2016-114S:\Legal\Our pocuments\Ordinances\16\DH-3 accepting non annexation agreements.doc
!'l ' • � � '�'
AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE NON-ANNEXATION
AGREEMENT(S) FOR AGRICULTUR.AL, 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, AN AREA OF APPROXIMATELY 421 ACRES LOCATED ON THE SOUTH
SIDE OF SPRING SIDE ROAD, NORTH, SOUTH AND WEST OF CORBIN ROAD, WEST
OF I-35; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 43.061, Subchapter C-1, Texas Local Government
Code, a home rule city is authorized to annex certain areas that are not required to be in an
annexation plan; and
WHEREAS, in 2010 and 2015, the City annexed portions of the area known as DH-3, an
area of land which abuts and is adjacent to the existing corporate limits of the City of Denton,
Texas, and is more particularly described in Exhibit A and generally depicted in the map
attached as Exhibit B, both of which are attached hereto and incorporated herein; and
WHEREAS, Section 43.035, Subchapter B, Tex. Loc. Gov't Code requires the City to
make offers of non-annexation development agreements to the owners of all properties in the
subject area 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 pursuant to Sec. 43.035 and 212.172 of
the Tex. Loc. Gav't Code, 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 previously offered said non-annexation agreement(s) to
owner(s) of eligible property within the subject area, in approximately 2010 and 2015, and now
desires to offer new non-annexation agreement(s) to owner(s) of eligible property in the area for
an additional five (5) year term in light of the growth of the Denton area, the need ta assure
orderly growth, and the inadequate land area currently within the Denton city limits; and
WHEREAS, the owner(s) of some eligible properties within the subject area accepted the
City's offer of new non-annexation agreement(s), where other owner(s) either did not accept the
offer within the time prescribed, or the properties otherwise became ineligible for such
agreement and are therefore set to be annexed within the time allowed by law; and
WHEREAS, the Denton City Council deems it ta be in the best interests of the citizens of
the City of Denton to enter into such non-annexation agreement(s) with eligible property
owner(s) in the subject area, who timely submitted non-annexatian agreement(s); NOW,
Ti1P...itL' 1' Od�.l��y
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
s:\legal\our documents\ordinances\16\dh-3 accepting non annexation agreements.doc
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The City hereby accepts the non-annexation agreement(s) relating to
eligible properties within the subject area identified as DH-3, as described and depicted in
Exhibits A and B, which have been properly executed by the owner(s) of those properties (or that
property) and which have legally sufficient property description(s), are hereby approved by the
City of Denton and are attached hereto and incorporated herein by reference as Exhibit C.
SECTION 3. The City Manager is authorized and directed to sign the non-annexation
agreement(s) contained within Exhibit C 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 the non-annexation agreement(s) in the real property
records of Denton County, Texas.
SECTION 4. 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 5. This Ordinance shall take effect immediately on its passage.
Passed by the City Council this day of �� �� �, 2016.
� .�
f �� . �� �.
� � ��ro
����, �� � �.
�, � �� � ��
CHRIS WATTS, MA ..... _____— _ _.....r. �.....
YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
��
�
BY:. ��� � -� � ,�I �.� ,�� -
�°�I'1'�� ���'�:'� ��. "l'�� LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�� u� .. � r
��
BY �� � �, �' �� � � ��' � ,�'�� � � ....y
� W �Y /4� ^{ ^ f 'y'Xm�� � µrd
�. Qr �p0 �ue df��� ......... „ ���
�...y_: rvm.,. .� ........�- ..,
r
� `
� �� ���� �
�a�wn �:F �� �,;���v� � �����e ... �� �� ��.�� .� �
�����e M � �. ��.� ��
��
Page 2
EXHIBIT "A"
Annexation Tract DH3
ALL those certain lots, tracts or parcels of land lying and being situated in the County of
Denton, State of Texas and presently being wholly surrounded and fully embraced by the
Denton city limit boundaries of record and established by the annexation ordinances as
follows: Ordinance 1969-40 (Tracts I& II), Ordinance 1980-67, Ordinance 1984-63,
Ordinance 2001-451, and Ordinance 2006-205 (North Tract); and being more specifically
described as follows:
DH-3
BEGINNING at a point at the intersection of Underwood and Springside Road as defined
in Ordinance 2006-205, North Tract;
THENCE in a southerly direction, along the east right-of-way of Underwood and more
completely described in Ordinance 2006-205, North Tract, to a point of intersection with
the north line of the property described in Ordinance 2001-451;
THENCE in a easterly and southeasterly direction, along the north line of the property
described in Ordinance 2001-451 to a point of intersection with the westerly line of the
property described in Ordinance 69-40, Tract II;
THENCE northeasterly along the westerly line of the property described in Ordinance
69-40, Tract II to a point of intersection with the southerly line of the property described
in Ordinance 84-63;
THENCE in a west and north direction along the south and west line of the property
described in Ordinance 84-63 to a point of intersection with the property described in
Ordinance 80-67;
THENCE northerly along the west line of the property described in Ordinance 80-67 to a
point of intersection with the property described in Ordinance 69-40, Tract I, being the
existing City Limit line;
THENCE along the existing City Limit line as described by Ordinance 69-40, Tract I to
the Point of Beginning.
EXHIBIT "B"
z
�
ro
C
�
0
m
W��
EXHIBIT "C"
S:�Planning�,Annexations�2016 Annexations�NC.T�3.4.16�DH-3UvlcKinney 37012 37026 Non-annexation Agreement 2016.doc
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
2016 NON-ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code
by and between the City of Denton, Texas (the "City") and Kevin and Sherri McKinney
("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 15.0469 acres of land, more or less, situated in the J. Dalton Survey, Abstract No.
353, Denton County, Texas, and being more fully described in that certain Special
Warranty Deed dated November 15, 2000 from Nancy Dee Riley to Jon Michael Riley,
filed for record on November 22, 2000 and recorded in Volume 4722, Page 474 of the Real
Property Records of Denton County, Texas. Said 15.0469 acres of land, more or less, is
commonly known as DCAD Property ID 37012 and DCAD Property ID 37026,
respectively.
RECITALS
WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given
notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an
"Annexation Area" that includes the above-described Property which was and is subject to the
provisions of §43.035, Tex. Loc. Gov't Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non-
annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't
Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in
lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not
otherwise excluded by operation of State law; and
WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §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 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, based upon Owners' representations and City's investigation, it appears that
the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex.
Tax Code; and
WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 201�
and
� ��
0:` �;�... I l�l'C):'� ; °�f t %° 'f
��
WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016
NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously
executed by the Parties for all purposes, until such time as stated herein; and
WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed
with the City within the time allotted, then the Owners have already received notice of the City's
intent to annex the Property and the Property may be annexed upon the City's institution of
annexation in Apri12016; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as
set forth herein, and Owners represent that it is their intention not to develop the Property during
the term of this Agreement; 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, 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 de�ned, 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 properiy owner may apply to the City for division of the land subject to this Agreement into
parcels, each of which is at least iive (5) acres in size, for the purposes set forth in this section
without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governin�gulations. 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 current Denton Plan, 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 most recent North
Central Texas Council of Governments Standard Specifications for Public Works
Construction, North Central Texas (NCTCOG Manual);
(3) Denton building codes, as adopted by the City and currently contained within Denton
Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments,
both as from time to time amended, and more particularly set forth as follows:
a. International Building Code, 2012 Edition with local amendments;
b. International Residential Code, 2012 Edition with Appendix G and local
amendments;
c. The International Fire Code, 2012 Edition with local amendments;
d. International Plumbing Code, 2012 Edition with local amendments;
e. International Fuel Gas Code, 2012 Edition with local amendments;
£ International Mechanical Code, 2012 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, 2012 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 Chapter 33, Denton Code of Ordinances, 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 the most recently
amended Gas Well Ordinance and subchapter 22 of the Denton Development Code,
as amended and as applicable, and as supplemented by requirements of the Texas
Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and
applicable administrative standards of the Texas Railroad Commission and Texas
Commission on Environmental Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following expiration or termination
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect.
Section 5. A�reement Deemed Void in Part; Voluntarv Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Upon expiration, or upon breach or termination of this Agreement for any reason,
or at any point thereafter, 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. This section shall survive
any termination of this agreement.
0
Section 6. Notice_ofwwSale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on August 1, 2020. 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, as well as the
consent provisions in Section SB, shall survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
Owners� � �
�"� � ,��� ��,
���;�� � �:i� �. .��, � ................... ....
McKinney
�m�
���
5
� �� d
� �� ���` ....� � ,. �� � .�.
�"�'a�ri McKinney � '� ��
THE CITY OF DENTON, TEXAS
�,� �,����° ���"���
� �� �
�� �� ��
�� � ��� �� ��
�
���� � ��� it.,��M���� �����..
��
City ��������, �eputy C y anager, or �
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the R� ������ day of ����.�;�. �� ��'����°'� �� m, �,
2016, by Kevin McKinney.
��^" +�, � AMY CATHERINE MOUSER
" My Notary ID # 124708361
w�� �, ��M"� Expires October 8, 2019
THE STATE OF TEXAS
COUNTY OF DENTON
�c�la�7W�,
This instrument was acknowledged before me on
2016, by Sherri McKinney,
�.. U�_���M��� .._
��"::"�;,, AMY CATHERINE MOUSER
� �; My Notary ID # 124708361
" � �A�ti,tl�.�� ` Expires October 8, 2019
THE STATE OF TEXAS
COUNTY OF DENTON
� t ° � �.
