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2015-067 %(+$1$%$1$-"$%.1, 2015067 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct Other %(+$Ș2ș#§º«(´¯º¯§²¹ AmendedbyOrdinanceNo.201515906/02/15JR AmendedbyOrdinanceNo.201623508/16/16JR s: \legal \our documents \ordinances \15 \paal accepting non annexation agreements.doc ORDINANCE NO. 2015-067 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 PAA1 OF APPROXIMATELY 1,171 ACRES LOCATED ON THE SOUTH SIDE OF JIM CHRISTAL ROAD, THE NORTH SIDE OF TOM COLE ROAD, WEST OF MASCH BRANCH ROAD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C -1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan, and the City desires to pursue annexation of PAA1, 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 \paal accepting non annexation agreements.doc SmECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as PAA1, 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 PAA1, 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 -30 ". SECTION 4. The City Manager is authorized and directed to sign the non - annexation agreements contained within Exhibits "C -1" through "C -30" 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 these attached 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 PAA1, the City Manager is authorized to rescind the City's action accepting said non - annexation agreements within six months of the effective date of this Ordinance should any property owners subject to the agreements so desire. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION w7. This Ordinance shall take effect immediately on its passage. AND IT IS SO ORDERED. �� w� 2015. Y Y g � Y Passed b the City Council reading this day of �.mm. CHRIS "T' , MA O R ATTEST: JENNIFER WALTERS, CITY SECRETARY BYo, ................ APPR6, ]?f; AS �O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY I: '2 EXHIBIT A Annexation Tract PAAI (Page 1 of 2) BEGINNING at point afthe northwest corner of tract described in Ordinance 2006 -205, and fiuther described in said Ordinance as a 112 inch pin in the Center° of Torn Cole Road (east -west road) and C. Wolfe Road from the south; THENCE South 880 55' 44 " East, along the present Denton city limit line as established by Ordinance 2006 -205 and being the northerly line of the tract described in Ordinance 2006 -205, a distance of 4,685.36 feet, generally with center of said Torn Cole load to an "x" cut in a concrete bridge; THENCE continuing along the northerly line of the property described in Ordinance, 2006 -205 and further described in said Ordinance as North 89' 43' 13 "" East, a distance of 2,;591 °.29 fcct� generally kith the center of "said Tom Cole Road, to a point described in Ordinance 2006.205 as a 3/4 inch iron pixy set at the northeast corner of the property described in Ordinance 2006 -205, said point also being described In Ordinance 69 -40 (Tract 1) as the southeast comer of the David Davis Survey, Abstract 356; TI -TENCE northerly along ties easterly line of"the said David Davis Survey, said line also being, the westerly lime of the Win. Wilburn Survey, Abstract 1419, along the present Denton city lirnit line as established by Ordinance 1969 -40 (Tract 1) a distance as described in Ordinance 69 -40 as 2,642 feet to a point lasing the'portheast corner of the said David Davis Survey; THENCE westerly, along the present Denton city limit bane as established by Ordinance 1969 -40 (Tract I) along the northerly line of the said David. Davis Survey and described in Ordinance 69-40 as a dince of 341 feet to a point for corner, said point described in Ordinance 69110 (Tract I) as the southwest corner of the said Wm. Wilburn Survey; TI:IENCE northerly along the present Denton city limit line as established by Ordinance 1969 -40 (Tract l) and along the.westerl;y line of the said Wm. Wilburn Survey a distance of 1,853 feet to a point described in Ordinance 69 -40 as the southeast corner of the, M.H. Davis Survey, Abstract Number 377, and also described as the northeast corner of a tract of land conveyed to Malcolm M. Long by deed recorded in Volume 389, Page 389 of the Deed Records of Denton County, Texas, said point also being the southeast corner of an City of Denton annexation tract established and described by Ordinance 1983 -90; THENCE South 89° 28' 15" West, along the present Denton city limit line as established by Ordinance 1983 -90 a distance of 2,359.92 feet (as described in Ordinance 83 -90) to a point for a comer; THENCE North 00° 05' 54" West, along the present Denton city limit line as established by Ordinance 1983 -90, a distance of 600.48 feet (as described in Ordinance 83 -90) to a point for a corner; Annexation Tract PAAI (Page 2 of 2) THENCE west, along the present Denton city limit line as established by Ordinance 1983 -90, a distance of 675.60 feet (as described in Ordinance 83 -90) to a point for a corner lying in the middle of Hickory Creek; THENCE North, along the present Denton city limit line as established by Ordinance 1983 -90, and along the middle of Hickory Creek with its meanders "to the center of Jim Christal Road (as described in Ordinance 83 -90) to a point for a corner, said point also lying on the south line of a City of Denton annexation tract established and described by Ordinance 1986 -48; THENCE North 89' 55' 00" "quest with said Jim.. Christal Road, along the present Denton city limit line as established by Ordinance 1886 -48, also being the southerly line of the i; A. Orr Survey, Abstract Number, 983, a distance of 3,435 feet to a point for a comer, said point being the southwest corner of said Ordinance 1986 -48 annexation tract; THENCE South a distance of 30 feet to a point in the south right -of -way line of Jim Christal Road; THENCE NCE west; along, the south right -of -way line of Jim Christal Road a distance of 475 feet to a. point for comer, said point being the intersection of the south right -of -way of Jim Chris,tal Road and the east right-of-way line of C. Wolfe Road; THENCE in a southerly direction, along courses and distances of the easterly implied right -of -way line of C. Wolfe Road, a total distance of 7,875 to a point for comer, said point being the intersection of the east right-of-way line of C. Wolfe Road and the north right -of -way line of Tom Cole Rom; THENCE East, along the north right -of -way line of Tom Cole Road a distance of 500 feet to a point for corner; THENCE South, crossing Tom Cole Road midway, a distance of 25 feet to the POINT OF BEGINNING and containing 1,152 acres of land. FYhihit R City of Denton, Texas PAM -1,158 Acres 7 RIM H w1ou Feet 0 boo 1,000 2,000 3,000 EXHIBIT "C -1" oAlegal \annexation 2014- 15 \paal \cottle, deborah jean & king, jon michael 173419 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 Deborah June Cottle and John Michael King ( "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 12.611 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887 and the Gibson Myers Survey, Abstract No. 843, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 29, 1997 from Andrew J. Strickland and wife, Terry L. Strickland to Deborah June Cottle and Jon Michael King, filed for record on June 2, 1997 and recorded in Instrument Number 97- R0036121 of the Real Property Records of Denton County, Texas. Said 12.611 acres of land, more or less, is commonly known as DCAD Property ID 173419. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ") for the term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of. retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch - related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of 2 this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to' the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part-, Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 4 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. . A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owl c .s Deborah June Cottl 5 J�za Iwilael Kmg THE CITY OF DENTON, TEXAS By. , City Manager, Deputy Ci Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of MELANIE NOWAK NOTARY PUBLIC STATE OF TEXAS 00 MY COMM. EXP. 8/8/18 THE STATE OF TEXAS of ry 't lic, Bute of Texas COUNTY OF DENTON } _This instrument was acknowledged before me on the l� da of P MELANIE NOWAK NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 8/8/18 THE STATE OF TEXAS COUNTY OF DENTON 0 ry 1 U I iC to of ] "exas This instrument was acknowledged before me on the day of ti 14, ley City Manager /Deputy City Manager /Designated THE STATE OF TEXAS COUNTY OF DENTON '-)/T% This inStRin m was acknowledged before rne,.on_ 0 day oA" by - <�Ily i�bejiuty City Manager/Designated a 11, 1"ex s. Represen la ive,-On beft, t,;c City of Denton, -' a �- My Com ission Expires December 19, 2018 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: of ry Pub i State of'Texas 7 After recordigg, return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT 66C -2" o: \legal \annexation 2014- 15 \paal \debaca, patrick & laura 179482 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 Patrick and Laura DeBaca ( "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 6.000 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 11, 2004 from Charles Howell and wife, Kami Howell to Patrick J. C De Baca and wife, Laura C De Baca, filed for record on May 28, 2004 and recorded in Instrument Number 2004 -70011 of the Real Property Records of Denton County, Texas. Said 6.000 acres of land, more or less, is commonly known as DCAD Property ID 179482. