2015-161mmmmmu
ORDINANCE NO. 2015-161
AN ORDINANCE AMENDING ORDINANCE NO. 2015 -069 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 PAA -3 OF
APPROXIMATELY 1,075 ACRES LOCATED ON THE SOUTH SIDE OF GANZER ROAD,
EAST AND WEST OF BARTHOLD ROAD, NORTH OF FM 1173, WEST OF I -35, AND
MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2015 -069 was adopted by Council on March 3, 2015, which
ordinance accepted one (1) year extensions for eligible non - annexation agreements for
agricultural, wildlife management or timberland use properties within an area of land adjacent to
and abutting the existing city limits of the City of Denton, Texas, generally identified as DH -3;
and
WHEREAS, since the adoption of Ordinance No. 2015 -069, an additional property
eligible for a non - annexation agreement has been brought to the City's attention; and
WHEREAS, the owners of the additional property have executed a non - annexation
agreement; 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 agreement with the eligible property
owners; 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.
SECTION 2. The City Council hereby approves and accepts the attached properly
executed non - annexation agreement, which is labeled as Exhibit "A ".
SECTION 3. The City Council additionally amends Ordinance No. 2015 -069 to include
said non - annexation agreement as Exhibit "C -10 ".
SECTION 4. The City Manager is authorized and directed to sign the non - annexation
agreement contained within Exhibit "A ", for and on behalf of the City of Denton as a ministerial
act, but with an effective date of this Council's action on same. The City Manager shall further
arrange forthwith for the recordation of non - annexation agreement in the real property records of
Denton County, Texas.
s: \legal \our documents \ordinances \15 \paa3 accepting non annexation agreements - ordinance amendment.doc
SECTION 5. All other provisions of Ordinance No. 2015 -069 not specifically amended
herein shall continue in force and effect; however, the provisions of this ordinance shall govern
and control over any conflicting provisions of Ordinance No. 2015 -069, to the extent of any such
conflict.
SECTION 6. This Ordinance shall take effect immediately on its passage and approval.
AND IT IS SO ORDERED.
Passed by the City Council reading this 5 day of '2015,
— ,
.... ....'... a
m
('1 1 IZ IS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
P P RA' 1,I) AS LEGAL FORM:
ANITA 1=1(_ RGESS, CITY ATTORNEY
f X
BY:
Page 2
EXHIBIT "A"
C:\ users\ 1913266 \appdata \local \microsoft \windows \temporary internet files \content.outlook \d2xhgsh3 \wolf dale kimberly 185234 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 Dale & Kimberly Wolf ( "Owners "),
the property owners of the hereinafter described property (the "Property ") in Denton County,
Texas, sometimes individually or collectively referred to as "Party" or "Parties ":
Being Lot 16, Block 1, Ganzer Estates, an Addition to Denton County, Texas, according
to the map or plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton
County, Texas, and being all that certain lot, tract or parcel of land described in that
certain Warranty Deed with Vendor's Lien dated to be effective September 2, 2005 from
John D. Hesse and wife, Geri Hesse to Dale Wolf and wife, Kimberly Wolf, filed for
record on September 13, 2005 and recorded in Instrument Number 2005- 114453 of the
Real Property Records of Denton County, Texas. Said Lot 16, Block 1, Ganzer Estates,
is commonly known as DCAD Property ID 185234.
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;
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall 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
a
_...... ......
Dale Wolf
k,
Kimberly Wolf
THE CITY OF DENTON, TEXAS
�w
By: LL
y' g� puty Cit °y Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the V-1 day of _ Y ?
2015, by Dale Wolf.
;w"
SANDY IAWSON
*�
Notary Public, State Of Texas
My Commission Expires
October 07, 2016
THE STATE OF TEXAS
COUNTY OF DENTON
m,
a
Nota ry Public, St at of Tex as
This instrument was acknowledged before me on the day of Mt 011
2015, by Kimberly Wolf.
KAREN HERMANN
Notary Public, State of Texas
My Commission Expires
N May 13, 2017
THE STATE OF TEXAS
COUNTY OF DENTON
Notary Public, State of Texas
This instrun'i nt was ack1ac >wsledged before me on the � day of �;��� 2015, by
City Manager /Deputy Cit Manager/Designated
Representat on behalf of tie City of Denton, Texas.
n r s JANE H RDSON
�l u� BA
w Note l y Publicof , State of Texas A Y COMn'dasbri Expke
June 27, N
6
"::
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�d
BY:
After recordinz return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201