'� 4'.��'�
�
�'��...., '� ���� �"��'�������, ,�� ��� '�°�� .���
➢��, State of Texas
"� �
� �„ � �..�
the ������� �:����y of ��m�� �- ,� ��..��'������.��.
otary ���4�kro�^, State of Texas
� l�i� ��a^�t���,n�7�.^��t�� ��t;� ��d�lc9�����&�t����.c� ��^�i�r��; me on the �� ���......., day of � � , 2016, by
���� ��"�� � � �" w„�`,,�'�",�`,°""�� �'e,��w , City Manager/Deputy Ci Manager/Designated
�rrr�.. . � �_
Representative, on behalf of the City of Denton, Texas4
���� ��� � �� ��� �� ����
4F4 �IX,p�� pF"'"44 flll II II x1�4 I' 4t%4"�14.�n Y4 M4 II .�
���4 {�M!
,: �' r� ��� iA�a�o�,9.,�i���i4�uq: u��tr rai ura�r�s°:'a ��
? � �`� ��� ¢:�r,.:uE�t��,1 f�l."rG�f� fl�, r�-�4tiN
�"�arr��", g�a4J"9�aV����'"d9%SrNefl:���z�
"���e���
mm�miowmrvim uu��w�um�w�'!w'��'u � �'!k�a'w,wi�ul�riw�uwuuw�u�w� �'�.imo�A^,;� itiyU�aum �ami ���:
___ �� �"��"� . � �� ...:°� ..�_....._� � _. �
Nc������;� Public, State of Texas
6
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
, . �.
BY• ��"��� "� � ' � � � ��� �" � �� .'
. � � � � ����., �,.�_. ... � .� ....�...
y
�� W �
� .�� ���. :� ��p�, � � � �,,�,q �� � �µ�-�,� � ��'..�, �
. � � �
�a���
After recordin� return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
�:D � ... � �3 µ �%' �� � �� �� � ;� "� �� � ��...
T},i: .����een�f�:nt is er�tered i.r�tca pr.�rs��ant ics �'�cti���s 43.035 and ?1?.1-�' T:�. Lc�al G���'r Code
b` a;��i'�r��tzen thc C"ity a�' entai�, T'��as (tlge "C"ity°,) and Te,zi \1eaLc�r a«c: R�l.��rt }-Ia�a�gnLr
(�'(_)��:��� �" ia the pro}l���iy o��ner°s c�f`the herei,�atter des�ribe�i prl�p� l� �thz �'Propzrty°`} it� I7��Ztc�i�
C`��unty, �i`�a;. �ometirrtes individu�lly c�� �t�llectrvely ref�rr.d :�.� �t; ..k�t�rr`�`, a,� "P�rti�s'";
E3�irs� a called 6�.�� acre %r�ct of l�cici, it�ay�� c�r l�ss. �ira��ted it� the t�lilliatn Sa�aris Sur�re�,
Abstract RCcs, 11 ;'4. aild a 63.713 acre tract c��° lai�d, r�7�re �r l�ss, siti����d ir� th�° Sa prit�l�ett
�Lir��ey, Abstract �o. 100=�. I3e�t�n Caurltyg "��x�s, and beirig that poriic�r� lyiix� c��tside t17� city
lir��its, c��° � 156,47 acr� tr�ct, mc��� or I�ss, d�scribed in that certai� C�z�recti�il C���1�a��1 ��Iarrant��
L3eed d�%ed ta be eff�cii��e �cta�ber I4, 1994 fro�ra Tl�re I-�err�ad�ra Jo'rut �'enture to Tei-�-i J.
:�1e�dor a»d �ob�rt �l`. H.�m���er; filec] f'o�- r�cc�rd ,�n II:��cember ?7, 1994 di�d i-ecc�y�a�ed i��
lr7sti-um�n� '�timb�c° 9-�-FZ.009=�0?� of the R��1 �r�p�rt}� I�ecords c�f I7entox� ��Llnty, T��ns. Tl�e
call�ci C5.72 acre i�-act of laelci, c��ore or l�ss, �zr.ad th� called 63.713 ac�'e tc��ct c�f la'zd, rna��'� c�r I�ss,
are c�rnrr-tc�nl`� kno�vii �s i�C::-11� Pf�c���f•iy ID 37096 cr,rcT I)C�#L� PJ-��e�°t� II) 3i343, rAes�ectav�l�gr.
�
�i-�.�;FC�AS, pu��sti��i�t lc� '�'�ac, I_,�c. �r�v'i C"�de �h, 43, tl�e C;ity had prev�causly giv�ri
r�atic� c�f iis ii�terat to insi�i��te a��ca�i��� proc�eci�n�s i�7 2010 �i�.d a�ai� i� 2016 :Cr�x ai�
66��11c�.�tion Area'° tllat i�lc[ud�s ti�e aba�e�d�s�ribed Prc�}��rty �rt�ic�h v��as a��d is sltbjec�: to il�e
pra�v�sicsr7s c�f �43.03r, Te�. Lc��. Cic�v't C;ad�; ar�d
t�I-IE;RI?��5, in �ic:cUrda��cc �rith Stat� la���, the �ity c�f`f��ed, �Y7d i��cr�ez-s �cc�pt�d, a n�ia-
antlexc�ti�i1 clev�eic}ptner�t agr���t�aent ��nter�ipl�t�d i�y S� 43.035 and 212,1 i2, Tex, L,c)c. C�c�v't
C�c�dc ("]VAA"}, in �ieu of the ��ty's �n�e�atir�� in 2010, �s ��Il �s ar� ��tensr�n e�f said ��4�e ii�
li��t of tlle C'ity's arir.rc�:ati�i� i�� 2O� 5("Ext�rld�d NA.1�"}, c�f all lal�id y� the P. e�ati��1 l�r�a rrcat
catizei-wise exclucied by cDper�tion of Si�te I�`�; �nd
�11I-�.EF�.E;,4S, 1`ex. Loc. Cic�v'� Code §43.Q35 au�:l7ori�es � pro}}ei✓ty tavvrle�° ��ci �
c�lllilicipality t� e.r�ter� inlo �in a�i-��rr��nt pur•su�nt ics �'�x. Lc�c. Ciov't C�de �2"I �.172 for p�ai-��ses
nf ret�inin� lai�ci ir� tl�� muriicip�l�ty's F'TJ ar� Ex�han�e f�r th� �a�-���i•�r ��cl�r's c�v�n�t�i i��� tc�
cicv�,lc�p tlle ��roperty ����d ta authcar��� the rr'�rti�ipal�iy ta �pply d�v�lcspin�rli �•e�ul�ilc7ns ncat
i�lccai7sistcilt rurtl�t ag9•icultuz-al Lise; �tr�d
i�TIi�[tFAi, tli� Denioi-� C;�urlty �ppraisal L7is�_r�ci r�cords sho�� thr��. tl�� I�rr�p��°ty
cur������ly is ap�r�rsed f�7r �cl v�lc�t•��n ta� pu�os�s �s l�t�cl frsr ��ricLiltu�al c�r �ildlife
'17��i�g�caaei�t us�, or tinlbc�� ��r�d �urs«aXat tc� "Tca�, T�x �"od� ch�pt�r 23.G, i�, or �, and
\��f-i1;T��AS, bas�d �rp�n i��r�zers' r�prese�t�tic���s ��1d C:ity's it�v�sii�ati�n, i� �ppe�rs tl1�t
lli� Praper-ty sNl] in�ets tlle �li�ibilXty criteri�a caf §43.035, Tex, L,r�c;. Gc�v't Cc�d�, �r�d t17e T'�x.
