lfainily 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 oAlegahannexation 2014- 15 \dh -4 \preston, rodney & kathy 233817 non - annexation agreement extension.doe 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; oAlegakannexation 2014- 15 \dh-4 \preston, rodney & kathy 233817 non - annexation agreement extension.doc (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, 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 4 oAlegal \annexation 2014- 15 \dh -4 \preston, rodney & kathy 233817 non - annexation agreement extension.doc 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. E oAlegal \annexation 2014- 15 \dh4\preston, rodney & kathy 233817 non - annexation agreement extension.doc THE CITY OF DENTON, TEXAS City Manager, Deputy City !Manager, or " Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day ofCl'l,_, 2014, by Rodney S. Preston. y Mara B York 12 Commission Expires talwy Public, Si e of Texas �_ ...._ 12!04/2016 N THE STATE OF TEXAS COUNTY OF DENTON 0 A -11 This instrument was acknowledged before me on the "Ifz I day of kk UEM,6 1" 2014, by Kathy A. Preston. Mara 8 York My Commission Expires r � ... .. .. Wla 12/04/2016 Nt�l 1t Pub11c, S ,. e of Texas R oAlegal \annexation 2014- 15 \dh-4 \preston, rodney & kathy 233817 non - annexation agreement extension.doc THE STATE OF TEXAS COUNTY OF DENTON } phis In trttn:... �c� .t lt was a i t ow lei e before lil��try t ~ti� di" r,30064 � �a o _ v<$1, ty rrt City @' aria - i &/Desi iiat.ed t�,et�l °eselttati� on�eh�l9f of t�l� �. ity of Denton, Texas. JENNIFER K WALTERS Notary Public, State of Twot �, my December ll4 Emma 1 et ry l�trl�� State ��i " "�1� "exas APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: M� �`'1 After recording return to: Jennifer Walters City Secretary 215 E. McKinney St. Denton, Texas 76201 EXHIBIT 66C -9" oAlegahannexation 2014- 15 \dh- 4Vobinson, christopher & joyce 76883 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 Christopher T. Robinson & Joyce L. Robinson Family Trust ( "Owners "), the property owners of the hereinafter described property (the "Property ") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties ": Being 21.543 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain General Warranty Deed with Vendor's Liens dated October 22, 2007 from Philip L. Pierce and wife, Deborah D. Pierce to Christopher T. Robinson and Joyce L. Robinson, filed for record on October 25, 2007 and recorded in Instrument Number 2007 - 126327 of the Real Property Records of Denton County, Texas. Said 21.543 acres of land, more or less, is commonly known as DCAD Property ID 76883. SAVE & EXCEPT: 0.486 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Donation Deed dated June 1, 2004 from Philip L. Pierce and wife, Deborah D. Pierce to Denton County, Texas, filed for record on June 22, 2004 and recorded in Instrument Number 2004 -82064 of the Real Property Records of Denton County, Texas. 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 0 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. 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. M 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 F By:. 1a ttt_ pW�_ City g er, Deputy City N4anager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 06grri~.�,�dr�. 2014, by Christopher T. Robinson, 't—r w-xt ee of the Robinson Family Trust. SUSAN J. DAWSON ory Public, State of Texas y Commission Expires May 09, 2017 THE STATE OF TEXAS COUNTY OF DENTON N ca ar°y Public, Slat. f "exas This instrument was acknowledged before me on the „ ..........n day of , 2014, by Joyce L. Robinson, I r (4--3 1 t-e of the Robinson Family Trust, W1 h� w ",,, SUSAN J. DAWSON Notary Public, State of Texas �h My Commission Expires May 09, 2017 f otary Ptibli , ,. tate of Texas THE STATE OF TEXAS COUNTY OF DENTON } �This instrument was ael<rr Wled red before ine lie _ day c b by . mm -" �ity Arta /Del�uly City Car ti er,IDesignate(`l Representat.l�'• e, oil behalf" of the City of Delltori, Texas.. J1'N1,41F . V 4V C wa Pu,� iic ;w9�a0u.0)G ��Cti4f:]S �r� y -�omrf*si an ExlxR'e ', DOCember 19, 2018 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY I1 . lot, y Publ.