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "BTJ") for the term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch- related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the' use of the land for agricultural, wildlife management or forestry purposes and does not 2 prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § §17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part, Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 4 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies, This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners k .. , Patrick DeEac t 5 Laura DeBaca THE CITY OF DENTON, TEXAS By: City MaIlager, I eputy CityMandger, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the da. of 2014, by Patrick DeBaca. ANDREA CASTRO My Commission Expires December 13, 2015 ryflubl ic, State of Texas THE STATE OF TEXAS THE STATE OF TEXAS COUNTY OF DENTON I i n -w, s acki )WIC(Ige, 'before me day oi-/� inst This ' I -otl.. d Ila z r 11V.... Ma !!5Deputy City Manager esignate R "I t Ar&nton, Texas. Isentatf on h City This �I a of JENNIFER K, WALTERS xas Libli 'Mate Notary Public, State of Texas N ry PUblj State of Texas My C—ommission Expires December 19, 2018 on APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT "C -3" oAlegal \annexation 2014- 15 \paa1 \evans jr., henry I. 164577 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 Henry L. Evans, Jr. ( "Owners "), the property owners of the hereinafter described property (the "Property ") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties ": Being 5.433 acres of land, more or less, situated in the David Davis Survey, Abstract No. 356, Denton County, Texas, and being more fully described in that certain General Warranty Deed dated July 9, 1999 from Loe, Warren, Rosenfield, Kaitcher & Hibbs, P.C. to Henry L. Evans, Jr., filed for record on July 26, 1999 and recorded in Volume 4388, Page 22 of the Real Property Records of Denton County, Texas. Said 5.433 acres of land, more or less, is commonly known as DCAD Property ID 164577. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "BTJ ") for the term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch- related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not 2 prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within, Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (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. El Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall 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 Henry L T", s, Jr. THE CITY OF DENTON, TEXAS Y: City Manager, L e ay ll y City ager�, .:.. -. or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON THE STATE OF TEXAS COUNTY OF DENTON } This lnstr trr ! eat was erroPllgel' before r1� _ day ol, - ,'y city Mann el De pail: City Manager/Designated l el l °e;. s�1 ive, onJbeha - ...._ w_ a i i h' if of the City of Denton, Texas. w JENNIFER K. VdALTES Notary Public, State of Texas �+t�rput Pvly commission Expires Nc lic, � Otte of Ta— s December 19, 2019 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY G9 After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT 44C -4" oAlegal \annexation 2014- 15 \paal \gregory, charles & mary 173418 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 Charles and Mary Gregory ( "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 10.036 acres of land, more or less, situated in the Gibson Myers Survey, Abstract No. 843 and the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 4, 1994 from Eagle Farms, Inc. and John Porter Auto Sales, Inc. to Charles L. Gregory and wife, Mary R. Gregory, filed for record on May 11, 1994 and recorded in Instrument Number 94- R0038707 of the Real Property Records of Denton County, Texas. Said 10.036 acres of land, more or less, is commonly known as DCAD Property ID 173418. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "BTJ") for the term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch - related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing_ Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not 2 prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 4 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. OwIlers Charles Gregory 5 Mar C�r1� THE CITY OF DENTON, TEXAS BY .._ , City ,at age r„ Deputy City anager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 'day of 2014, by Charles Gregory. AYYYPYrdM L toa 'ao ya,oW;��, 9ejIdx3 uolsslwwoo Ayy « sexel ;o e3e1S 'ollgnd Aje10N NOW 'V 3NI1S121HD Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON } I_ This instrument was acknowledged before me on the �l�Say of �Oli�%''1 "�� 2014, by Mary Gregory. sop&3 umssluiwoD AVj i w sex 01, p 0 WIS .oPagrld AaetoN Iii "V IY USI H .;,r � 'a �r arrYAPr� Notary Public, State Of � exa THE STATE OF TEXAS COUNTY OF DENTON I � .. � Y This r�1±11 °a1 xc nt was 1c11 o�Y eclgccl before :a 'on the day ^ 1 .... r 1ty$1nt1gIclllty a.,tty Ma1�1�trlc,inatd t °est,rr t:ive,�on behalf of the C1ty of Denton, Texas. JENNIFER K. WALTERS } NoMar Public, State Commission f Texas o d Pulp . State � :.. _ e of Texas .......�.,�.mDecember 19, 2016 6 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY F-8 i, After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT 44C -5" c: \users\jack\appdata \local\ packages \microsoft.windowscommun icationsapps_8wekyb3d8bbwe\localstate\livecomm\16ec9432eda4a777\120712- 0049 \att\2000c5531estate of sue hall allen 537275 & 537276 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 The Estate of Sue Hall Allen, Deceased ( "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 10.00 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in Tract One of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Sue Hall Allen, filed for record on June 13, 2012 and recorded in Instrument Number 2012 -63255 of the Real Property Records of Denton County, Texas. Said 10.00 acre tract of land is commonly known as DCAD Property ID 53 72 75. Being 22.15 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Sue Hall Allen, filed for record on June 13, 2012 and recorded in Instrument Number 2012 -63255 of the Real Property Records of Denton County, Texas. Said 22.15 acre tract of land is commonly known as DCAD Property ID 537276. 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. I The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation 'of this Agreement. Such uses and activities' constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and §§ 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (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 voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. 5 Owners: Estate of Sue Hall Allen, Deceased THE CITY OF DENTON, TEXAS Y ...m. City M? ,,ut ger, Deputy City nager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This in tra inent ��,.s acknowledged before me on t e �'�� day of a. _ ....u» '� �X6U� olr of the Estate of Sue Hall Allen, by ._� ! ._m.._�.. �� .._ . .......� the (D0 Al?, y,° ., e*!' F 1 ,._—�� :' OF TEXAS COUNTY OF DENTON 'otar Public, State of y f Texas This instrument was acknowledged before me on the' ,_w day of , 2014 by the of the Estate of Sue Hall Allen, Deceased. Notary Public, State of Texas on THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the day of „ 2014, by _ mm the of the Estate of Sue Hall Allen, Deceased. Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the day of e_mm � ..................m, . 2014, by _ m � the of the Estate of Sue Hall Allen, Deceased. Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This ittwtru ent was , .cicn wl eNged before me tt tN a . day of U , X06 by .',bty mana ec e putt City ltepresetrt rave, on behalf ofthe City of Denton, Texas. - ° t t ryas my Commission Expires N l r nY 1?u1 ., State Of Texas d " " December 19, 2016 7 �..� T._ Notary Public, State � 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY y.1µ. ..�. �....�.m w.,.,.w,.W. After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT 44C -6" sAlegakour documents\iniscel I aneO LIS\ Wn a a extensionsMia I I jack& cynthi a 651278 non - annexation agreement extensi oil. doc 1 U�Uzn *1141 �NDIIWI =130F�U" ti 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 Jack B. & Cynthia A. Hall ("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": A 3.13 acre tract of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in that Special Warranty Deed dated March 29, 2014, from Thomas Kent Hall to Jack Buchanan Hall and Cynthia Ann Hall filed for record on September 22, 2014 and recorded in Instrument Number 2014-96406 of the Real Property Records of Denton County, Texas. Said 3.13 acre tract of land is commonly known as DCAD Property ID 651278 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; 4 9 WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ("ETF) for the term of this updated 2014 non-annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement"), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and 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 9 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; W (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 F ect. 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. Agreeni ni Deemed Void in 1 &art .. c l ltt�ia 1 �dro air a�, (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. 11 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 , A reement together g g with any other provisions, as may be necessary for the implementation of those sections. OW11ICKS IJ.. Jc} 11 Hall Cyntli'a A. Hall THE CITY OFD TEXAS City�Manag I-, Deputy City , anager, or Designated Representative This instrument was aukoovv\cducd before noo on the day of 20l5,hv Jack 8.Hall. / otary os Notary Public, State ol"I"exas This instrument was acknowledged before noc on the day of 2015, by Cynthia A. Hall. CHRISTINE A. DICK 17"! Notary Public, State of Texas My Commission Expires March 02, 2017 Notary Public, State of Texas This insla ncnt was acl�nmv �dgcld before aie q1,1-the-k 0-1-K--o day t'iFm k" I ty I'll Deputy City �-" 4), V, KeInesentftive, on behall 61 we City 'of Denton, Texas. Notary Public, State of Texas "slon Expires. My Commission Expires- JENNIFER K. W�LTEk' Lh 'a exas December 19, 2018 6 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY, 0 aue"ll 7 After recordiniz return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT "C -7" oAlegal \annexation 2014- 15 \paal \hall, iii, william t. 64432 non - annexation agreement extension.doc CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON- ANNEXATION EXTENSION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City ") and William T. Hall, III ( "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 5.000 acres of land, more or less, situated in the Samuel C. Wright Survey, Abstract No. 1366, Denton County, Texas, and being more fully described in that certain Warranty Deed from William T. Hall, Jr. and wife, Dorothy Rose Hall to William T. Hall, III and wife, Cynthia J. Hall, filed for record on February 16, 1977 and recorded in Volume 822, Page 729 of the Real Property Records of Denton County, Texas. Said 5.000 acres of land, more or less, is commonly known as DCAD Property ID 64432. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ ") for the term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch- related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the 1-and for agricultural, wildlife management or forestry purposes and does not 1) prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during saach period if such application or plane is intconsistent with the l evelopnient Plan. The Owners expressly waive any vested rights that 111ig nt otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 4 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice ' shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners William T. Hall, III 5 THE CITY OF DENTON, TEXAS City Manager, Deputy City Ma.11ager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �_ day ofN „dVeh'l 2014, by William T. Hall, III. MAR CIA µKeR�bYI (Tee E��.��Npp {{� yyf 11��N�� CCtWN 'Wi ,lOLY 6, 2018 THE STATE OF TEXAS State o�xa�� Notary Public, s COUNTY OF DENTON } This in uIne t was ack uowled ,,ecl before me �.��aP�hr _ day of , ” , nag- [Deputy C ity Manager /Designated Represert�iv , on beluN6f t1,e Cr of Denton, Texas. . rt M� City T s. f � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY I: •. � j gym. N I rt °y l rat A ; State I' � exas 2 After recording return to: Jennifer Walters City Secretary 215 E. McKinney Dentbn, TX 76201 EXHIBIT "V -8" c:\ users\ jack \appdata\ local\ packages\ microsoft. windowscommunicationsapps _8wekyb3d8bbwe \localstate \l ivecomm\ 16ec9432eda4a777\120712- 0049\att\2000c553 \hall, charles m. 537281 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 Charles M. Hall ( "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 19.43 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Charles M. Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012 -63258 of the Real Property Records of Denton County, Texas. Said 19.43 acre tract of land is commonly known as DCAD Property ID 537281. 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 Govermment 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; F�T:I WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ") for the term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch - related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not 2 prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; C. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 —457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the. Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 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 . Hall 5 THE CITY OF DENTON, TEXAS Y as a°, De ..w. Cit a P Y Y...ut Cit or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the " -N 14, by Charles M. Hall. IC �I , 1 mRAYBURN ao & PUBLIC or 0comm. xasa .22 THE STATE OF TEXAS -a .......�., _ day of 4 COUNTY OF DENTON } This rnstmn nt was as knowle . ed before r tl y by e w � day crl' �� t�°�� s . C rt „ M ana l�r )elaaaly City Man ager/Design�ated Re ra,:,�.rtt av , on behalf o�t lae City of Denton, Texas. Notary Publi�c,S y Test of Txas e JENNIFER W LTERS fly Commission Lx�ir� y �:aLab1 � State of "I °ex :as December 14, 2018 w r a iroxz" APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 0 After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT 44C -9" c:\ users \jack\appdata\ local\ packages \microsoft.windowscommun icationsapps_8wekyb3d8bbwe\1oca1state\1ivecomm\16ec9432eda4a777\120712- 0049 \att\2000c553\ha11, william t. 537280 non - annexation agreement extension.doc CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON - ANNEXATION EXTENSION AGREEMENT ' This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City ") and William T. Hall, III ( "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 16.47 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to William T. Hall, III, filed for record on June 13, 2012 and recorded in Instrument Number 2012 -63257 of the Real Property Records of Denton County, Texas. Said 16.47 acre tract of land is commonly known as DCAD Property ID 537280. 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. C ontinuation 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 (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. L, 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 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas, Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners William T. Hall, III 5 THE CITY OF DENTON, TEXAS By City mair Designated Representative THE STATE OF TEXAS COUNTY OF DENTON I This instrument was acknowledged before me on the I day ofDecem b-u- 2014, by William T. Hall, 111. - MI H MARG�IA KRISTEN GRAHAM w. x COMMISSION 10 N EXPIRES S My COMMISSION EXPIRES JULY 8 01 U LY 6, 2018 Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON cknowledged before inp 4-�,by This stnitiew, was day of ity Ma7nag uty City Manag6r/Dcsignated A b I C, U Represen;IV(-i�ve, on belialf of t he City of Denton, 'I"exas. JENNIFER K. W ALTERS Notary Public, Stale of lexas MY Commission Expires 0 r y December 19, 2018 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 18%w After recording return to: If Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 2 EA w IT "C-10" c:\ users \cyn \appdata \local \microsoft \windows \temporary internet fi1es \content.ie5 \1z80onm5\ha11, thomas kent 537287 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 Thomas Kent Hall ( "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 8.50 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Thomas Kent Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012 -63260 of the Real Property Records of Denton County, Texas. Said 8.50 acre tract of land is commonly known as DCAD Property ID 53 728 7; Being 8.16 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract One of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Thomas Kent Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012 -63260 of the Real Property Records of Denton County, Texas. Said 8.16 acre tract of land is commonly known as DCAD Property ID 64425; and Being 13.43 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in Tract Three of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Thomas Kent Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012 -63260 of the Real Property Records of Denton County, Texas. SAVE AND EXCEPT a 3.13 acre tract of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in that Special Warranty Deed dated March 29, 2014, from Thomas Kent Hall to Jack Buchanan Hall and Cynthia Ann Hall, filed for record on September 22, 2014 and recorded in Instrument Number 2014 -96406 of the Real Property Records of Denton County, Texas. Said 3.13 acre tract of land is commonly known as DCAD Property ID 651278. Leaving a called 10.3 acre tract of land commonly known as DCAD Property ID 36641. 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 2 WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch- related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; 3 C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development 4 application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Sev_erabili . Invalidation of any provision of this Agreement by judgment or court order shall not minvalidate 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. 5 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 Thomas Kent Hall THE CITY OF DENTON, TEXAS Y: ..0 . Ci ty Manager, )eputy City Mana ge. r, or . Designated Representative THE STATE OF TEXAS } COUNTY OF DENTON } C This instrument was acknowledged before me on the X?�ay of 2014, by Thomas Kent Hall. AAA &AA *A A4N6AAAAAA & AMANDA N. GALLEGOS � �a ry qa, - Nota Public STATE OF TEXAS "'Notary Public, State of Texas Mai COMM. Exp, 03 -23 -2016 THE STATE E O l' , AS COUNTY OF DENTON } This imistru i:'E�k as acknowled� � before �mn soar h.� Y �� 4,)y .....:... �eee,� y 1<i��age lciity .ity Cfiamiageil.csmgm�wlc cr semitsitmv on bclim l l of the w, it of Denton, Texas. t, r JENNIFER K WALrERS ... - Notary Public, Stag. of Texas r 5i My Commission Expires N tai 1 ubN lc, S,i:te of Texas December 19, 2018 _...w� 6 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY IC After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 E m IT 46C-IF" c:\ users \jack\appdataUocal \microsoft\ windows \inetcache \ie \o6hrlojx\hall, jack b & cynthia arm 537279 non - annexation agreement extension (1).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 Jack Buchanan Hall and Cynthia Ann Hall ( "Owners "), the property owners of the hereinafter described property (the "Property ") in Denton County, Texas, sometimes individually or collectively referred to as "Parry" or "Parties ": Being 13.41 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in that Special Warranty Deed dated September 12, 2014, from William T. Hall, III to Jack Buchanan Hall and Cynthia Ann Hall, filed for record on September 22, 2014 and recorded in Instrument Number 2014- 96407 of the Real Property Records of Denton County, Texas. Said 13.41 acre tract of land is commonly known as DCAD Property ID 53 72 79. 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 ETJITIT 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 4 prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this.Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 11 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Conies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this , A reement together g ogether with any other provisions, as may be necessary for the implementation of those sections. Owners _.,J'kk Buchanan Hall 5 �t ...��_ " ......._.... Cyt it Ann Hall THE CITY OF DENTON, TEXAS y _ City Ma age , Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the ' day of 2014, by Jack Buchanan Hall. " DANIELLE HAYS "ry Pubft. State afTem My Commission Exp.11 «2t21N18 �6A, ir Pu1� 9 i c 1 �1te..... 1 _... y of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the _ day of DT_P, 2014, by Cynthia Ann Hall. DANIELLE HAYS Notary Public, State of Texas My Commission Exp. 11-2D-2018 THE STATE OF TEXAS NZo t. Public, State of � y COUNTY OF DENTON } This mt1s1 �ate "was sel1 rletl=tl before ttte.at t�tcm day of 4y m Ma cr /l)epttty City Manager /Designated ate �rc;�t�iltal t , on be��ltt�`C" of Ills City of Denton, 1`e�t�: ' �1 -y Put lift, State of Texas 6 JENNIFER w WALTERS Notary Public, State of Texas My Commission Expires December 19, 2018 R�cP PIBXµ��"yM ' �1 -y Put lift, State of Texas 6 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: )--,9 f After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT 6 C -12" c: \users \jack \appd ata \local\ packages \microsoft.w i ndowscommun icationsapps_8wekyb3 d8bbwe \I ocalstate \I ivecomm\ 16ec9432eda4a777\120712- 0049 \att\2000c553 \hall, jack & cynthia 537282 & 537283 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 Jack B. Hall and Cynthia Ann Hall ( "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 10.00 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in that Special Warranty Deed dated December 12, 2012, from Charles M. Hall to Jack B. Hall and Cynthia Ann Hall, filed for record on December 14, 2012 and recorded in Instrument Number 2012 - 141975 of the Real Property Records of Denton County, Texas. Said 10.00 acre tract of land is commonly known as DCAD Property ID 537282 and DCAD Property ID 537283. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ") for the term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation '_ of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch - related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not 2 prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 4 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Tenn 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 J .Hall 5 Cyn iia Ann Hall THE CITY OF DENTON, TEXAS By _ City Haag Manager, y � g , � Deputy City ...._or�_�..�... Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of Uece*Yl� , 2014, by Jack B. Hall. ANGELA RICHMOND Notary Public, State of Texas �* My Commission Expires &1 9-2017 No ta mITm W W ry l�! i a., State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 1 day of. gx , 2014, by Cynthia Ann Hall. ANGELA . RICHMOND Notary Public, State of Texas , d,,, My Commission Expires 8_19_ 20 P�otary lic, State of Texas THE STATE OF TEXAS COUNTY OF DENTON } �ovvlecl, g :al before me ort tl e " � day of ' 4 �This �aasia a gat vas a l r� tY Manage Deputy City Manager/ Designated Relmaesentaat..i *, on behalf of the Mityy of Denton, Texas. . Notary JENNIFER K VJP,LTERS _ y blre State of Texas' .a My Commission Expires a December 19, 2018 &oaq l aabl c, State of Texas ']rrlNa'^�n�r7 up4.rmAN'nn ,M 4prvuWq APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT 46C -13" c:\ users\ jack \appdata\ local\ packages \microsoft.win dowscommunicationsapps _8wekyb3d8bbwe \localstate \l ivecomm\16ec9432eda4a777\120712- 0049 \att\2000c553\hal1, jack 537286, 537285, 155005 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 Jack B. Hall ( "Owners "), the property owners of the herein'After described property (the "Property ") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties ": Being 10.14 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract One of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Jack B. Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012 -63259 of the Real Property Records of Denton County, Texas. Said 10.14 acre tract of land is commonly known as DCAD Property ID 537286; and Being 18.25 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Jack B. Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012 -63259 of the Real Property Records of Denton County, Texas. Said 18.25 acre tract of land is commonly known as DCAD Property ID 537285 and DCAD Property ID 155005. 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: Cont of ETJ Status. The City guarantees the continuation of the Section 1. Conmmmmmmm mm m . extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch - related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into 2 parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation , of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; 3 (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during 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 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 Conies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. 5 wq rs r B. Hall THE CITY OF DENTON, TEXAS a By:_ W 79 11 Manager, o ty City _ M anag mer, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the � day of 2014, by Jack B. Hall. (IN" ANGELA RICHMOND Notary Public, State of Texas r � My Commission Expires 8 -19 =2017 Notary blic, State of Texas THE STATE OF TEXAS COUNTY OF DENTON �w� This tl trt.tl ent waAawknjow ed ged before me K . title day of- �' ay t l�v'l'1m1 c ,, y g r�`tel)tsty City Mlarfager oesi,,nated Ke resetr vine, on behalf of the City of Denton, Texas. " APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY raw r 'M + N �1 � � 1 ublt TM, St ate of Texas C� G +,' JENNIFER K. WALTERS Notary Public, State of Texas My Commission Extrires i Decemt:)er 19, 20I 0 After recordinLy return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT "C -14" oAlegal \annexation 2014- 15 \paal\hall, jack 64431 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 Jack Hall (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 5.000 acres of land, more or less, situated in the Samuel C. Wright Survey, Abstract No. 1366, Denton County, Texas, and being more fully described in that certain Warranty Deed dated April 24, 1975 from W.T. Hall, Jr. and wife, Dorothy R. Hall to Jack B. Hall and Cynthia A. Hall, filed for record on April 30, 1975 and recorded in Volume 743, Page 92 of the Real Property Records of Denton County, Texas. Said 5.000 acres of land, more or less, is commonly known as DCAD Property ID 64431. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "BTJ ") for the term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch- related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes• and does not PA prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part, Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 4 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. O w ors �.. J hall 5 THE CITY OF DENTON, TEXAS By: � _. Cit y ana er, Deputy Ci y Mana g er, . or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the � day of TL)CCP Wr 6t X , 2014, by Jack Hall. M:ANGELA RICHMOND otary Public, State of Texas ommission Expires B- 19 -20t7 THE STATE OF TEXAS COUNTY OF DENTON I l(i,. At" ary blicT State of Texas Kepre APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: r66i day of .... ; 201 ,y taty City Marja cr /Design ated TM o ry Pub %t: State of Texas After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 JENNIFER K, * APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: r66i day of .... ; 201 ,y taty City Marja cr /Design ated TM o ry Pub %t: State of Texas After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT 66C -15" c:\ users\ jack \appdata \local\ packages\ microsoft. windowscommunicationsapps _8wekyb3 d8bbwe \localstate\livecomm \I 6ec9432eda4a777\120712- 0049 \att\2000c553\ha11, jan 537277 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 Jan Hall ( "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 54.87 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Jan Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012 -63256 of the Real Property Records of Denton County, Texas. Said 54.87 acre tract of land is commonly known as DCAD Property ID 537277; and Being 8.20 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in Tract One of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Jan Hall, filed for. record on June 13, 2012 and recorded in Instrument Number 2012 -63256 of the Real Property Records of Denton County, Texas. Said 8.20 acre tract of land is commonly known as DCAD Property ID 53 72 78. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ ") for the term of this updated 2014 non - annexation extension' agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ,ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch - related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into 2 parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § §17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; 3 (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during 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 M 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 ofSale. 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. Recordinjz. 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 , A reement g together with any other provisions, as may be necessary for the implementation of those sections. ±7 Owners. { 1A, ..w w.a Av Jan Hall THE CITY OF DENTON, TEXAS By: � City Manage , Deputy City Mata er � or ...... Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the ��_ day of 2014, by Jan Hall. THE STATE OF TEXAS Notary Public Side 6f.' 6,as . CORTNEY LEE JONES MY COMMISSION EXPIRES COUNTY OF DENTON } September 12, 2016 " x)10/ � ged before nip — the _ day of This 1rastrirl cast was , °i krto�wl) �',�""��„�,,, m e�armm�I �-.� � City of Denton, T�,x �,lty �I��ii�agc�h��.p'��t,"� City Manager/Designated � sc�a tivc on behalf o the Ci " " "' n ^ JEfvtNIFER K. WA,LTERS % ^* Notary Public, State of Texas � My Commission Expires ��. 