I'ax C`�dea at�ci
4�'HER�.=�S, th� F:�t�.��ci�d :�Cf�f� ��e�ut�ci by C'ir�' aiZd C}l��n��'s �xpii-�c� ar� r✓Iar�h 1., ?.016�
�
r��� i%F�LE_=� �. thc �'ity desires tc� �lla��r tir� I'rapert�° to r�r���in iii th� C,ity's e�tr��territc�ri�il
jLil`1SCIiCCtI,�? �'•�-�T..� `or th�; ter . of tl��s 2016 rtoi�-ai�r�L:��ticsr� ��r�e �rat (her�ir�a�'tcr, tl��, "2016
'`JA-�"° �r• .. 1��:��rr:...:..t. G�rl�ich superseci�s anci �•epiac�� thc "�.`�� c�c E;xtc;��d�d I'ti�f�.f�. pr�,vlc,�r51y
exGcut�<i ��� t�:d �'_�.�-sr� ;��r� �11 pttl-�os�s, tantil �uch tin�e as �t����d i�ter�;it�� �nd
ti'��F�L�.I�F ��. ::-� �.���.���c�rs �cicno�led�e a�ci a�r�.c tl�at if ��1� 201Fi I`T�� �s nc�t ex�c��ted
w�itfl tl�e; C'it5� ���irhir: _:=d ::��_� allatt�d, Yhert th� C7�r�z�ers har ��1r�acly r��eiv�el ne�tice c�f`th� City's
iiitent ia an�e:� tlz� �'ro�v°���o ai�d th� I�i:ap�rty n7ay be �rLrre;�ed upt�n ihe C�ity's institittion af`
ar�riex�t�oc7 ir1 �4�ri1 :?(:IIC;: a;:d
iTVE��;�F_?f�S, (�t�rrel°s l�er�b�� acc�pt tllis of�er° �z�cl a�x��e to �hc t� s of khis 2�i16 N , as
set f.`orth hereiYl, ��zd ()a�tilers i•�preser�t that it i� iheiz� �txter�iion rrcrt ts� de�re[c��� the; C'rc�pet•ty ciuxirlg
th� tcrrz� of`t%ris �gxeeil�ae�it� al�cl
V�F�Fu�Fu:��"�. �l���r1�r� and tlie City rlck�to��led�e th.at �Clris A�r°�et�zerti b�t�re.�n. tl����x�i is
��ir�diri� upoia th� C'irr an�l th� Ci°�vrtez�s ai�d tlteir respective s���essc�r°� �r�d �.ss�g,ms �c�x- t1�� tc�rtn c�f
tE7e �gre�,metlt;
�'eJk-IE�f��:�S. ,i?1� .�;T:'�,c'Ti1�Tlt is ta t�� r�caaz°cied in tYre Ftc.�l �r�ap��•ty I��;��rds c�C Dentc���
C,OUI1tf, ��:��15; LL
iti�C)4�1, P[��IF:F�E�FC)F���o ie1 cansidec•atic�ii af` the zzlr.�t�aa[ ca�r�t��nts �ont.�irx�d iler�it�, th€;
Pa�°tic;5 l�ei`eta e��vi•�e as f'ofl4��`�s:
�;��tioi7 1. C ��Y7_ti.lu��tic�tz of F:"I°.J �i�tus. T1Z� C:ity �udr�rit�es tl�� cor�tittt�atic�n of Gl��
extraterz•itar-i�i •t�ltt�:ti c�i` :`.:� F'rc�periy a�7d tt�t°�es �tot to �ililex tl2e I'�'c�p�rty E`�z� fh� term c�t t�1is
C'��reemei�t, a�; h:a-; i.ryv:!:vr ��tii�ed, �r�c� arly s�tbs�;c�ueiZt rezzc�vals as �nay b� �t�reec� z►pr��1 by il��;
F'�rtics, s�tbject. hc».��v� �i-. to t11�: ��res��isicsr�s caf tl�is �,.�i•ee�l�erat.
��:ctialz �'. C�<< elc��t�lc.z�� F°lara, T'rXe C)�✓ners cove�l�r�i a,1d a�;i-ee t17�t L�se c�f iti� Pr-c�per�Y
Ec�r t}7e ternl ot tlii� ��rrreenlent anci ar�y ��ie���i�'�a��� Ka��r�^��� ��:� ��y �l�u �����t.i��� �1��.��� 1ro� Eir�•������ i��'��
f��•r�-r�;l�ted anc: ;�tz�cl:�-relatect us�s a�i�i cu�����ti��.��� M��;�;����rs�g°��� ����,��, ;����a��� ��r�t�;��aa�M����r�r�� ���ri.����1����N
farrri c�r �i-ancli ci�ti��lrrn4Y�. prc>�-ided th�t n� sirz�����-�9'�ti����.1� ����Vq�����; ra�����+ �a�, ��;�e�f���.°.��3 �p�� �,��a����'�����+:1
on a Lot smaller r��i��n ti�,�� t�l aer�s �L�nl�s�; tt�.� 9�ra�: �����y �w�°a���;;.������ ��'��.r�° tr� tNa�� �l�a�;��� ��t t����� ����•���A���'��.1:.
7'1ae �ro�aer-ty� a�� :��r ��1���� �pply Cc� tile ��ity far �Iiw�i�,s�a�� ���b �6�� I�������.� �»c��rM��,r��� 4�r� �;����� ��a��`��a�,��1t �r►1.��
p��rceis, �acl� c,t� �:� t1iG1� i; at l��st irv� (S) acres zr� siz�, �o�� th�° �u��c�5es s�t f�i°t11 irc thi� secti�i�
e�-•itilout l���t�� il� � i�l�tictt raf il�is ��1-cer�z�nt. �ucii us�s Lrnd acirviti�s cc���stitu�e the
de.velc�}�nletZt �yl��i� r'c>r t17e I'rc�pc�rty ir� s�tisf��c;ti�rt of `I'�;;�. Loc. Ciov't C;od� sect�an 212.I.72(bj,
5ectic��7 � ��a�� � �p�s�� ����,:�z���a�a��`°� '�„ize f�11c��in� �ii� re�;�ll��ics�ls sh�il �p�ly tc� any
d���lapment oi ,_..� �'t� fl�� e�. a G'u��a�' 1��z�;��Xl.a��� be ail��nd�d. frcar�l tin�e to t�rrte dtiityLl� th� t�rrn r�f
this f��t°eenlenr ��4; �a��p'ti �1 '��at t��+� ��p��a9��,°u��t�i���n�� �f�" s�i�h r��t�lations daes axc�t r�sult il� ��7terf�r��zce
with the use af thz lar�d r�lr a�ricultural, v�'i]dlif� m�n��`ei���t�t �r fc�rest�yy purposes ��nd dsa�s ntat
pre` L�1t C}�e contit7uati�}r� c,:� a use esiablisl�ed priL,r tL-s zh� �if�ctive date c�f this Agre� ��t �ixd
u hicl� r�cl7ains l�«-ftil .i- rh� ti � th� P��re��nent is ���cutede
�'.�� �oi:i:-_� �:.:,�lards ca�nt����d itx t11e I��citoe� I3evelapi��nt �ode (" C"), as �r��ncl�cl
p��:�st;.��:; t�� �_i7� curre��t D��tc�z� Pl�i�, as aex��;�e�ed, includ�r�g but r�at lirnit�d �� th�
�RD-�i Z��nir1<T Distr•ict re�ul�tic��s, a�d stand�ds iiic��j��arat�c� th�rei��;
(2) Tl�� �ul�di� i�ioil ai1c� d�v�lc�pr���i�t 7°��iil�trans c�r�t�in�t� wiih�n tl�e L7�nY.cs�
i>���elc}pr�7�ilt C��de, �s arrg�ilded$ tc�gether `6-ith appl�cab�e D�si�r� �riteri� 1�1anu�ls
(includirl�> c�>nstri.ictic��, dr�i�a�e, site desi�n, sc�lid wastey t��i-�spc�rtatic�n, tree
prc�tecti�»7 standards, a�d w�t�r/w�stc�i-at�r), I?��t�r� l��brlity Flai� ar�d �iller
appr-���ed �I75t�r Plai�s o� th� ��iy of L��a�tcan, T'exas$ at�d the n��st r�cent l�Torth
�'ei�t,�al Te�as Cou�uxl c�f C�csvernrt��nts �tand�rd Sp��ifcatio�s fc�r PubliL Wcrcks
C`aizstz°ticti<�i�. f�c�ril-t C�niral Texas (l�CTCC)C1 Iwl�t�t�al}9
(3) i�?�.il�or� buildrng codes, as �d���eci by th� City and cur�-ently cc�n�ai��d �uithin �e�ton
Code C'hapt�rs 17, 28 and 29, and i7I)C Stibch�pter 24, �la��� �vitl� lc�c�1 am���cinlec�ts,
b�th �ts fi�c�rz1 tii�ie tc� tirne an�ei�d�d, �nd �nc��-� p�rtrcul�rly s�t fr��h a.s f�Jlcs�s�
�. Ir�tci-natiol�al F3u11din� ��d�, 2012 Eclir�o�l,�vitl� loc�1 �r�e�dtnercts;
b. Inten7�itio��� Ftesid�iltiai Gc�de, 2012 Eclitic�rt �vitl.�z �pp�ndix C"� ac�d Ia�c�l
amendn��r�t�;
c. "11ic I]�te�7la�i€�r�al F'�i°e Cr�d�, 2012 �diii�sn �vith lac�1 �tmendrnentsg
cfe [s�cei-����ticsn�l Plurr�bin�; Cade, ZOl�. EC�1�1d�11 Wlt�l ���ell �I11eI1((�1'1"12I]tSa
e. Iaet�r�n�rtiorlal F�z�;l Gns �csde, 2012 Edxt�c��� w1t11 lc��al �r��el�d�r����ts;
f. Interrlational 1�Ie�har�i��� C�d�, 2012 �ditic�n with loc�l ��n�ndrnei�ts
�. C'ode c�F i�c�cliX�an�es Chapte� 17, e�1t�� F°i°c�pe�rty l�/Iainten�ilc�� C'c�d�, �s
� i7�end� cl;
h. [iltet7ln�ic�]��l E�ier-gy Ccsns�r���tian �ad�, 2012 Edztic�r� �rith rebi�n�l
c�Y31e1]C111i�11�S9
i. l�l�ztic�r7al El��tri� �r�de, 2012 Ed�tic�r� w�ih ic�cal �rnel�cir�ler�ts;
je Natic�t��l �lecti�ic ���`etyP �ode, 2012 �,diticst�, t�r�th ��gior�al ��er�d��er�ts9
k. [Vir��t��«rn hc�usi�g and btzildil�g ����dards, II:3�ni�n C:i�de �§2�-3�3 —�-�37 �nd
,��' fi 17� 141 — 210, �s �t��rzded aigd as appli�abl�� artd
1. l,-ri�atic�ri �tat�dar-ds, L��r�tt�rc Cc�de ,y�§2$�441 —�-57g
(4) Srvi� �-�gultiizcsr7s, as ctrniain�d ��vithizz Cl���ter 33, L7�t�to�. C;c�d� �f C?rdir��nc;�s, �s
ti�neridec� o
�
as al�lend�d. aad applic�ble �dn��rlistrati�ye �ta�sd�rds c��° the T`e;c�s Cc��r� ission ai�
Ent�irL,n'nerital Qualiry, �s a�ne�ded9
.. � ��
. � �.