�i.. State of Texas 7 After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT "C- I V oAlegal \annexation 2014- 15 \dh -4 \spears, joseph & donna 166852 & 166864 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 Joseph A. Spears & Donna D. Spears ( "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 4.140 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated November 17, 1995 from Jack Erickson to Joseph A. Spears and Donna D. Spears, filed for record on November 21, 1995 and recorded in Instrument Number 95- R0072993 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 0.3981 acres of a called 0.775 acre parcel of land, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being described in that certain Donation Deed dated February 10, 2005 from Joseph Spears and Donna D. Spears to Denton County, Texas, filed for record on March 2, 2005 and recorded in Instrument Number 2005 -23935 of the Real Property Records of Denton County, Texas. The remaining 3.7419 acres of land, more or less, is commonly known as DCAD Property ID 166852; and Being 3.154 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated March 4, 1993 from Leslie Farmer to Joseph A. Spears and wife, Donna D. Spears, filed for record on March 11, 1993 and recorded in Instrument Number 93- R0014019 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 0.3769 acres of a called 0.775 acre parcel of land, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being described in that certain Donation Deed dated February 10, 2005 from Joseph Spears and Donna D. Spears to Denton County, Texas, filed for record on March 2, 2005 and recorded in Instrument Number 2005 -23935 of the Real Property Records of Denton County, Texas. The remaining 2.7771 acres of land, more or less, is commonly known as DCAD Property ID 166864. 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; 2 NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch - related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; 3 e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141— 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The - Owners further agree that no use commenced or completed on the Property that 2 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. rIAIRRMUNW, Donna D. Spears THE CITY OF DENTON, TEXAS B City Manager, Deputy City Vriinager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 44C day of - ' 2014, by by Joseph A. Spears. t. D My dommieslon Erplree Much 11, 2017 Notary .. ._ Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON n This instrument was acknowledged before me on the /% � day of / l�—(/`�/Yn2� , 2014, by Donna D. Spears. �m�_��� � �r�w � � ��"� �� DENISE WILKINSON ��,H� � � a � My CnmrtN��ion Expires � -� � � , � �� �� t t �of Texas � � ���,� ..� ,� �.... I � � Much 11, Y017 Notary Public, S +� �� +� � THE STATE OF TEXAS COUNTY OF DENTON �• , ��7�" y �� �..��......._�����.� This i���t�°��x�� ���t was ,��k ���v��c�� �c�� before �m�� ��� ,:�w da of � ������t,�y � � Ci � Denton, Texas� ����������������� City Manager/Designated i��;�ar�����t��a��� on behalf of 1. �. ty ��� " .�_...M._.W.., 'N��p�V, -,.�orGlit+,,.b I��I Y I° � II � � �: ,,� , ��. : �� . � _ " `� y I � ", � j �� � � � �.,,,, �� ��r� #�ep� � i�� ��u ��is i��Wi �'4�,� G7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : � �' � � � m. � �� ��..... ._�. . . � �� Stat. ..._ � i�r 1�tzk� y, e of Texas '�.. � / � 7 After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT "C-11" o:\legal\annexation 2014-15\dh-4\sutton, timothy & jeanna 227860 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 Timothy Sutton and Jea.nna Sutton ("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 7.000 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Special Cash Warranty Deed dated September 13, 2000 from Mont L. Wilkes and Emrie A. Wilkes, husband and wife to Timothy T. Sutton and Jeanna M. Sutton, husband and wife, filed for record on September 14, 2000 and recorded in Volume 4674, Page 1217 of the Real Property Records of Denton County, Texas. Said 7.000 acres of land, more or less, is commonly known as DCAD Property ID 227860. 