4�uY , 2018 Nat at y I��lli ,, State o F" l exas "e a December 14 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 3 After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT "C -16" oAlegal \annexation 2014 -15 \paal\hurst, joey & daphne 173429 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 Joey and Daphne Hurst ( "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 30.000 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 3, 1994 from Eagle Farms, Inc., and John Porter Auto Sales, Inc. to Joey Hurst and Daphne Hurst, filed for record on May 5, 1994 and recorded in Instrument Number 94- R0036941 of the Real Property Records of Denton County, Texas. Said 30.000 acres of land, more or less, is commonly known as DCAD Property ID 173429. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ") for the term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon. the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and , WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch - related uses and customary accessory uses, and single - family detached farm or ranch dwellings,. provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not 2 prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 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. Develo prl r q tIT Plan to 1kenipi -n Ln Ll` 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 applications or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that inight otherwise arise under local or state law, or by common law, from the snIl)Mittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part-, Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 4 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser. or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners Joet� 1 5 Daphne Hurst THE CITY OF DENTON, TEXAS w, City Mi, ag r, Deputy City a raga, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON . .:.6......,.�. , ...... This instrument was acknowledged before me on the da y of 2014, by Joey Hurst. My HARLEN COMMISSION May 12' 2015 Notary Public, State of�xas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the I� day of m r• '" 2014, by Daphne Hurst. CHARLENESPRABARY " MY COMMISSION EXPIRES n May 12, 2015 THE STATE OF TEXAS COUNTY OF DENTON � I r Notary Public, State °��ri eras This itistl-u171 Ulf: was a knovyl�,dgcd before I c n tl day of E x '0"1.4 by l It %larr�ge CJ��pu1y City Manager /Designated 1lrtesctta v, on behalf of ie City of Denton, Texas -- JENNIFER K WALTERS Notary Public, Stale of Texas l My Commission Expires C?t 1r "y Pub 1 � State Of Texas December 19, 2018 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT "C -17" oAlegal \annexation 2014 -15 \paal\hurst, joey & daphne 173015 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 Joey and Daphne Hurst ( "Owners "), the property owners of the hereinafter described property (the "Property ") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties ": Being Lot 1, Block A, Williamson Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet L, Slide 278 of the Plat Records of Denton County, Texas, and conveyed in that certain Warranty Deed with Vendor's Lien dated March 3, 1999 from Jeffrey R. Goff and Mary Amanda Goff to Joey Wayne Hurst a/k/a Joey Hurst and Daphne D. Hurst, filed for record on March 4, 1999 and recorded in Volume 4289, Page 2139 of the Real Property Records of Denton County, Texas. Said Lot 1, Block A, Williamson Estates is commonly known as DCAD Property ID 17301 S. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ") for the term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch - related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of 2 this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 'Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part-, Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 4 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of. the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners Jcsey'al 5 Dallate iitaa °st. THE CITY OF DENTON, TEXAS Ely City �ir�a a �a °, Deputy � " C� �.�. y M ity Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day 2014, by Joey Hurst. CHARLENE SPRABARY * " MY COMMISSION EXPIRES p , 'r May 12, 2016 es 6tZNotary Public, State of IAe�K THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 2014, by Daphne Hurst. CHARLENESPRABMMY MY COMMISSION EXPIRES May 12, 2016 a m �miy THE STATE OF TEXAS Notary Public, State otw "l "c �s COUNTY OF DENTON } °"*1 This inst` it ea t�was ackr vulc d before the t he day of a y ��.._... ity Matnargca' Deputy C�it;y Manager/Designated Represcnt�e, on behalf of the City of Denton, .� ,. i ki W+ " Notary Public, State of Texas JENNIFER K. VdAITERS My Commission Expires „epj December 19, 2018 N tit 'y I ubliq ate of 'l "exas APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Na After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT "C -18" oAlegal \annexation 2014- 15 \paal \pockrus, lany & ladonna 179483 non - annexation agreement extension.doc CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE . NON - ANNEXATION EXTENSION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City ") and Larry and Ladonna Pockrus ( "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 12.456 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described as Tract I in that certain Warranty Deed with Vendor's Lien dated January 2, 1998 from John Porter Farms, Inc. to Larry Pockrus and Ladonna Pockrus, filed for record on January 7, 1998 and recorded in Volume 4004, Page 942 of the Real Property Records of Denton County, Texas. Said 12.456 acres of land, more or less, is commonly known as DCAD Property ID 179483. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ ") for the term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein;. and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City-and the Owners and their, respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch- related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not V, prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § §17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Pl,ap to Reniain_7n..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 developnieni 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 su.bniittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part, Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. :l Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. 'Ternn and f,wension. 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 Ag;recn ent 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 Bye City M raa , r, Deputy City anager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON } This instrument was acknowledged before me on the Al.— day of 2014, by Larry Pockrus. BONNIE L NERF MY COMMISSION EXPIRES March 4,2019 Public, pry s THE STATE OF TEXAS COUNTY OF DENTON } This instrument was acknowledged before me on the W day of 2014, by Ladonna Pockrus. EL BONNIE L NERF MY COMMISSION EXPIRES .,° March 4, 2018 r, 01 glary Public, . x ...... THE STATE OF TEXAS COUNTY OF DENTON } i It This 11stra�atTa �rTt� was ac'eawleel eel before ��r�e �.... day of w �y M _ ity 1 1 at7� cr /C c 1ela c t7t ; ' �)tjty City MairiageriDesignated e ive JENNIFER K. a VUALTERS Notary Public, Stag of Texas '•. My commission Expires oft °y Pull. c State o Texas December 19, 2018 6 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY EXHIBIT "C -19" oAlegal \annexation 2014- 15 \paal \pritchard, michael 168338 & 168336 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 Michael P. and Tammy D. Pritchard ( "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 25.00 acres of land, more or less, situated in the Gibson Myers Survey, Abstract No. 843 and the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed dated February 18, 1997 from Mark Gardner and wife, Marilyn Gardner to Michael P. Pritchard and wife, Tammy D. Pritchard, filed for record on February 19, 1997 and recorded in Instrument Number 97- R0010658 of the Real Property Records of Denton County, Texas. Said 25.00 acres of land, more or less, is commonly known as DCAD Property ID 168338 and DCAD Property ID 168336, respectively. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Govermnent Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ ") for the term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch- related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may. hereafter be amended from time to time during the term of 2 this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part, Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 2 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. Owri ers . t -hael l' itcbard" E Owners � m ..� Tammy Pr ke ;hrird � THE CITY OF DENTON, TEXAS B............� C ty. _ Deputy p y t.. atece City agr or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 2014, by Michael Pritchard. ( I Texas EXPO'S AV COr bOf 22, THE STATE OF TEXAS COUNTY OF DENTON I�Ldqyof This instrument was acknowledged before me on the 20149 by Tammy Pritchard. OEN ptwtd8"te 0i hs Tw"wY 4:)fi(IjissYoi) Explves 22 � 2016 day of M THE STATE OF TEXAS COUNTY OF DENTON g .�1 y�° This instra�� ie t was e i, 41 lei ed before mew l6 � . day . _ _ . � 1 1 rragerl Clnit��y City , � _ y ty Manager /Designated licep went , on behalf of the City of 9 cn[oii, Texas. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY i • 7 k t ry llub i State of Texas After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 ItwyPut 4Ac,,, c 4M1,('g Maus APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY i • 7 k t ry llub i State of Texas After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT 64C -20" oAlegal\annexation 2014- 15 \paa1\pockrus, lany & ladonna 17343 non - annexation agreement extension.doc CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON - ANNEXATION EXTENSION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City ") and Larry and Ladonna Pockrus ( "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 5.227 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated August 10, 1994 from Eagle Farms Inc. and John Porter Auto Sales, Inc. to Larry Pockrus and wife, Ladonna Pockrus, filed for record on September 9, 1994 and recorded in Instrument Number 94- R0069728 of the Real Property Records of Denton County, Texas. Said 5.227 acres of land, more or less, is commonly known as DCAD Property ID 174343. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "BTJ") for the term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of „ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch - related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not 2 prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. 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. al 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. Ladbnna Pockri, , THE CITY OF DENTON, TEXAS By: City M<nagcr, Deputy City ea, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the VI day of 2014, by Larry Pockrus. BONNIE L. NERF 'I MY COMMISSION EXPIRES M7 March 4, 2018 Notary ublic, State of exa . y s THE STATE OF TEXAS COUNTY OF DENTON } This instrument was acknowledged before me on the day of..��' , 2014, by Ladonna Pockrus. r BONNIE L. NERF MY COMMISSION EXPIRES 'f,.w March 4, 2018 Y Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON } =eel before inc- � _ OIL . .. _ day o.f , �y �.;ti 1�rn�ger cl�trty, City Manager /Designated mc� This pr� u�� as ac � �to� cl'.m ....., my'"� 1��,Il� e, on behalf oI e City of Denton, Texas. fIN o .pry 11111)] c., State of Texas n APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Im m After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT 44C -21" oAlegal \annexation 2014- 15 \paal \pockrus, larry & ladonna 174342 non - annexation agreement extension.doc CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON - ANNEXATION EXTENSION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City ") and Larry and Ladonna Pockrus ( "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 7.268 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated August 10, 1994 from Eagle Farms Inc. and John Porter Auto Sales, Inc. to Larry Pockrus and wife, Ladonna Pockrus, filed for record on September 8, 1994 and recorded in Instrument Number 94- R0069727 of the Real Property Records of Denton County, Texas. Said 7.268 acres of land, more or less, is commonly known as DCAD Property ID 174342. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ ") for the term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch- related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing_Reaulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not 2 prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141— 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 4 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. /7 5 �l� cicar9tta 1'�ekrus ^ 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 of _ 2014, by Larry Pockrus. BONNIE L. NERF MY COMMISSION EXPIRES 'wrr,l ,: March 4, 2018 Noc Public, State o ex, is THE STATE OF TEXAS COUNTY OF DENTON } This instrument was acknowledged before me on the day of 2014, by Ladonna Pockrus. BONNIE L. NERF MY COMMISSION EXPIRES - '� March 4, 2018 ary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON } y � �Iy �n rtun t was ac i0w ged before ni �tr4h ha�tage IDel d C M ... This .. ._ ,,... y City tanager /Designated Repro septa ive, on behalf of the City of Denton, Texas. ,.� r . i .rt :ry Pubt e, State of Texas 6' APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY QlA EXHIBIT 46C -22" oAlegal \annexation 2014- 15 \paaI \putnam, Bruce & donna revocable living trust 174339 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 Bruce and Donna Putnam Revocable Living 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 10.00 acres of land, more or less, situated in the Gibson Myers Survey, Abstract No. 843 and the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 10, 1994 from Eagle Farms, Inc. and John Porter Auto Sales, Inc. to Bruce Putnam and wife, Donna Putnam, filed for record on 1'v1:ay 17, 1994 and recorded in Instrument Number 94- R0040313 of the Real Property Records of l)e1ito.n County, Texas. Said 10.000 acres of land, more or less, is coninionly known as DCAD Property ID 174339. 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, arid Owjlers accepted, a non- anliexatioll development agreement colitemplated by that section (hereinafter, the "2010 NAA "), ill lieu of the City's annexation in 2010 of all land in the Annexation. Area not otherwise excluded by operation oftlaat statrltory prevision; 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 rennairl in the City's extraterritorial jurisdiction ( "ETJ ") for the term of this updated 2014 non- arnnexatiori 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 t.lais Agreement alid any extensions ,agreed to by the Parties shall be limited to farm- related and ranch - related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single- family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may. hereafter be amended from time to time during the term of 2 this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable. Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; L 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 LTC, as amended, the Denton Drainage Criteria Manual, as amended, and as stippl�enaen cd. 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. c_ el to a1 tnt 1'l z'a to....T��nlain i -n 1'. t. Following expiration or termination of this Agreement for any reason, the. Development 1'laaa 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, wbiclaever first occurs. The Parties covenant and agree that the City may deny any developMcnt application or plaaa of development that is subnaatted to tic City for the Property during such period if such application or plan is inconsistent with the Development Plata, Tlae Owners expressly waive any vested rights that might other -wise arise under local or state law, or by conanaon law, from the s`ubiniltal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of . the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 4 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners Bruce and Donna Putnam Revocable Living Trt s' E By:m THE CITY OF DENTON, TEXAS By C I � zai z 1, et', Deputy " ity Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON Itis instrujil Pd 1: was acknowledged before me on day of of the Bruce and Donjia -lutnam Revocable 2014, b inz) � -al Living Trust. Md"10410=1010': Nil WATER PUBLIC NOTARY PUBLIC STATE 0 F TEXAS 1P STATE OF TEXAS Notary Public, State of Texas NNW �0 I M XP11 0, -�n MY CO IMi. EXR 1121 17 THE STATE OF TEXAS COUNTY OF DENTON "1" is in strundicnq,, was acknowledged before me on the A— day of,iku'WA—' Bruce and Donna Putnam Revocable 2014, by , , I _'jdjyj, --� of the Living Trust. ND jT—J-17— jBR I WA ER R77 qqj'l NOTARY PUBLIC STATE OF TEXAS M X My COMM. EXIT 11 21� 1 Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON } 4b b llai �nstrt� rte t wasa�,`owllle+ before yew the~ day of _ Y W - � � rty Mana ,(, - rDel)uty City mana rlDesignated e p , behalf of t ie City of 1��, r�„setttati on 'ty Denton, Texas. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r2.. /Ll N(t iaq Publ, e, State of Texas 7 After recordiniz return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 J Notary Public Slate of IPXCI5 Cony Corn, nip fig Expires Deremk)er 69 2016 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r2.. /Ll N(t iaq Publ, e, State of Texas 7 After recordiniz return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT 46C -23" oAlegal \annexation 2014- 15 \paal \werner, john d 174341 non - annexation agreement extension.doc CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON - ANNEXATION EXTENSION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City ") and John Douglas Werner ( "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 6.266 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated August 5, 1994 from Eagle Farms Inc. and John Porter Auto Sales, Inc. to John Werner and wife, Tamera Werner, filed for record on September 8, 1994 and recorded in Instrument Number 94- R0069725 of the Real Property Records of Denton County, Texas. Said 6.266 acres of land, more or less, is commonly known as DCAD Property ID 174341. 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 o l*ers to allow the Property to rcnlaila iia the City's extraterritorial jurisdiction ( "ETJ ") for the terni of this updated 2014 . aaoti- aniiexatioii exterasiota agreement (herelialal'lel, the "2014 NAA" or "Agreci,nent "), 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 stud any extensions agreed to by the Parties shall be Limited to farm- related acid rancli- relatccl uses and customary accessory uses, and single - family detached farm or ranch dwellitags, 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, GoyemiJ_ LI lgIItl tautt mm "1'lie following City regulations sliall apply to ally development of the Property, as may here-after be amended from tit°ne to time during tlae term of this Agreement„ provided that tine application of such regulations does not re.sa It ill inter l "erence with the use of the land for agricultural, wildlife tnanagenient or forestry purposes and does not i prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and §§ 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. A recni nt m Deepiqd oicl in Paij oltuil air Aa� . in at on, (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 4 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Conies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owl .wI °s '`wJohn l� Werner THE CITY OF DENTON, TEXAS B City Ma1rar, Deputy C...._ i y l i"' atiager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the _ .._ day of .... 2014, by John D. Werner. DAWN ELIZABETH GIERMANN yWmm My Commission Expires a �1tCState ofas .. September 27, 2016 Notm ry , THE STATE OF TEXAS COUNTY OF DENTON } This firs aline t was aci�aa vledg before t day o1 -2 �by .