.
, �
� ,� r
� ��
� +
i
� �
k �� �
,f � � ,
��� '1
! 1
►'� �,.
i
� : y''
� � �
k �„ �; -� �..
♦ �
, ,, � � ,..... �' . ,,.. � �, �
,, � .� � �
a
0
„ ,,��., . „ ,�,,, �,, �� ,,,,,, , ,,, „ ,>, „ ,,,,, „ „„ <, ,,, > , ,,,,,,, , �,,, � i � °fi�La�
, , , , ;,,,
. . ., ,.. „ ..,,,,, � i
Section Ei, Notice of Sal�, t-1ny p�rson who sells or convey� any �Sortioii af th� Pr�per�y
shall, g�rivi- to such sale or con�ey�nc�, give 30 days writt�n tl�tic� �f this ?,�i�� �nt to t��
prospecti��e purchasei• or gr�nt��. A ccspy c�f� th� nc�tice sha11 b� forv�aarded tc� the City ae the
follot�it�c* addre5s,
City of er��an, T��cas
AT'Tl�ta I)ir�ct�r af F'l�a ii�g a11d L7�velapnlent
221 I�1, �lrn Sti•�et
�erztozz, TX 76201
Sectiorl 7. R�co��dit1�. This A�1�e�nl�r�t zs to rutl �uith th� �roperty and b� recarded in th�
i•eal property r�,cc�rds; Dei�tan C�unty,l"�xas.
Sectian 8. Se��crabilitv. Cnvalidatic�rt af° �r�y prov�sion a�` this A�r��rnent by judg �r�t �r
cot�rt order sh111 rlot int��lidat� any of th� r�maiiaing pr�a�r�sions �uhich shall r��i��in in 11 forc�
�irid effect.
� ��
r�� � , s ���� � ��� -• ��
� . � � � r „�� , �
.
Section i(), Ch�n�e iia L�wo No sLiUsequent chan�� i.Y7 �h� la�v r�garding �nr��x�tior� shall
�affect the erifc�rceability of° tElis A�reezxie�t or tlle �ity's ability tc� artrl�� the �roperties cov�r�d
herein pursuaiat to Sectioz� 4.
� �, . ,�. . �,;.� M���. -�- ��
♦ � , � .
,� - +
� � � x .
� � � *
�, � � . �
. � r,, � �
� �
ti'. ��,�� �� � t°
' � '�� �
� � �
�, � —�
_ -- --.. _.. . _ ° ..
��YTI �!rLaA���7C
„,,, , ,,, ,,, ,,,rr,,,, . �, . -� ���%... . <, L�w .; � �
� �:. ;,,, .%.,,...,�. , � „ . :�- �
�W,_�.�...�,, ., �. �� ,,,,,�t'
�"�'"�,,,�` � . ,,���
�a�� �" �:= ..��=.�_�—.�"'".... �._ ro��� ,.�•
Ro ��.�-� 6���������� �
THE CITY OF DENTON, T�XAS
�,� �
B'yr ���� _ �� _� "�� � �� w�
( ��� �zC��c�..� Deputy City..C�'��N�z�r�,��r, or.
Designat�d Representative
THE STATE OF'I'EXAS
COUi�ITY OF DENTON
This iustn�ment «�as acicnowledged before me on the Z� day of ...�_�. ^'��' ���' �....� ....... .,,r
�
201 fi, by Terri i�lcador.
����� � �� ��� � � �m
��M�I � V°�����"��� u��'��'� I� ��� ���"� �i���,m a�
Y^ � +�v � ,
��. � �u��.���'u��nu�u�t.Il�w�au������,� ��il�.'��.�� p��'�w _..... e�� �^� �'�� � � � �;.�"
,� � �� �� �m�� � �," � �� �, d �,: ".�. ���...� m , .� � ........
���"���W u����a �,���,��� U,� ��'��,�����'�� Nofary 1'u9����a�� State of �exas
��������a�wb
�P,��� ������ � ������������o�
THE STATI: OF TEXAS
C;OUNTY OF DENTON }
Tl�is insU�ument was acknowledged befora me on the � n� day of ��"��-1� 1 „
201 C, Uy �toberf H�mmcr,
�,�r��° ���r�„�� NATHAN BECK
� � Notary Public I�^�Vv
STATE OF 7EXAS
��"�,�:� My Comm. Exp. 0610812018 � Notary P�ubl�c, State of Texa ���� �"�'� ""'"""�_ _
�.�._.�.. ._
��^"+�"�^'�"�'" ' s
TII� STATE OF"fEXAS
COUNTY OF DENTON
This inslnm�ent ka� �� ��,��1�������9�c�����.I before ��:���: cpar Ifl���� ���� , �i��� �ml' ����� � ������"�, ��,�
_..._._�����°'���""��' ��� �:��'���������:�.........��,� ��°d9yr �'i��a���„�,��elC��,l��t.at°.�y+ �`���y IVi�rr�a,�M��d°i)a����;r���l�at�
Re�rescntative, on behalf of the City of Deuto.n, Texas,
������ �,�, „� .,�� � «����`����� �� .�... �.A.,�
� . �_ ��. � o, �,.,� �e
"�"�«"� ma� �� � ������+%� �. V+Nu aV 6���fi"�^, ill���
�;���ca����� Public, State of Texas
,�+� ����� �^dld:"�'V�a4I v�TMk,PRfiR 94 ���V'� ce �V I�'� WC�N��
� a�.�,��������� ��u���o�������r���uu�u�� ,���� �c������ 6
�P �., � �
��a�R� ��� �m N �u�
��� ��ui ,.' ���� �mooiul������ �'
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�d �u �, �
� � _��'�
��� ���
BY: . ��-�� �`�,,���t.. P�� � ���"�� �°�..� ���`� ,� �� ��
� � � � ...�,�._ ....... �.
�` ,A k�� �W�* ��,�� ���'„ ������� �� �',����, �° ,�
� �� � � � �
After recordins return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:\Planning�P.nnexations\2016 AnnexationsWCJ\3,4,16\DH-3\Stults 37010 37032 Non-annexation Agreement 2016.doc
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
2016 NON-ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code
by and b�tween the City of Denton, Texas (the "City") and Helen Ann Stults ("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 3.349 acre tract of land, more or less, situated in the Jeremiah Dalton Survey,
Abstract No. 353, Denton County, Texas, and being more fully described in that certain
Warranty Deed dated September 5, 1974 from H.L. Handley and wife, Ruby H. Handley to
Helen Ann Stults, filed for record on October 2, 1974 and recorded in Volume 723, Page
383 of the Real Property Records of Denton County, Texas; together with an approximate
9.91 acre tract of land conveyed in that certain Warranty Deed dated May 15, 1991 from
Ruby H. Handley, Individually and as Heir and Independent Executrix of the Estate of
H.L. Handley, Deceased to Helen Ann Stults, filed for record on May 16, 1991 and
recorded in Volume 2980, Page 176 of the Real Property Records of Denton County,
Texas.
SAVE & EXCEPT: 3.47 acres of land, more or less, situated in the Jeremiah Dalton
Survey, Abstract No. 353, Denton County, Texas, and being more fully described in that
certain Correction General Warranty Deed dated April 7, 2003 from Helen Ann Stults to
Kelli Ann Holdsclaw, filed for record on September 30, 2003 and recorded in Volume
5428, Page 4716 of the Real Property Records of Denton County, Texas. Said 3.47 acres
of land, more or less, is commonly known as DCAD Property ID 254159 and DCAD
Property ID 254160.
The remaining 9.789 acres of land, more or less, is commonly known as DCAD Property ID
37010 and DCAD Property ID 37032.
RECITALS
WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given
notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an
"Annexation Area" that includes the above-described Property which was and is subject to the
provisions of §43.035, Tex. Loc. Gov't Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non-
annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't
Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in
lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not
otherwise excluded by operation of State law; and
� ��,���,�� �������
���'
���:r�r
iC� �� ..... :� �'� � �"d '� �"i
WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §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 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, based upon Owners' representations and City's investigation, it appears that
the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex.
Tax Code; and
WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016;
and
WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial
jurisdiction (`BTJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016
NAA" or "AgreemenY'), which supersedes and replaces the NAA or Extended NAA previously
executed by the Parties for all purposes, until such time as stated herein; and
WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed
with the City within the time allotted, then the Owners have already received notice of the City's
intent to annex the Property and the Property may be annexed upon the City's institution of
annexation in April 2016; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as
set forth herein, and Owners represent that it is their intention not to develop the Property during
the term of this Agreement; 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, 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„o„nt„i„nuation 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.