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 201 S; 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 fo.r 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. Governin��ulations. The following City regulations shall apply to any developinent 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. b. c. d. e. f. g• h. International Building Code, 2009 Edition with local amendments; International Residential Code, 2009 Edition with Appendix G and local amendments; The International Fire Code, 2009 Edition with local amendments; International Plumbing Code, 2009 Edition with local amendments; International Fuel Gas Code, 2009 Edition with local amendments; International Mechanical Code, 2009 Edition with local amendments Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; ' 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; �nd l. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on • Environmental Quality, as amended; • (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part• Voluntarv 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 ITof 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. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by 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 .. ��,°��`"" �,�.� ���� �, ......� �. Timothy Sutton � � � 5 a �,�"� ��.��,. < �. � �° �����'�.�°°�"� ....__���,.����.�.✓...... J�����rt�� �at��a��. THE CITY OF DENTON, TEXAS �: �� � �,: ,�� City Manager, Deputy City $�� ���,��°,� or � Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 2014, by Timothy Sutton. w �,�, � „� �w ,� �,�,�.�,�,,., ���,.� ,�,� � � * ��,!�,`' � � ' � � �"'�.r•^ . • - . . � � ,� � �� i �w �' �, �� � ��w � �, THE STATE OF TEXAS _ day of _� ��..��� � �:�'""� . �.. .� � �� � ` � � _ .. �'` "". `." �� c�t�ary �'t� �lic;, State of Texas COUNTY OF DENTON } This instrument was acknowledged before me on the "� � day of "�"���'� � 2014, ����`'� ��'��,� GLORIA B. HOCKING � � Notary PubliC �. StAI'E OF TEXAS ���»�" My Comm. Exp. 05/23/2015 THE STATE OF TEXAS � , + IT� ��� ����" ' . �,, � � ........w :..� ._.... �e�_� � _ m otary �a��l�lic, State of Texas COUNTY OF DENTON } �' �, c�� _, �vi��r�� � Y �, �w � Y ��� � da ca�' � . �1�, �a�r��t^� ��� ��• , �, ���t.�r �"'i Manager/Designated � � � This za��i�W �r��c�t �v��� ���r� v�°Cc ... �... �' e ore r,.. f����m��������t �� on behalf of i�t� C�ty of Denton, Texas. �"�m��wm- ��--�- � � i� ��o° ; � . .��, � � ��;�'��i ��,� .� � :� „ � M� ; r * ._ � � a � � � � .� �� .� . � ���mm :� � �. ���-� I����.1i : �1���� of Texas APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : , , . ,� ��...� � � ��. . ��, �r;��;�° ��,F � . �� After recordin� return to: � Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT "C-12" o:\legal\annexation 2014-15\dh-4\tubbs, paul & tammy 200811 non-annexation agreement extension.doc CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON-ANN�XATION 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 Paul A. Tubbs and Tammy D. Tubbs ("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 4.390 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 22, 1998 from Don F. Logan and wife, Patricia A. Logan to Paul A. Tubbs and wife, Tammy D. Tubbs, filed for record on October 26, 1998 and recorded in Volume 4204, Page 547 of the Real Property Records of Denton County, Texas. Said 4.390 acres of land, more or less, is commonly known as DCAD Property ID 200811. 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 Govertunent 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 ETJITITStatus. 