�. ity` Manager" elaut City Manager/Designated I�elsr'eseaat;��'ve, on behalfol tla- Caty of Denton, Texas. Notary APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY A . N . a: °y Publi,w Sta te of °Texas z 1 A r _ After recording return to: Jennifer Walters �...... City Secretary 215 E. McKinney Denton, TX 76201 T JENNIF ER K w 9c�t�LTERS of a,9 My Commission Expires December 19 2018 �� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY A . N . a: °y Publi,w Sta te of °Texas z 1 A r _ After recording return to: Jennifer Walters �...... City Secretary 215 E. McKinney Denton, TX 76201 T EXHIBIT 66C -24" oAlegal \annexation 2014- 15 \paal \werner, john d. 36694 non - annexation agreement extension.doc CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON - ANNEXATION EXTENSION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City ") and John Douglas Werner ( "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 1.843 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Cash Warranty Deed dated January 2, 1998 from Delbert H. Wiley and Ruth A. Wiley to John D. Werner and Tamera L. Werner, filed for record on January 5, 1998 and recorded in Volume 4002, Page 1353 of the Real Property Records of Denton County, Texas.- Said 1.843 acres of land, more or less, is commonly known as DCAD Property ID 36694. 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 reniaiii in the City's extraterritorial jurisdiction ( "ETJ") for the terin of this tipdated 2014 . non -ann.e atioii extension agreement (hereinafter, the "2014 NAA" or "Agreement "), wllicli supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch - related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing_ Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § §17 -141 —210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 4 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy, of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owers Johi Douglas W..., _... . erner 5 THE CITY OF DENTON, TEXAS B. City ana er, Deputy City ana e:r, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the o2 day of 10()&,-M ._ EIZ 2014, by John D. Werner. DAWN EUZUETM GIERMANN My Commission Expires Sepkmber 27, 2016' THE STA °1. °E OF Notary Public, State of Texas COUNTY OF DENTON } This Ltr wa.. ackno ledged before day of r _ _, Y d )jIt Ci ty Manager/Designate R�-esen' ive , on behalf of the Ci ty of Dento n, Texas. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY . o Ty PUbli , tai of Texas Co After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT 64C -25" oAlegal \annexation 2014- 15 \paal \wiley, tamara s. 170983 & 170981 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 Tamara Sue Wiley ( "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 15.00 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887 and the Gibson Myers Survey, Abstract No. 843, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated November 11, 1993 from Eagle Farms, Inc. to Gary Wiley and wife, Tamara Wiley, filed for record on November 24, 1993 and recorded in Instrument Number 93- R0085412 of the Real Property Records of Denton County, Texas. Said 15.00 acres of land, more or less, is commonly known as DCAD Property ID 170983 and DCAD Property ID 170981, respectively. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby oilers to allow the Property to rernaln in 'tlie City's extraterritorial jurisdiction ( "ETJ ") for the term of this updwed 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Ag °eenient "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch - related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of 2 this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29; and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; . (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part-, Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 4 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners cam- - Tamara S. Wiley° 5 THE CITY OF DENTON, TEXAS By: Z'6c�1�3 Cit ManC ity Mana Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the a .......,_ day of 2014, by Tamara S. Wiley. AYL E �. I AYLEIGH CHRISTINE MO'"ROYJ � T My C,can')Musstion f1d� l7` kry .. � � s ota blic Naverra�ser ® , � �: to of 1 es:��s THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 2014, by �......... ._• THE STATE OF TEXAS COUNTY OF DENTON This 111VI lt1 it, was ack iovvled )'d bet, I t ti~re, on behalf of "tlte C "lty of i enton, Notary Public, State of Texas Jul eo�r the - day of +4, by City Managet 'De my City Manager /Designated 0 u ,y l�t8bl S..._ �� tate of Texas JENNIFER K. WALTERS J s ry Notary Public, 5fate of Texas my commission Expires December M 2018 sna Notary Public, State of Texas Jul eo�r the - day of +4, by City Managet 'De my City Manager /Designated 0 u ,y l�t8bl S..._ �� tate of Texas APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT 44C -26" oAlegaRannexation 2014-IMpaahwonlack,joe don 36709 & 36638 non-annexation agreement extension,doc 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 Joe Don Womack ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being a called 132.433 acre tract of land, more or less, situated in the John Wright Survey, Abstract No. 1365 and the David Davis Survey Abstract No. 356, Denton County, Texas, and being more fully described in that certain Special Warranty Deed with Vendor's Lien dated April 29, 1993 from Tarrant Bank to Joe Don Womack, filed for record on May 4, 1993 and recorded in Instrument Number 93-R0026909 of the Real Property Records of Denton County, Texas. Said 132.433 acre tract of land, more or less, is commonly known as DCAD Property ID 36709 and DCAD Property ID 36638, respectively. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above-described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non-annexation development agreement contemplated by that section (hereinafter, the "2010 NAA"), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; W. WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ("ETF) for the term of this updated 2014 non-annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement"), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between theirs is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ_Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm - related and ranch- related uses and customary accessory uses, and single - family detached farm or ranch dwellings, provided that no single- family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of 2 this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 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; 0 (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. Aa reementmDeemed 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. 11 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 Agreement, termination of this A re g � ,together with any other provisions, as may be necessary for the implementation of those sections. Owners � -- Carole Womack .��.m..... - -_ . 5 THE CITY OF DENTON, TEXAS By: 4� City—Manager, puty City , Rage'r, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 7, j day of.,," 2014, by Carole Wornack. - S Notary Public', SANDYLAWSON State of Texas My commission Expires October 07, 2016 . . . . .................. . . Notary Public, Stme ofTexas COUNTY OF DENTON day ol �0+4-, by This ins �uni(�tt was 0AIVIC-Cl led before me oa-lhe,4LAI -613t�,A, - . . . ............ (:--�'ily Maim ell/Deputy City Manager/Designated . . .......... ' Rem-esenta on behalf of the City of Denton, "1 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 1 17 , oil N )I I ry Pulp ii 11", State of Texas 0 After recording return to-, Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 JENNIFER K. WZERS- Notary Public, Stale of Texas MY Commission Expires December 19, 2018 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 1 17 , oil N )I I ry Pulp ii 11", State of Texas 0 After recording return to-, Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT 44C -27" oAlegal \annexation 2014- 15 \paal \yarbrough, bert etal. 36702 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 Bert Yarbrough, et al. ( "Owners "), the property owners of the hereinafter described property (the "Property ") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties ": Being the South one -half (1/2) of a 150.89 acre tract of land, more or less, situated in the Isaac McCormick Survey, Abstract No. 955, Denton County, Texas, described in that certain Warranty Deed dated January 3, 1966 from Walter B. (Bud) Wolf; Grace Yarbrough and husband, M.C. Yarbrough, Jr.; and Mabel Dickey and husband, G.C. Dickey, filed for record on January 25, 1966 and recorded in Volume 533, Page 544 of the Real Property Records of Denton County, Texas. Said South one -half (1/2) of the 150.89 acre tract of land, more or less, is commonly known as DCAD Property ID 36702. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "BTJ") for the term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch - related uses and customary accessory uses, and single- family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as- may hereafter be amended from time to time during the term of 2 this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and §§ 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 0 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy -of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners Bert Yarbrough, et al 5 B LIM THE CITY OF DENTON, TEXAS Cit 1 �.agw, w y aimalger, Deputy City or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON } u This instrument was acknowledged before me on the day of O)_7 b 2014, by Bert Yarbrough. Ir�t.�lrsi'y �• "w.al�luc " R�Pti psi G4 .r� �Vj y �1C1 VYltli edJ Y "f ��tllCd :a 201 b THE STATE OF TEXAS Notary Public, St s State of Texas COUNTY OF DENTON } .... Y y— .... t umc t was ac �:no le�l �t�cl b � 1 <a�. ,,� me on the _ day of . � 2014, by � ��) C -�V dy Notary Public, State of Texas BRENDA GAR JOAsION Notary Pubk% 0 y (�Tr�wrrrror s«o E x wre ; ctobeT 04 201 a. �WwummNNWW'iuwu`a�Wf�!