2
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 Re�ulations. The following City regulations shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
this Agreement, provided that the application of such regulations does not result in interference
with the use of the land for agricultural, wildlife management or forestry purposes and does not
prevent the continuation of a use established prior to the effective date of this Agreement and
which remains lawful at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code ("DDC"), as amended
pursuant to the current Denton Plan, 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 most recent North
Central Texas Council of Governments Standard Specifications for Public Works
Construction, North Central Texas (NCTCOG Manual);
(3) Denton building codes, as adopted by the City and currently contained within Denton
Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments,
both as from time to time amended, and more particularly set forth as follows:
a. International Building Code, 2012 Edition with local amendments;
b. International Residential Code, 2012 Edition with Appendix G and local
amendments;
c. The International Fire Code, 2012 Edition with local amendments;
d. International Plumbing Code, 2012 Edition with local amendments;
e. International Fuel Gas Code, 2012 Edition with local amendments;
f. International Mechanical Code, 2012 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, 2012 Edition with local amendments;
3
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 Chapter 33, Denton Code of Ordinances, 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 the most recently
amended Gas Well Ordinance 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�reeww_�� � ' _ _rv Annexation.
�,� ww ment Deemed Vo> >n P,�rt V��unXam�„�_n,
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Upon expiration, or upon breach or termination of this Agreement for any reason,
or at any point thereafter, 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. This section shall survive
any termination of this agreement.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions ofthis Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section ll. 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 August 1, 2020. The Effective Date of the Agreement shall be
5
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, as well as the
consent provisions in Section SB, shall survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
Owners
1�. G�-�-�
� _ .........�..�..�.......�. ... . .__ _.
Helen Ann Stults
THE CITY OF DENTON, TEXAS
B . ��"' � A ��� � �� ��� µ����.�
Y'. �� � ....� " � _-.
Ctty M� ���;�:�•,�C7��.���i���' City �1�1��������;,�, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the
2016, by Helen Ann Stults.
��� ���� � ��� � � �� �
�h,rru�a�Y�,o ��W���I� ������ ��II"��� �g
,, p di � �` '�^" �"
�" ����w�s��P���qp �"o�IlaNmr^ ������a a�� �����;�',
��� � „ .�r� �"�ao��m�� ��q�o�a�� '� �..'1 � ���'� � �.
�
�`�,����������"�� ���@���y��W� ��������-�
�.Nk�'MII �If�IMIWUW w�w� ��m „.� �ernll�laWilWu � .
THE STATE OF TEXAS
COUNTY OF DENTON
� `
x
��� �
� a�<�y of �°� �� '�� .m„I��� ...
nM�_..... _. — —a
,
`9 w.
, �� �..
� ��
6 � � � ��'� � mm �"°� ` -�
m� ' �� w». �� � ��� IT
��"Notary Publ�c,�,. � ,. ......._� , ��� �
,.,._...,,
State of Texas
�1��� � ,� ���c�vw^ledged before me oy the g�� pd y of ���� a°"� , 2016, by
�ns�r�u�men�tiw�� ��� ������ Cit Mana er/De ut Cit ger/Designated
Representative, on behalf of the City of Denton, Texas,
,�� � ��� � � � � ����� .� �� n .
�Wkh1uN�A.y�, W�"&��"�� III �"M1�� ��'"��lil.w��"ro� �'��� .
�,�k 8 rt�R�F�, ,�
�p ��� � Qwq�m"u�V�v"V �"q�V�II,Q� '^��RI� �ml���"��"w�,w ,
:� � �t�. � �.,��4 `���i�� u�::i,��,k�� ��—�!! � , �p�.� � �" f
�roo�ru�`'�'�tl��� �'��.���Wr�!'�„��I���"�re��"��
i�
� �° �;°�� � � � wwwwm�� � . � imm�umu iomumomwwwJmwp�ww�urr �uwww�u uoimi�. 4
Na �a
� m�mmnwuwa��ww�muouNu uu�muuwi�� �
�..... "°�.. ��� .�__..� �___��� .. �������"���
N���z ��� Public, State �s�" Texas
l�J
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
��
BY �..f&;��� ���.�;�,.��,���,�''"�, ����� ��,�' �.�.._�:�r� ��� �
F �
�.�
�, �w
�
� � r a� �
"� � �� �� �� �� ��� �
�., � �� �`,� � �.R��'i ���� ���� ��
� �� �" �,� r°�
�° � �
After recordin� return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�Planning�,Annexations�2016 Annexations\NCJ\3.4.16�DH-3�I,ynch 37037 162919 162917 Non-annexation Agreement 2016.doc
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
2016 NON-ANNEXATION 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 and Claudia Lynch
("Owners"), the property owners of the hereinafter described property (the "Property") in Denton
County, Texas, sometimes individually or collectively referred to as "Party" or "Parties":
Being 2.408 acres of land, more or less, situated in the Jeremiah Dalton Survey, Abstract No.
353, Denton County, Texas, and being more fully described in that certain Warranty Deed with
Vendor's Lien dated June 30, 1987 from Kenneth Reese Morgan and Jennifer Morgan a/k/a
Jennifer Jopling to William Clinton Lynch and wife, Claudia P. Lynch, filed for record on July 2,
1987 and recorded in Volume 2190, Page 507 of the Real Property Records of Denton County,
Texas. Said 2.408 acres of land, more or less, is commonly known as DCAD Property ID 37037.
That property described in deeds to William Clinton Lynch and Claudia P. Lynch, which are
recorded at vol. 2190, page 507 and vol. 2981, page 771, of the Deed Records of Denton County,
Texas, and commonly known as Tax Parcel Nos. 162919 and 162917, consisting of
approximately 6.51 acres of land.
RECITALS
WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given
notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an
"Annexation Area" that includes the above-described Property which was and is subject to the
provisions of §43.035, Tex. Loc. Gov't Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non-
annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't
Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in
lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not
otherwise excluded by operation of State law; and
WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §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 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
��
�� � m.. � � w � �i� ,� �� � � � � r� �a� �.� µ
. ���
�
WHEREAS, based upon Owners' representations and City's investigation, it appears that
the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex.
Tax Code; and
WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016;
and
WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016
NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously
executed by the Parties for all purposes, until such time as stated herein; and
WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed
with the City within the time allotted, then the Owners have already received notice of the City's
intent to annex the Property and the Property may be annexed upon the City's institution of
annexation in Apri12016; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as
set forth herein, and Owners represent that it is their intention not to develop the Property during
the term of this Agreement; 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, 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).
2
Section 3. Governin�Qulations. 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 current Denton Plan, 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 most recent North
Central Texas Council of Governments Standard Specifications for Public Works
Construction, North Central Texas (NCTCOG Manual);
(3) Denton building codes, as adopted by the City and currently contained within Denton
Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments,
both as from time to time amended, and more particularly set forth as follows:
a. International Building Code, 2012 Edition with local amendments;
b. International Residential Code, 2012 Edition with Appendix G and local
amendments;
c. The International Fire Code, 2012 Edition with local amendments;
d. International Plumbing Code, 2012 Edition with local amendments;
e. International Fuel Gas Code, 2012 Edition with local amendments;
f. International Mechanical Code, 2012 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, 2012 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 Chapter 33, Denton Code of Ordinances, as
amended;
(5) Applicable water and wastewater connection, construction and on-site operation
requirements, contained within Chapter 26 of the Denton Code of Ordinances, as
3
amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and
Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water
Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code,
as amended, and applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as contained within
Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC,
as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented
by requirements of the Texas Water Code, as amended, Texas Natural Resources
Code, as amended, applicable administrative standards of the Texas Commission on
Environmental Quality, as amended, and applicable administrative standards of the
Federal Emergency Management Administration, as amended; and
(7) Gas Well platting, drilling and production standards, as contained in the most recently
amended Gas Well Ordinance and subchapter 22 of the Denton Development Code,
as amended and as applicable, and as supplemented by requirements of the Texas
Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and
applicable administrative standards of the Texas Railroad Commission and Texas
Commission on Environmental Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following expiration or termination
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect.
Section 5. A�reement Deemed Void in Par�; Vnluntarv 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,
or at any point thereafter, 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. This section shall survive
any termination of this agreement.
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. Chan�e in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties
_.���.�...._......� ���_�,�. �
this Agreement shall terminate on August 1, 2020. 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, as well as the
consent provisions in Section SB, shall survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
5
Owners ���'�"""
� ���,�
W
..
C�'1'��. � C ,� � �..���,�
.... �.� .� _� �.,
William Lynch `�
��
�
�� �.mm..�.� �� ��
�r.� _ �. .....�a
Claudia Lynch
THE CITY OF DENTON, TEXAS
,
.�
� �� � � ..
�� �
B� � � � ;�.� � � �:.. �",. �� �
�,� � � �
� � �� � �� ��� .
City ���C����w� � Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS
.K�1�1► Y 11•(�] ��7 �► I I C�l ► I
This instrument was acknowledged before me on the � day of n'�,����',,,,,,,,,�,,,�,,,y,,,,,,,,,,,,,,,,,,,,, ,
2016, by William Lynch.
����� � � �
�� �� ��� ��� m ���
u�adx� 'm�9���"u"�����4����%
�
a� °�Jr7r"° m°os" b&oi�;�ti�p"tu4eVdw',� �9d�;i ��i� W� w��w
� �" W�;
�� ` � ,�"^� r,,dG'rav� I�g'iiN�� + kN� ti���d" �4U d`w �
'� r�,��"��m'� V "'�,
6 � � �� � v�`h����wuM��^ ��r I� �
Y�° b � �� �.e �� �os:�«.�:� ��uo �:
�.e.w. "°.�.w....«�" NIIIOIU.�mmN��.w� . ��
u +„wi6�s�� . .. �WiM'�
THE STATE OF TEXAS
CK�1�1►1�11'(����7�►1�C�l�l
� � �� � ���
. � ,.,,,.,., �"�"��......,,, ......�.