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. Governin�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 amencled, 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 calenciar 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�reement Deemed Void in Part• Voluntarv Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 0 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarcled 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. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by 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. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple 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 � �� .:..�.. ;:��.........__...— ....................�._............._....._� �...............m _ ����� 1 A. Tul�bs E � �Tammy D Tubb.s.����..� �......�.—.�w.......__�.— THE CITY OF DENTON, TEXAS a By �-� .,.. M ��'� City ��� ���� ; Deputy Ci��'�������� o �. � � Designated Representative THE STATE OF TEXAS COUNTY OF DENTON } This instrument was acknowledged before me on the � day of ��"���'�,��,� "� ITmmm _„ 2014, by Paul A. Tubbs. � � ������ ""�� � � �����BETTY J. COFFMAN� � � w,� ���� , � �",�[ � ry Publla State of Texas � � �" �° My CommisslDn Explres � � � ww Notary �1 ����1 �, �t�i Texas��� �������� � "^, � , July 21, 201b "� .....�_ ..�.�.��.�.� ' THE STATE OF TEXAS COUNTY OF DENTON } , This instrument was acknowledged before me on the day of ' , 2014, by Tammy D. Tubbs. �rrXrrp��� '""' �M�g ��� ,� BETTY J. COFFMAN ��' � e Notary Publlc, State of Texas ,•�,�= My Commission Explres �'" �"� �` July 21, 201 B � , "'� ��'����wx���" �; � �„ ��.. � .�.... m.� Notary '��ui�l�� �,��� �t� � " T�exas � THE STATE OF TEXAS COUNTY OF DENTON } m � � ' 1:ra�awv�C�t� �� before me �ro����la= �Y This iw�m�tx°G�����r�t was �� �� a� �, _ day of .:� � ...� � p .,_ �__ � ��� r���.�� ���, on behalf a�f" hc� City ��� Denton, 1�,���it��^N��n���� I7��Lrt� Crty N�������,��°�C�����r���t�cl � x� � �"� ",.� 1ENNlF R K A.:.� ._ �_ _.� . Y = E LTERS ...� �._. ;� �,� � N�'�r� a��r;c, st ��¢ 1�xos c��� �`� l�"����, � State of °� ����;� �� �"�'� , : Mv vommission Explres �,'� N�; �re�:un�b�3r t4 2a19 �d ftl�Y d �* ... r.. .,.-�. �Merr4�'^' daW�^�II.✓+wrd"Y� wa�'b*'xaki��'�:'sf . dua✓�'N�r,�". APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � � ��°... � �BY: m '���'��� '�'�..._..�� � ��,�°' .�� �% ' � ��'����' ��� � ����d � � �, � �' � ��`� �. 7 After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 ���-- IT «c_ 13» o:Vegal\annexation 2014-I S\dh-4\younker, jesse & alice youngker family trust 166863 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 Jesse D. Youngker and Alice M. Youngker of the Youngker Family Trust ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 6.008 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed dated December 29, 1997 from Dennis Wayne Smith and wife, Kerri Wray Smith to Jess Youngker, filed for record on December 30, 1997 and recorded in Instrument Number 97- R0090947 of the Real Property Records of Denton County, Texas. Said 6.008 acres of land, more or less, is commonly known as DCAD Property ID 166863. 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 tfie 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 se't 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 munic'ipality to apply development regulations not inconsistent with agricultural u�e; 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 l. 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 RegLulations. 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 ag'ricultural, wildlife management or forestry purpos�s 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 Der�ton 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 iirst 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�reement Deemed Void in Part• Voluntarv 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 shail 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. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by 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 Youngker Family Trust ��' � .