� 1M �i A .`uf gF�rnw�yu rxN uwa,w �^ 2 THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the day of 2014, by ... Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the day of 2014, by . _ .._...... _.. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON } wl red before me on ;tl e ._.. day of-&J14 by This tz true ntW was a *M Ity, part�.g : 'JDcluty City Manager /Designated lc�resc�zt�.•ive, on behalf of 11e City of Denton, Texas. . NoPJENNIFER S9aieLTERS of q , My Commission Expirresas N )t 1 y Pub!i State of Texas ... y December 14, 2016 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �..` After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT "C -28" oAlegal \annexation 2014- 15 \paal \yarbrough, bert etal. 36705 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 Bert Yarbrough, et al ( "Owners "), the property owners of the hereinafter described property (the "Property ") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties ": Being the North one -half (1/2) of the 150.89 acre tract of land, more or less, situated in the Isaac McCormick Survey, Abstract No. 955, Denton County, Texas, described in Tract 2 of that certain Settlement Agreement dated September 12, 2000 by and between Jeraldine Covington, as Personal Representative of the Estate of Mabel W. Dickey, Deceased, Jeraldine Covington, James Covington, Bert E. Yarbrough and Betty Schluter, filed for record on September 12, 2001 and recorded in Volume 4920, Page 3183 of the Real Property Records of Denton County, Texas. Said North one -half (1/2) of the 150.89 acre tract of land, more or less, is commonly known as DCAD Property ID 36705. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "BTJ ") for the term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of` this Agreement and any extensions agreed to by the Pa:ilies shall be limited to farm- related and ranch- related uses and customary accessory uses, acid single- fan-Iily detached farm or ranch dwellings, provides 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 V, 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, draitiagc, site design, soli(l waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 4 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners Ber go 5 THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged 2014, by Bert Yarbrough. BRENDA GAIL JOHNSTON Notary Flubhc, St yle, of F-8`, My Commss,on Expo es October 04, 20 5 y THE STATE OF TEXAS B M THE CITY OF DENTON, TEXAS B De City Ma, puty City tanager, or Designated Representative r before me on the CZ� day of Q:C61taiy public, State Of Texas COUNTY OF DENTON This hisirulnent was acknowlcd�cd before me on the A- 2014, by r V-\ bor day Notary Public, State of Texas E. BRENDA GAIlLJOHNSION N ot'ary Pubft, StaTe 0 f "T y October 04, 2015 V-\ bor day Notary Public, State of Texas E. THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 2014, by_ _.. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 2014, by Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON } ,, was 0111 w 1 �ecl before me a µtl� day of �,,�1� y This �,trf T f1i 1 tly •...I�rllage i.cguty City Manager /Designated l clxre e� r1t;I on bc11�P,&"the ity o f Denton, Texas. "" INALTERS Notary State of Texas r my commission Expires Cat 1'y Pule � , St �t'�e of Texas „p pa p��w�w' December 19, 2018 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY m. After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT 66C -29" oAlegal \annexation 2014- 15 \paal \yarbrough, bert etal. 37080 & 37077 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 Bert Yarbrough, et al ( "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 152 acres of land, more or less, situated in the Ann E. Mays Survey, Abstract No. 844, Denton County, Texas, described in Tract 1 of that certain Settlement Agreement dated September 12, 2000 by and between Jeraldine Covington, as Personal Representative of the Estate of Mabel W. Dickey, Deceased, Jeraldine Covington, James Covington, Bert E. Yarbrough and Betty Schluter, filed for record on September 12, 2001 and recorded in Volume 4920, Page 3183 of the Real Property Records of Denton County, Texas. Said 152 acres of land, more or less, is commonly known as DCAD Property ID 37080 and DCAD Property ID 37077, respectively. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to rcinain in the City's extraterritorial jurisdiction ( "ETJ") for the terns of this tlpdated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement "), which stipersed'es and lelfla es tl °l.e 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 extensiuns 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 Emily dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of N this Agreement., provided that the application of such regulations does not result in interference with the use of (lie land for agriCUltural, wildlife management or forestry purposes and dues not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, 'Texas,, and the North Central. Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; C. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and oil 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 anal Wastewater Criteria Manual, as amended, and as supplemented by [lie 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; K (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. 1 e elo a nent f lard tmc Remain an l L-cct. Following expiration or termination of this Agreement for any reason, the Developrracnt flan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development 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 vestal rights that might otherwise arise under local or state law, or by common law, from the subinitta:rl of srach inconsistent developnierit application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part-, Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 4 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. C)wn arc Ber 5 . 4 LIM C THE CITY OF DENTON, TEXAS By. City Manager, i e ut City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of N)ilcm 4e r 2014, by Bert Yarbrough. MY �� Expires October 0 0 t P ~ Texas THE STATE OF TEXAS COUNTY OF DENTON } Tleis Instr~ lment was acknowlcdge(l before me on the ..a °�:.,, day ofOpv-emvy-vb-e-r 2014, by � 1�5c-h Iuje r BRENDA GML jOHNSTON Notary Public, State of Texas Notary Public, S�ate, of Texas My Cornm�ss�on Expires cto eu °04, 015 seaatflau ®w� M THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the day of 2014, by . .... Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the day of 2014, by ... Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This Isti, cnt was g 104-,-by kw cf ecl before rn J4 day eel' �_ _,z Ity Maria ,r /Deputy City dV anagerODesi,pated Rep"rese ive, on behalf of tlic City of Denton, Texas."---.,- Wary Pudic, state or texas Na)ta -y Pub�l.i ��, ''t�att, of Texas ... JENNIFER K. V� V R3 N �h r Expir es ry Commission 201 E December M VA APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 EXHIBIT "C -30" ollegahannexation 2014- 15 \paal \yarbrough, bert & schluter, betty yarbrough 36699 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 Bert Yarbrough and Betty Yarbrough Schluter ( "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 9.14 acres of land, more or less, situated in the I. McCormick Survey, Abstract No. 955, Denton County, Texas, and being more fully described in that certain Quit Claim Deed dated March 20, 2008 from Eagle Oil & Gas Co. to Bert Yarbrough and Betty Yarbrough Schluter, filed for record on March 28, 2008 and recorded in Instrument Number 2008 -57703 of the Real Property Records of Denton County, Texas. Said 9.14 acres of land, more or less, is commonly known as DCAD Property ID 36699. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non - annexation development agreement contemplated by that section (hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETF) for the term of this update(] 2014 lion- anuexation exteli.sion agreement (hereinafter, the "2014 NAA" or " greenlent "), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm- related and ranch- related uses and customary, accessory uses, and single- family detached farm or ranch dwellings, provided that no single - family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from -time to time during the term of 2 this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the (RD -5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water /wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; C. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2011 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and § § 17 -141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code § §28 -441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on -site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180 -day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C- 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. 2 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 By: , . _ . City M nab;. °, Deputy City 1anager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the cnzJ%..ge day off 1 uLi eYY1htr 2014, by Bert Yarbrough. BRENDA GAR jOHNST011y,.._. Notary Flubkc Stale cat Texas My (�,'()njrnissuon Expires ors October 04 o 240 15 THE STATE OF TEXAS COUNTY OF DENTON Notary Public, State of Texas This instrument was acknowledged before me on the 2014, by Betty Yarbrough Schluter. µ. BRENDA My pp��p,� Texas 4 ,9 fd U6U OYY.A ... October 04, 20 6 a Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON } an "D– This stn a�.nt was < day of �� 0' m. b 1., d � Y ...� _ —�� Y _ . before nac be -� _. �` _ ity Mail, i eha��t;y City Manager /Designated l lwarc sc� ative, on behalf of the City of Denton, Tex, s - .,... tld" ,9. �AIq,V,.iFRS Public, Notary S4aa1e of Texas � . My Comm�ssiIn Cxplres w rt xry l r l" State of 'ex December �9, �Q�� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201