Notary Public, State � f"��.�,��,
g �� y .�.m� �, � r�
This instrument was acknowled ed before me on the da of „CYiGh. �,�,
r ��V�.�.,,�� ��� °��w�. � � �
���� ���
n� � ��..�
"i�� � r� 'reW��'�����H� � �'�"��i�� ���8
�u ���� � C'8�;"ikr N�+�a �r.d�:r4o� "a�e"��r� i i� �� a�C:��,
` �� °° ; r
,� '� �� r �,�,u;����w�i ���,p�dru � 1i4:��-�N�� n:�l��
�
� �rRnm��w�"��� Il��h�i�,�u'� �II I� � �M lu����� � �r
�.�o. � �.... �����o. .wom.,
�.�,w���a;rm�re� �wu�i �" m�� I
THE STATE OF TEXAS
COUNTY OF DENTON
�� �°° � �������
� �.�.,....____� " .... .. .�W��__,_
Notary Public, State , Texas
� ��
This mstrument was acknowl�;�i�a;c� before e��� �a�� t�� _www,,���, � c:[��y a1' _„� w, �� ,"�C� 1��„ ���
�p�. �
��"���°. �,��.d� � . � ��' ;",� � �__ , City Manager/Deputy +C"it�r 11����.�rt��t�r���"��}+���������`�.ci.
Representative, on behalf of the City of Denton, Texas.
C
..;�wwwu'a!'� � ��iimswwwu.��� wmwwr.w��.u�.w.. �. uuwm�www!mrr� �
�.� ..���� .., ��, „�
�� b � iV�� � 1V'��'� ��F�'1���1���A�i��G�1�
�'` � ��� l4�dVm�u���"@"4RRbVg+%; tiRo�Y'��#:�V Vi �s� ��
��,�' � � 9����'��`��� 1i ��.��,r,�9 "4 ���� ,r" �°,��,4.k"B d`
�$o�Va�k�114PV,&:i;v°��� llul��1����U11F III���Af�u��fill'�"�
ua�� ' �m�uiu` ��;i�Uwm�i��wwiwuoiuia��uoiwuwm�r
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
ry � �
� .
BY.�`° �, 1� ��__� � �� _.... ��.:� �'�m,� �" � . �
� �"" , � � � �
� ��.;� � n � ��� �� � .
� m � . �.� �
� � �' � �,, f � ��� � �
� .. �...;�
__ � a�
.���
� ..
� ..� —�� � �� �,�'� ,, ��� r ..
�f�� :����� Public, State of Texas
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
r , . � - ��� �� � l . ���+�♦ � � `���, ±;,� . - ��) w ����
� n � .�. °� �;� �... � �'� � �a N "" �y t� m �U �
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
2016 NON-ANNEXATION 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 Fay Charalambopoulos ("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 76.768 acres of land, more or less, situated in the Jeremiah Dalton Survey, Abstract
No. 353, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated September 21, 1982 from Cuauhtemoc Tim Villasana to
Fay Charalambopoulos, filed for record on September 22, 1982 and recorded in Volume
1166, Page 235 of the Real Property Records of Denton County, Texas. Said 76.768 acres
of land, more or less, is commonly known as DCAD Property ID 37036.
RECITALS
WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given
notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an
"Annexation Area" that includes the above-described Property which was and is subject to the
provisions of §43.035, Tex. Loc. Gov't Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non-
annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't
Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in
lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not
otherwise excluded by operation of State law; and
WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §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 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, based upon Owners' representations and City's investigation, it appears that
the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex.
Tax Code; and
WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016;
and
WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016
NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously
executed by the Parties for all purposes, until such time as stated herein; and
WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed
with the City within the time allotted, then the Owners have already received notice of the City's
intent to annex the Property and the Property may be annexed upon the City's institution of
annexation in Apri12016; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as
set forth herein, and Owners represent that it is their intention not to develop the Property during
the term of this Agreement; 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, 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. Governin�gulations. 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 current Denton Plan, 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 most recent North
Central Texas Council of Governments Standard Specifications for Public Works
Construction, North Central Texas (NCTCOG Manual);
(3) Denton building codes, as adopted by the City and currently contained within Denton
Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments,
both as from time to time amended, and more particularly set forth as follows:
a. International Building Code, 2012 Edition with local amendments;
b. International Residential Code, 2012 Edition with Appendix G and local
amendments;
c. The International Fire Code, 2012 Edition with local amendments;
d. International Plumbing Code, 2012 Edition with local amendments;
e. International Fuel Gas Code, 2012 Edition with local amendments;
f. International Mechanical Code, 2012 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, 2012 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
N. Irrigation Standards, Denton Code §§28-441 — 457;
(4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, 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 the most recently
amended Gas Well Ordinance and subchapter 22 of the Denton Development Code,
as amended and as applicable, and as supplemented by requirements of the Texas
Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and
applicable administrative standards of the Texas Railroad Commission and Texas
Commission on Environmental Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following expiration or termination
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect.
Section 5. A�reement Deemed Void in Part; Voluntarv Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Upon expiration, or upon breach or termination of this Agreement for any reason,
or at any point thereafter, 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. This section shall survive
any termination of this agreement.
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. Recordin . This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on August 1, 2020. 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, as well as the
consent provisions in Section SB, shall survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
Owners
��� a'�,� �':u�. � ����s a��,,
........��.� ...
Fay aralambopoulos
E
THE CITY OF DENTON, TEXAS
�� � �����
��� ��� ��� ,���
B��,� � „rvrv.�, �� ��"�+�"�'�^�m�,�„� ..,�..,
City 3"'�����K��;� , Deputy Crty i"v�����rt��:��, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the ���' ������������ of ���� ��
2016, by Fay Charalambopoulos.
��'""�°"�"'""� MARIA C. SCHINDEL f°�
�.`���'"� ���'��.
�,� , ��, � ID # 11883802 �
� �„ � � � Notary Public, State oi Texas �` °~-��"� ,� ;��� �,���� ������ � �`��" � � � ����� .��,���.,y.
�.�� A.ly Commisslon Expires
���"�'�� � ��' �... .� � �,. � �_____
`��M+d�p��"� 05/03I2016 Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
ll�ri�» mstrument � �s ��9���a�^avla��l ��t1 before �r�� �rr� �:1t� ���"� "" �:��t�+ c�� _�'����� �- , ���]�a, L��r
� � �...
........ �'...� �"������ ....�.�'m... �"� ���"�4�� �, � �,.---��......�� City Manager/Deputy �.�a�.y ������s���al��C:���i�,���t��i
Representative, on behalf of the City of Denton, Texas.
������ � o� ,�o� ��,� ������ ����� ��w�r
� ��. pII I IIpII fi,p Iy ap �
.� fl?Y�p� p�I�^4 II� IIf4N.,oq�d"W4'�II!"��D4�Y4�
C �.iuruax� 6.
F ��� `a��wi�ar�ru��MvfPu�irs��r,���;�,�;u��au�����a�r��, �
^"� ��' ^�F�`�V�^%�4�. R.rGI�� 4b4� �'N ��b%'9
�..
�. � � ti�^� ,,° P'wO�G"�'J � a�P�P�'w' A� �:� � �,'�'� ;d.' 9 �R
r
dmuqron
. ��NdWWVI �`�'^'^b'q'�NII�b�IMI�N4MtlN �^�M1'�"���0�1!WWumv,�ONM�M14dl'q�.:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
��.,
� �� ��� ��.� � � J'
�" �' � �
.� � —� � =�:��.�..�_�N ��
Nc�iK��� Public, State of Texas
� h
k �.
BY: � ;F���: °�"�� °"�:����.. �. � � �. ...� M�`�..���^.� �� �., � �.�.�,r,
� ��., ����� � �9� �������� ����M��������.,�������..��
�� ` ��
� �.,�
�
After recordin� return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:\Planning\Annexations\2016 AnnexationsWCJ\3 4, I6\DI-1-3\Havenhill ['amily Trust 41547 Non-annexa[ion Agreement 2016.doc
CHAPTER 212 TEXAS LOCAL GOVERNMENT COD�
2016 NON-ANNEXATION 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 Pam Massey, Trustee, Havenhill
Farnily Exempt 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 51.367 acres of land, more or less, situated in the T.W. Daugherty Survey, Abstract No.
357, Denton County, Texas, and being more fully described in that Distribution Deed to Estate
Beneficiary dated July 19, 2005 from Jessie H. Havenhill, Independent Executor of the Estate of
Ralph G Havenhill, Deceased to Jessie H. Havenhill, Trustee of the Havenhill Family Exempt
Trust, filed for record on July 20, 2005 and recorded in Instrwnent Number 2005-88434 of the
Real Property Records of Denton County, Texas. Said 51.367 acres of land, more or less, is
commonly known as DCAD Property ID 41547.
RECITALS
WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given
notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an
"Annexation Area" that includes the above-described Property which was and is subject to the
provisions of §43.035, Tex. Loc. Gov't Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non-
annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't
Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in
lieu of the City's annexation in 20] 5("Extended NAA"), of all land in the Annexation Area not
otherwise excluded by operation of State law; and
WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §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 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, based upon Owners' representations and City's investigation, it appears that
the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex.
