2015-160s: \legal \our documents \ordinances \1 5 \dh -4 accepting non annexation agreements - ordinance amendment.doc
ORDINANCE •0
AN ORDINANCE AMENDING ORDINANCE NO. 2015 -064 PROVIDING FOR
ACCEPTANCE OF ADDITIONAL ELIGIBLE NON - ANNEXATION AGREEMENTS FOR
AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES
WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE EXISTING CITY
LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH -4 OF
APPROXIMATELY 347 ACRES LOCATED ON THE EAST SIDE OF BONNIE BRAE
STREET, WEST OF FORT WORTH DRIVE, EAST AND WEST OF VINTAGE
BOULEVARD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED
HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2015 -064 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 -4;
and
WHEREAS, since the adoption of Ordinance No. 2015 -064, 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 -064 to include
said non - annexation agreement as Exhibit "C -15 ".
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.
SECTION 5. All other provisions of Ordinance No. 2015 -064 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 -064, 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 of , 2015.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ..... .......
.__
Page 2
. .... --- ---
ClIkIS WKFf S, MAYOR
EXHIBIT "A"
c:\ users \1913266 \appdata \local \microsoft \windows \temporary internet files\ content.outlook \d2xhgsh3\nathan harvey 166866 non - annexation
agreement extension.doe
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
NON- ANNEXATION EXTENSION AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code
by and between the City of Denton, Texas (the "City ") and Nathan Harvey ( "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 James Severe Survey, Abstract
No. 1164, Denton County, Texas, and being more fully described in that certain
Corrected General Assumption Warranty Deed corrected on January 11, 2010, but
effective December 19, 2007 from Reichmann Hills of Argyle, LLP to Thomas M.
McMurray, filed for record on January 11, 2010 and recorded in Instrument Number
2010 -2921 of the Real Property Records of Denton County, Texas. Said 6.226 acres of
land, more or less, is commonly known as DCAD Property ID 166866.
SAVE & EXCEPT: 0.034 acres of land, more or less, previously conveyed by
Donation Deed dated April 7, 2005 from Reichmann Hills of Argyle, L.L.P. to
Denton County, Texas, filed for record on April 12, 2005 and recorded in
Instrument Number 2005 -42653 of the Real Property Records of Denton County,
Texas.
RECITALS
WHEREAS, the City had previously given notice of its intent to institute annexation
proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in
accordance with Tex. Loc. Gov't Code ch. 43; and
WHEREAS, the Property was previously determined to be subject to the provisions of
§43.035 of the Texas Local Government Code; and
WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered,
and Owners accepted, a non - annexation development agreement contemplated by that section
(hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the
Annexation Area not otherwise excluded by operation of that statutory provision; and
WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015;
and
WHEREAS, based upon Owners' representations and City's investigation, it appears that
the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code;
and
WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby
offers to allow the Property to remain in'the City's extraterritorial jurisdiction ( "ETJ ") for the
term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or
"Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties
for all purposes; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as
set forth herein; and
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, OWNERS represent that it is their intention not to develop the Property
during the term of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for
purposes of retaining land in the municipality's ETJ in exchange for the property owner's
covenant not to develop the property and to authorize the municipality to apply development
regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex.
Loc. Gov't Code section 43.035; and
WHEREAS, this Agreement is to be recorded in the Real ' Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm- related and ranch - related uses and customary accessory uses, and single - family detached
farm or ranch dwellings, provided that no single- family dwelling may be located or constructed
on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement.
The property owner may apply to the City for division of the land subject to this Agreement into
parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section
2
without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
,Section 3. Goveroija,
�.zlat�o� 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 lend 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 Cbde of Ordinances, as
3
amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and
Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water
Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code,
as amended, and applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as contained within
Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC,
as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented
by requirements of the Texas Water Code, as amended, Texas Natural Resources
Code, as amended, applicable administrative standards of the Texas Commission on
Environmental Quality, as amended, and applicable administrative standards of the
Federal Emergency Management Administration, as amended; and
(7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and
subchapter 22 of the Denton Development Code, as amended and as applicable, and
as supplemented by requirements of the Texas Utilities Code, the Texas Natural
Resources Code, the Texas Water Code, and applicable administrative standards of
the Texas Railroad Commission and Texas Commission on Environmental Quality,
as amended.
Section 4. Development Plan to Remain in Effect. Following expiration or termination
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180 -day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Upon expiration, or upon breach or termination of this Agreement for any reason,
the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-
1, or other such other provisions governing voluntary annexation of land as may then exist.
Owners expressly and irrevocably consent to annexation of the Property under such
circumstances. Owners further agree that such annexation by the City shall be deemed
voluntary, and not subject to the requirements and procedures for an annexation plan, as required
by Tex. Loc. Gov't Code section 43.052, or successor statute.
M
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas,
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. The Term may be extended upon mutual
agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
O
wl-lers
Nathan Harvey
5
THE CITY OF DENTON, TEXAS
By.�
Cit
City �iCnr ger, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the a— day of
2015, by Nathan Harvey.
SANDY IAWSON
Notary PubUb, State of Texas
My Commission Expires
October 01, 2016
Notary J'
�. .....
Public, Stttf� of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This acknowledged before me on the � day of , 2015, by
i �"rca �trtar��unt was a
lie res� *rttatr�, on behalf tC City of Denton, Tee City Manager /Deputy Ci ManagerlDesignated
p Texas.
JANE E. RICHARDSON
�"M "+R'P "„ Notary Pubnc, store of texas Not r°y Public, State of Texas
�y M
Ju ne 27, 2017
My Commission Expires
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201