�__ _�..�._ . ��� D. Y����� � <:�� ��� � �� � .� �� �-�, ,�.... � ���`c�.:�`'���. Alice M. Yt����a������'µ ^� �� THE CITY OF DENTON, TEXAS � � ��� � . By -�� � � c�ty�������,��; ���..�/''� �._.._ ��._ ..... k , ��.�'���'°, I�ILy ��.��'.�'��,�'�I�� �r Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �� day of ��e ��`� �.......�_.... 2014, by Jesse D. Youngker, Ucc� � e-n- , of the Youngker Family Trust. ti„a� a � ���� � �'M �'���-. � LINDA R PFLUGHOFT � ��°-„�- '�"��� My Commission Expires ���°�'�-��� �'� � , July 25, 2015 Nomm �".�"_m� � �� < �.� _ _ ������ r„a �; tary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �_,,,,� day of ��"� ���LL--�� �"" 2014, by Alice M. Youngker, � Qal r�✓ ��--- � of the Youngker Family Trust. . ������ ��hk n �,���. . . LINDA R PFLUGHOFT My Commission Expires �'""'�' July 25, 2015 � "��"roay; r�s� i�i.µ•'�?.m. . �� G-�„-. �,�,rw.,,,,, ! `— f� �d ��- �.� �"�'��•"�'" r e r � �.... � �,� , , . �.�. 1`�otary Public State of Texas � � THE STATE OF TEXAS COUNTY OF DENTON } n...,. � ���� � � ' �� ..��. _. ' . , ��M%�., � . , _. a ��� � i � ..... � ...__ ...__ "`. � This i��wl�G�� ��r�1 was � ��tt���v��t�� ��� before �t�� �����.i � ���A� w�� �,_... �,��,;- � ���� �'1�a���r��'��.��a�.tty �.�:i:C� 1'���������m11���i����t�t�1 �����,��°us�r�t iv�, on behalf �r�the City of Denton, Texas "�µm�m� � , � ���� ��� ��.�� .��,�ti�'�r w: "������'- suos �� � ���,���� •'w': � ,��w��t� ���, y d' �w I��� Y�9 � � � r �.W��� � �F" A,W+�M. r � stiM+Nr'��•,. " APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � �� � � "� � � � � � � ?�� � �����li�, ���1� c�t`��.,exas .. _� �._...m 7 I' 5tli81NIJA��� xIL'I"MU�qI`4",�5 X"W. 'W'Yf"�LOGiti7 � ��w�^" 9Na�� 6�1�t��ry 9"^Ma9°r66� �4��1�.� �1 l�xr�� � � � ���„,� h�y �m-.�rrar�'rb�.�Gw�rr ����ad�:� ,����"ri,'as�,�� �Y�'CC�S°�k���� i9,'����b �, �..�...� � �s,� �.�._..�. �1 wt . . , . .. ro After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 % EXHIBIT "C-14" o:\legal\annexation 2014-15\dh-4\wilkes, mont & emrie 132660 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 Mont L. Wilkes and Emrie A. Wilkes ("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 an 80.133 acre tract of land, more or less, and a 20.00 acre tract of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described as Tract I and Tract II, respectively, in that certain Special Warranty Deed dated August 21, 2000 from Calvary Cathedral, Inc. f/k/a Calvary Evangelistic Temple of Fort Worth, Inc. to Mont L. Wilkes and Emrie A. Wilkes, husband and wife, filed for record on August 25, 2000 and recorded in Volume 4661, Page 350 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 10.50 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated January 22, 2001 from Mont L. Wilkes and Emrie A. Wilkes, husband and wife to Rodney S. Preston and Kathy A. Preston, filed for record on January 24, 2001 and recorded in Volume 4760, Page 1432 of the Real Property Records of Denton County, Texas. Said 10.50 acres of land, more or less, is commonly known as DCAD Property ID 233817. Additionally SAVE & EXCEPT: 7.000 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Special Cash Warranty Deed dated September 13, 2000 from Mont L. Wilkes and Emrie A. Wilkes, husband and wife to Timothy T. Sutton and Jeanna M. Sutton, husband and wife, filed for record on September 14, 2000 and recorded in Volume 4674, Page 1217 of the Real Property Records of Denton County, Texas. Said 7.000 acres of land, more or less, is commonly known as DCAD Property ID 227860. Additionally SAVE & EXCEPT: 21.543 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain General Warranty Deed with Vendor's Lien dated February 8, 2001 from Mont L. Wilkes and wife, Emrie A. Wilkes to Philip L. Pierce and wife, Deborah D. Pierce, filed for record on February 14, 2001 and recorded in Volume 4775, Page 617 of the Real Property Records of Denton County, Texas. Said 10.50 acres of