Tax Code; and
WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016;
and
WHEREAS, the City desires to allow the Property to remain in the City's extraterritarial
jurisdiction ("ETJ") far the term af this 2016 non-annexation agreement (hereinafter, the "2016
NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously
executed by the Parties far all purpases, until such time as stated herein; and
WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed
with the City within the time allatted, then the Owners have already received notice of the City's
intent ta annex the Property and the Property may be annexed upon the City's institution of
annexatian in April 2016; and
WHEREAS, Owners hereby accept this affer and agree to the terms of this 20l 6 NAA, as
set forth herein, and Owners represent that it is their intentian not ta develop the Property during
the term of this Agreement; and
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upan the City and the Owners and their respective successors and assigns for the term of
the Agreetnent;
WHEREAS, this Agreement is to be recarded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as fallows:
�, mmmmmm ETJ Status. The City guarantees the continuation of the
ectton 1. Continuation of
extraterritorial status of the Property and agrees not to annex the Property far the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upan by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners cavenant and agree that use of the Praperty
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 custamary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
an a lot smaller than five (5) acres unless the lot was created prior to the date af this Agreement.
The property owner may apply ta the City for division af the land subject to this Agreement inta
parcels, each af which ►s at least iive (5) acres in size, for the purpases set forth in this section
without being in violation af this Agreement. Such uses and activ►ties constitute the
development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governin� Regulatians. The fallowing City regulations shall apply to any
develapment af the Praperty, 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
2
with the use of the land for agricultural, wildlife management or forestry purposes and daes 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 Develapment Code ("DDC"), as amended
pursuant ta the current Denton Plan, as amended, including but not limited to the
(RD-5) Zaning 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 Dento►1, Texas, and the most recent North
Central Texas Council of Governments Standard Specifications for Public Works
Constructian, North Central Texas (NCTCOG Manual);
(3) Denton building codes, as adopted by the City and currently contained within Denton
Code Chapters 17, 2$ and 29, and DDC Subchapter 24, along with local amendments,
both as from time to time amended, and more particularly set forth as follows:
a. International Building Code, 2012 Edition with local amendments;
b. International Residential Code, 2012 Edition with Appendix G and local
amendments;
c. The Internatianal Fire Code, 2012 Edition with local amendments;
d. International Plumbing Code, 2012 Edition with local amendments;
e. International Fuel Gas Code, 2012 Edition with local amendments;
f. International Mechanical Code, 2012 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, 2012 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
I. Irrigation Standards, Denton Code §§28-441 — 457;
(4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as
amended;
(5) Applicabie water and wastewater connection, constructian and on-site operation
requirements, contained within Chapter 26 of the Denton Code of Ordinances, as
amended, and Subchapters l 6 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 requ►rements of the Texas Water Code, as amended, Texas Natural Resources
Cade, as amended, applicable administrative standards of the Texas Commission on
Environmental QuaJity, 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 the most recently
amended Gas Well Ordinance 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. Develapment Plan to Remain in Effect. Pollowing 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 unti( the effective date of the annexation
and permanent zoning of the Property, whicllever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect.
Section 5. A�reement Deeirred Vnid in Part�; Voluntarv Annexation,
(A) lf an Owner iiles 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 l and 3 ofthis Agreement shall thereupon become null and void.
(B) Upon expiration, or upon breach or termination of this Agreement for any reason,
or at any point thereafter, 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 fiirther agree that such annexation by the City shall be
deemed valuntary, 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. This section shall survive
any termination of this agreement.
�
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 ar grantee. A copy of the notice shall be farwarded to the City at the
following address;
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or
caurt 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 caunterparts and, upon execution, shall constitute one and same instrument.
Section 13. Terin „and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on August l, 2020. The Effective Date of the Agreement shall be
the date the Agreeinent 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, as well as the
cansent provisions in Section 5B, shall survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
Owners
,..�
� �
�
�
� ���"�'�^"�......�" .,'�: ��.���'''...^'�� '���-,
� �w�sey, Trustee of the
�
Havenhill Family Exempt Trust
THE CITY,�F I)I°�l�"I"�����L �.�� � ��
�� ��" � � ��
B .� �_
�� � �. G•, � � .. �� � ... �,, ,�_.. ,__
Y �� m
Crty ��� b �w , ,��N�r��t� ��'a��� '�"N z�������.,��r°, or..
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me ���s
2016, by Pam Massey, Trustee of the Havenhifl I�� '''� �w���Axa� e a a�,�����,�,� �,���,��������
'�"���� ��� �
� p� 'aw �; N�m�w'u���u��� ���V�uu� � ���r�ld�m ���� �w�u��w^��
�� �� n���� � �m��u"��"�� V�'���wum���� 4�����-"��V�'�
THE STATE OF TEXAS
COUNTY OF DENTON
�.� �"µ „� ��� � ,�
�, �'�.� ° �
�
T�h��n�s��nen�����,����a����Bedged�before me� �n thMana uer/De ut Co� ����my�� -" 2016, by
, day of ��rM"� ��"
� �
� "� �� Y g p Y �� ��A�J��:iesignated
Representative, on behalf of the City of Denton, Texas,
�s ��� �P�@ Il a�V�w� � uoio iummi � � � � �m%umw�wwwmw � „ a,,.
u� " �WWII�I���n n��M"��4fl@ '&N��"�iF.� � ,,,,,� �
�'� z, � ��14��. ��II II�I��,� �.w mII
�uueftl4 �, �� u�m�rv� �'���W R •" an � ���"
w, P �� � ......... ......
............._.. -------- e,�
� � � �"�„���� � ��� �f, Not�: ,w Public, State of Texas
��
� � r�� � ��� ��" ��9 � �
.1��;������°.������ ..����"����°���������"����.���.�..�� ,
�r�� �°� ���f�t�r�:��, c:`�°N � � � °i �� ��aN:�
u ��
,� � �
BY; ...��''{��'��������, �� `�Y �� ��� ����.��p,�����._4��'"..��
� � �� ' � e,�"� �°;P'�°� �����.���-,� �a � ,,�� � � �,�'�e���
�m���� ��� � � � ���� � ��
0
After recordin� return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�PlanningWnnexations�2016 Annexations�IVCJ\3.4.16�DH-3\Gandy 37011 Non-annexation Agreement 2016.doc
�� I�:�. R� �:.. � u �::. �� �'��m���' � �: �.����u
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
2016 NON-ANNEXATION 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 Dana Gandy ("Owners"), the
property owners of the hereinafter described properry (the "Property") in Denton County, Texas,
sometimes individually or collectively referred to as "Party" or "Parties":
Being 10 acres of land, more or less, situated in the J. Dalton Survey, Abstract No. 353,
Denton County, Texas, and being more fully described in that certain Warranty Deed with
Vendor's Lien dated August 24, 1979 from H. L. Handley and wife, Ruby Handley to John
H. Gandy and wife, Dana J. Gandy, filed for record on August 28, 1979 and recorded in
Volume 971, Page 251 of the Real Property Records of Denton County, Texas.
SAVE & EXCEPT: 3.00 acres of land, more or less, situated in the J. Dalton
Survey, Abstract No. 353, Denton County, Texas, and being more fully described
in that certain Warranty Deed dated January 31, 2001 from John H. Gandy and
Dana P. Gandy to John Scott Gandy and Kena R. Gandy, filed for record on
February 1, 2001 and recorded in Instrument Number Volume 4766, Page 1110 of
the Real Property Records of Denton County, Texas. Said 3.00 acres of land,
more or less, is commonly known as DCAD Property ID 231354.
The remaining 7.00 acres of land, more or less, is commonly known as DCAD Property ID
37011.
RECITALS
WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given
notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an
"Annexation Area" that includes the above-described Property which was and is subject to the
provisions of §43.035, Tex. Loc. Gov't Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non-
annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't
Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in
lieu of the City's annexation in 2015 (`Bxtended NAA"), of all land in the Annexation Area not
otherwise excluded by operation of State law; and
WHEREAS, Tex. Loa Gov't Code §43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §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 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, based upon Owners' representations and City's investigation, it appears that
the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex.
Tax Code; and
WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016;
and
WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016
NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously
executed by the Parties for all purposes, until such time as stated herein; and
WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed
with the City within the time allotted, then the Owners have already received notice of the City's
intent to annex the Property and the Property may be annexed upon the City's institution of
annexation in Apri12016; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as
set forth herein, and Owners represent that it is their intention not to develop the Property during
the term of this Agreement; 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, 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.
2
The property owner may apply to the City for division of the land subject to this Agreement into
parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section
without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governin�Re�ulations. The following City regulations shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
this Agreement, provided that the application of such regulations does not result in interference
with the use of the land for agricultural, wildlife management or forestry purposes and does not
prevent the continuation of a use established prior to the effective date of this Agreement and
which remains lawful at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code ("DDC"), as amended
pursuant to the current Denton Plan, 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 most recent North
Central Texas Council of Governments Standard Specifications for Public Works
Construction, North Central Texas (NCTCOG Manual);
(3) Denton building codes, as adopted by the City and currently contained within Denton
Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments,
both as from time to time amended, and more particularly set forth as follows:
a. International Building Code, 2012 Edition with local amendments;
b. International Residential Code, 2012 Edition with Appendix G and local
amendments;
c. The International Fire Code, 2012 Edition with local amendments;
d. International Plumbing Code, 2012 Edition with local amendments;
e. International Fuel Gas Code, 2012 Edition with local amendments;
f. International Mechanical Code, 2012 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, 2012 Edition with local amendments;
j. National Electric Safety Code, 2012 Edition, with regional amendments;
k. Minimum housing and building standards, Denton Code §§28-383 — 437 and
§§ 17-141 — 210, as amended and as applicable; and
1. Irrigation Standards, Denton Code §§28-441 —457;
3
(4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, 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 the most recently
amended Gas Well Ordinance and subchapter 22 of the Denton Development Code,
as amended and as applicable, and as supplemented by requirements of the Texas
Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and
applicable administrative standards of the Texas Railroad Commission and Texas
Commission on Environmental Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following expiration or termination
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect.
Section 5. A�reement Deemed Void in Part; Voluntarv Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Upon expiration, or upon breach or termination of this Agreement for any reason,
or at any point thereafter, 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
4
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. This section shall survive
any termination of this agreement.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Seyerabilitv. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on August 1, 2020. 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, as well as the
consent provisions in Section SB, shall survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
5
Owners
� �. � "`"�� ���, �, `� � . �m�� ��W�_..,.
� �„�.�� � ....
n. �
Dana Gandy ���..
THE CITY OF DENTON, TEXAS
,���r � �„�� �� �,��
�� � ����„ � � A�� ��
By ����'� ��" ��e.� � �,u�� ,�,,.
City ������� � �'q ����c�t� City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the 'T� day of �� mm�`� f w� ___ ,
2016, bv Dana Gandv. �
��� ��� � � .��� �� .�.,' .� p
" "°° ° � CAROL BRASHIER
:�',�" "�
Notary Public, Siote of Texos
, � � My Commission Expires
��>�� ti,� , 2016
�
d 4
� p 0
�� *��lnw�„� A rll3�,a.._,� ��.....�.._��
�r��,w° °
THE STATE OF TEXAS
COUNTY OF DENTON
, ��, � �i
�J °
� �� r ��
�
�� � � ��� �o�
�°� "� " ��'�� , a� � �� �..� :_: ... _.._.
1�f�at��.s-�r Public,W �i��t� of Texas
� �� a,r1 �s��:.������-� me on the � � da of � � � � �, 2016 by
� "� ° ���'� � �.� . �, Ci Ma a �e D ut� �."��� M�.:�. �._..__., ,
� r
This mstrumen���r���, ���°tl����w,% ��: " � g p y anager/Designated
��.�.����.m�, �. _.
Representative, on behalf of the City of Denton, Texas.
. � ��� �,�+ ,� �y,�i mio rrimM ww�'oN� u��b.�
waurdosd ��liR�1G i� o� � 1"'�4�" ���e� N�,,�� �4�����+� ,�.�
�,o� ���.��'
� r�,;;°"� ,��rk�r�PrW ap#u����u,.ua ,I�GN.�,`:sl �a �w.a
o �°�'�,.. � ����"�b�°i4�� l"���,a�r�9d 61�� �'.°� �id��"�
� ..q„�
�d��oupµ�� 9�P6g1�°M�k�"46�������r��"��I w�
�� „�,��oo��"o�o�����,������������u�����������N�
a., �... m �� ,
w.. W.r � ���.�, � �' ,,, �B . ����� �J
��N��ta� �� �'��1�����:� �tate of Texas
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
� p � '
BY. �'��� ,�� p°k,��d � �'�,.� � ��.�� ... �..�� � ����''�� �'� �..
�' � ,� �' � �
� � rn� �` r �,��'.. �'� w ,.,.� ��� ��� � � , ����� � �' �m��.-�-
� W ��� ,w� �
After recordin� return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�Planning�Annexations�2016 Annexations�NCJ�3.4.16�DH-3\Gandy Living Trust 37025 Non-annexation Agreement 2016.doc
�� �'' �a �;;. � � �"� N„� ����V�� � �,; ����D
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
2016 NON-ANNEXATION 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 Dana Gandy ("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 5.0 acres of land, more or less, situated in the J. Dalton Survey, Abstract No. 353,
Denton County, Texas, and being more fully described in that certain Special Warranty
Deed dated September 6, 2005 from John H. Gandy and his wife, Dana P. Gandy to The
John H. Gandy and Dana P. Gandy Revocable Living Trust, filed for record on November
1, 2005 and recorded in Instrument Number 2005-136596 of the Real Property Records of
Denton County, Texas. Said 5.0 acres of land, more or less, is commonly known as DCAD
Property ID 37025.
RECITALS
WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given
notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an
"Annexation Area" that includes the above-described Property which was and is subject to the
provisions of §43.035, Tex. Loc. Gov't Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non-
annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't
Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in
lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not
otherwise excluded by operation of State law; and
WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §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 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, based upon Owners' representations and City's investigation, it appears that
the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex.
Tax Code; and
WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016;
and
WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016
NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously
executed by the Parties for all purposes, until such time as stated herein; and
WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed
with the City within the time allotted, then the Owners have already received notice of the City's
intent to annex the Property and the Property may be annexed upon the City's institution of
annexation in April 2016; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as
set forth herein, and Owners represent that it is their intention not to develop the Property during
the term of this Agreement; 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, 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. Continuationwwof ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Properiy 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. �c�v���ca r�`��r�� Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement.
The property owner may apply to the City for division of the land subject to this Agreement into
parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section
without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governin�Regulations. The following City regulations shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
this Agreement, provided that the application of such regulations does not result in interference
with the use of the land for agricultural, wildlife management or forestry purposes and does not
2
prevent the continuation of a use established prior to the effective date of this Agreement and
which remains lawful at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code ("DDC"), as amended
pursuant to the current Denton Plan, 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 most recent North
Central Texas Council of Governments Standard Specifications for Public Works
Construction, North Central Texas (NCTCOG Manual);
(3) Denton building codes, as adopted by the City and currently contained within Denton
Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments,
both as from time to time amended, and more particularly set forth as follows:
a. International Building Code, 2012 Edition with local amendments;
b. International Residential Code, 2012 Edition with Appendix G and local
amendments;
c. The International Fire Code, 2012 Edition with local amendments;
d. International Plumbing Code, 2012 Edition with local amendments;
e. International Fuel Gas Code, 2012 Edition with local amendments;
f. International Mechanical Code, 2012 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, 2012 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 Chapter 33, Denton Code of Ordinances, 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 the most recently
amended Gas Well Ordinance and subchapter 22 of the Denton Development Code,
as amended and as applicable, and as supplemented by requirements of the Texas
Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and
applicable administrative standards of the Texas Railroad Commission and Texas
Commission on Environmental Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following expiration or termination
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect.
Section 5. A�reement Deemed Void in Part; 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,
or at any point thereafter, 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. This section shall survive
any termination of this agreement.
�
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Couies. 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 August 1, 2020. 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, as well as the
consent provisions in Section SB, shall survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
Owners:
John & Dana Gandy Living Trust
� "�
,
�' �' .�... ` �' �,� �. ��. ., ,��" ���.... ��� ... ���`...: � �.
�� �....
� ��..,
THE CITY OF DENTON, TEXAS
�
����,.� p „.� �'�" ������ � � ,�.�„�
� � ��� �
B ��„� ���� � � � � ° � � � ,�
y� ���, �,.�.�..e.
City @���t��.���•, ���a�;��y City CV9�r�����r, or w�
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
� �� . g �, � �,,,�.��� on the ��— day of �� I
This mstrument was acknowled ed l�a����� � e�,,,, �
, y ��� �. � �� � y� of the John & Dana Gandy Living Trust.
2016 b�'luUr s L� Cre.Yt. a�� ��`.��:' ������ k x��
�
� � � e xa���
� y���w°��r�a � ��� cnRoi sRnsHiea
�"�"�� �`+ � Notary Publlc, State of T�K6k6
�,� My Commisslon Explr�g
�.���� ��m����� Aprll 30, 2016
�uaaal�"rub^�w"* �
THE STATE OF TEXAS
COUNTY OF DENTON
"�7
� ;��' ��� '
�
���� � r. �������� ��� �
Nota�,���m __. �� . . �
ry Public, State of Texas
��r���^'�tl��`��rl, ��, ���1�����ca�v� �J���cl 4.��c��� ti��C �y 11�Manage�Depnty ��"���� ��"�°�� „—x �(�1��« ��r}�
�� ......_..� �
° ,� � � r°".� � �� �._�..�� �tz������ll:�����a��a1��:�.
Representative, on behalf of the City of Denton, Texas.
��»�������������� �����,�,�� p�������������e���
��'nu� «�,s Jr�l FIP f F'�4�Ff Vd�l'p?`,G�+I ➢�
, � I� � .`�, PJCale+,fkli� 4 AJIV dr ;,'iti'Ir"JI. Cal �rt �,r�°; �
�
ln. �d� ,��;;� I �i.�F�AJ��,l� �"���a ;�Gk m���%}�'� ,.
� ''�nJ�P`„°� � � 1dC,:Yf��l��`fP:'DfC�t1���"i �
N
.. ��.. imimi�ui m�ww�v,w�wumuv�wwwi�w,�9wr�u w LL� .� a�iVrm�uirw^�m�u u�mxiwr,� wr,�a�,wrrm,r�nrv�� ..
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY; �������,�� �� �d������� �1�..
��� ..���'_� °� �w � .. �"'����".
Nt �ti��-�� Public, State of Texas
��'��r����° � � %� � ��,,�;_.
�� m � �
3
After recordin� return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201