land, more or less, is commonly known as DCAD Property ID 76883. Additionally SAVE & EXCEPT: 10.710 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Warranty Deed dated March 1, 2001 from Mont L. Wilkes and wife, Emrie A. Wilkes to Jack Brandenburger, filed for record on March 5, 2001 and recorded in Volume 4787; Page 690 of the Real Property Records of Derrton County, Texas. Said 10.710 acres of land, more or less, is commonly known as DCAD Property ID 233816. Additionally SAVE & EXCEPT: 11.95 William Roark Survey, Abstract No. 1087, I described in that certain Warranty Deed with Mont L. Wilkes and Emrie A. Wilkes, husb� Mishelle L. Burks, filed for record on Febru Page 1036 of the Real Property Records of D 8 , land, more or less, is commonly known as DCAD Property ID 24.1741. acres of land, more or less, situated in the �enton County, Texas, and being more fully Vendor's Lien dated February 4, 2002 from nd and wife to Bradley A. Burks and wife, �ry 20, 2002 and recorded in Volume 5027, enton County Texas. Said 11.958 acres of Additionally SAVE & EXCEPT: 0.096 acres of land, more or less, and 0.480 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and described in Tract 2 and Tract 2N, respectively, of that certain Donation Deed dated May 26, 2004 from Mont L. Wilkes and Emrie A. Wilkes to Denton County, Texas, filed for record on June 22, 2004 and recorded in Instrument Number 2004-82062 of the Real Property Records of Denton County, Texas. The remaining called 39.939 acre tract of land, is commonly known as DCAD Property ID 132660. 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 ta� 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, T���r�] �a �����t� 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. Gdv't Code section 212.172(b). 3 Section 3. Governin� Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North, Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; c. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual; as amended, and as supplemented by the Texas Water L� 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 axise 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. 5 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 �he 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 7620 ]. Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by 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. 4":�r�rt����� ����-����� . �� . ... � . —� - �.. . � �, � ,��, L. Wilkes 0 �� .. � � � � _ ..�_�.�. �.����r�,� �. 4�v°�k1��,4� "" THE CITY OF DENTON, TEXAS ,�; B �" Y' � • .� , .� �.._. City �r'i������ , Deputy City l''��a����„�x�, or Designated Representative THE STATE OF TEXAS COUNTY OF �N } � -L..Ui This instrument was acknowlecllged before me on the day of ���"�^�-" �°"�,� 2014, by Mont L. Wilkes. � �„, �� �. � ��� ���1����N 7 THE STATE OF TEXAS COUNTY OF•�d�6�d— � lC�s This instrument was 2014, by Emrie A. Wilkes. �� � . ^� �`'�� ��° - : ___�.�.�--�.„; �. ..� � _... �1a��1�u�r�-� Public, State ��� ��� i �, before me on t�� ��'""� da of ���°+�� m' ° .� acknowledged �� Y .��.....�._.� � � � r �`�" � � ������� � THE STATE OF TEXAS COUNTY OF DENTON } c �"� � /S '�� was ��,�C ��a�w�i�¢� ��ci before me �an i���� day of��" C��..�, S�' w�-n s._��' � ����c� �'� �. .._� ^., � t ����G���� ���,�t���+ Crty Manager/D g ated This ���� t � �:.�. � � �����,.� ��.���������rt� ���.�ve, on behalf �a�'t ��� City ��i'Denton, Texas. � � M 11E �-• w._..._ nr�uaam ......,, . .�. . . �!nn e.^r ��,�'�A+�p��.� �r �a�;�.���'wi � u�u�t�.�r�� I!�I�I�� rP�aP�� e�P ���^r;c�� , �"���. Fw1y Cs��rrau��'uf^��ar„a�� ��a��a��� 'd`w�;,..�w �����nra'�N���b�' p4,��V� ���,. .� .�.��� �.�.��._.._. .__.�.w ���� .�s,�_.� . "� A �" "*�f' __�d, �u.. '� .,.... . ,.,._,.. ��� . ,.. �c�� r� �'��1�1y , State of Texas % APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : ,� , � .�� �� ���'�r � .���"' ,� �� �r� � .�° � ���� After recording return to: `' � � ��� Jennifer Walters � City Secretary 215 E. McKinney Denton, TX 76201