The URL can be used to link to this page

2016-115S:\Legaf\Our pocumersts\�rdinances\16iDH�4 ;acc�pting non nexation agreernents.dou ��\' � �'• AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE NON-ANNEXATION AGREEMENT(S) FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH-4, AN AREA OF APPROXIMATELY 347 ACRES LOCATED ON THE EAST SIDE OF BONNIE BRAE STREET, WEST OF FORT WORTH DRIVE, EAST AND WEST OF VINTAGE BOULEVARD; 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-4, 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. Gav'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 agriculi�r��a�;� wildlife management or timberland within the area to be annexed; and r'� WHEREAS, under a non-annexation agreement pursuant to Sec. 43.035 and 212.172��f the Tex. Loc. Gov't Code, the land subject to the agreement retains its extraterritorial status,z�a�c� 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 propert� in the area for an additional five (5) year term in light of the growth of the Denton area, the need to assure orderly growth, and the inadequate land area currently within the Denton city limits; and WHEREAS, the 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 �ime 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 to 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, TL11idt.LiFoi�.Ey THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: s:\legal\our documents\ordinances\16\dh-4 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-4, 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. . � .........................................._...m_ Passed by the City Council this �� day of ��, � 2016. ,� I � � � �� r � , � ` '� � �° �� ro �` �� d�� '�� .�,.m._. �:._ �._ .. .. � .� ....... CHRIS °�v'a� � i �, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY : �11'1'[t ' �"� �,1:3 �,� TO LEGAL FORM: ANIT BURGESS, CITY ATTORNEY : Page 2 EXHIBIT "A" Annexation Tract DH4 ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being wholly surrounded and fully embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows: Ordinance 1969-40 (Tract III), Ordinance 1979-82, Ordinance 1980-1, Ordinance 1991-33 (Tracts 1& 3), and Ordinance 2001-92; and being more specifically described as follows: DH-4 BEGINNING at a point at the southeast corner of the property described in Ordinance 91-033, Tract I, being a point at the intersection of Allred Road and Bonnie Brae Road; THENCE North 00° 39' S3" West, 3,265.02 feet along Bonnie Brae Road to a point, said point being the northeast corner of the property described in Ordinance 91-033, Tract I, and also being the southeast corner of the property described in Ordinance 91-033, Tract III; THENCE northerly along Bonnie Brae Road to a point, said point being the southwest corner of the property described in Ordinance 2001-092; THENCE South 89° 29' 08" East, 1700.62 feet along the south line of the property described in the Ordinance 2001-092 to a point; THENCE North 88° 46' 32" East, 1502.66 feet along the south line of the property described in Ordinance 2001-092 to a point for a corner; THENCE North 00° 47' 19" West, 2294.14 feet a point for a corner; THENCE southerly along and near the median of Hickory Creek, a series of ineanders totaling approximately 2411.54 feet to a point; THENCE South 20° 31' 17" East, 21.90 feet to a point for a corner, said point being the northwest corner of disannexation tract described in Ordinance 80-1, Tract III; THENCE southwesterly along the north boundary line of the property described in Ordinance 80-1, Tract III, same being the center of the Channel of Hickory Creek to a point for a corner at the intersection of the north boundary line and the west right-of-way line of the Texas and Pacific Railroad; THENCE Southwesterly along the right-of-way line of the Texas and Pacific Railroad to a point for a corner, said point being the southeast corner of the property described in Ordinance 80-1, Tract III and the northeast corner of the property described in Ordinance 79-082; THENCE continuing southwesterly along the right-of-way line of the Texas and Pacific Railroad as described in Ordinance 79-082, to a point for a corner, said corner being the southeast corner of said ordinance and the also being the northeast corner of the property described in Ordinance 69-40, Tract III; Thence northerly to the Point of Beginning, containing 347 acres, more or less. EXHIBIT "B" EXHIBIT "C" S:�Planning�.Annexations�2016 Annexations�NCJ�3.4.16�DH-4�Burch Family Farm 64685 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 Burch Family Farm, Ltd. ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 140.607 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated September 6, 2007 from Richard L. Burch to Burch Family Farm, Ltd., filed for record on September 13, 2007 and recorded in Instrument Number 2007- 110039 of the Real Property Records of Denton County, Texas. Said 140.607 acres of land, more or less, is commonly known as DCAD Property ID 64685. RECITALS WHEREAS, 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 �� 1� :� �� .... � G� 11 �� D � �;� "��,M� �� .. �� 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 l. Continuation of 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. 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� 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 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; 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. � 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: Burch Family Farm, Ltd. � �W „� �,�� .� � By _��:��'... ��:� ��'�° � � � � .�,�..� �� - ��. 5 THE CITY OF DENTON, TEXAS �.� � �� ,. � o,� �� µW� � �,�� By: � w� � City ��.tx�G��m��Deputy City Manager, or Designated Representative IIYOI�I.y11I:11Y�[�]�IIYD►:I:`.y COUNTY OF DENTON �.,. This i��-��t ��.� acknowledged before me on the �_ day of ��" �'�i'� ,,d �, _, ' � on behalf of Burch Famil Farm Ltd. 2016, by n�... �� .w ��.�� : � ��.�..�� .��.� Y � �� :�9 ��`� ° �� „ � �� '� ' ��9�� N �� °�� ' °�'� �W � �"� �� 8�f 4�� °;� ��/'4� � ��o�� THE STATE OF TEXAS COUNTY OF DENTON � � � �� , N��C��`: °"� � ��'�� ....:�� ........... ......____._.�a y�'�i � �i.��:„ State of Texas '" '�� Ci Man er/De ut Cit Mana �� 016 by I"lt� � a��^�� day of � �� , � � ��cta4 �� cB��r� b�c� ��C ��cas�� me on the � -___�.._�� , �� _�w�., tY g P Y Y ger/Designated Representative, on behalf of the City of Denton, Texas. Iio� uami �mm¢�mrw:�wmpww�mm�.m�m. ��mmm ��m�w�w�uVuuu ��w� �. � gntiwvn„ . ,b�+�l"�II° tl If��u�84s�V��°�"�4"�Q�.�� , � �o� � � ��y � s°,�r'��'��b�wl��u�a��.C¢ �Vr��u��.a;°�9 u� �H��'�. ` r d'"�� , �wA�.�l\,�P� �°,��P" ��Qu 1"� "(b � � . w„ w8 ,,�o�,,;;. �,��;«� a��7�a��a'd $V u �'z�� ro��W�, ' �� "��NQ�� y�� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �,m � �� °� � �� ,�, �.F � � � � � �.� .�' . .. . �.. ,°�_, ... � ��"" Nc�l��`� Public, State of Texas r � � BY: _�'�/�;I �� °� '� � `.--__.__�,� I� �+��"� /� � s'�.4^^m� �� i �` � ��,,�� .,�, �� r� ,� �� p�` "�,, �� ' � ��r ��W� _�� Qd• � � � � � � � After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�.Annexations�2016 Annexations\NCJ�3.4.16�DH-4\Wilkes 132660 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 Mont and Emrie Wilkes ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being an 80.133 acre tract of land, more or less, and a 20.00 acre tract of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described as Tract I and Tract II, respectively, in that certain Special Warranty Deed dated August 21, 2000 from Calvary Cathedral, Inc. f/k/a Calvary Evangelistic Temple of Fort Worth, Inc. to Mont L. Wilkes and Emrie A. Wilkes, husband and wife, filed for record on August 25, 2000 and recorded in Volume 4661, Page 350 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 10.50 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated January 22, 2001 from Mont L. Wilkes and Emrie A. Wilkes, husband and wife to Rodney S. Preston and Kathy A. Preston, filed for record on January 24, 2001 and recorded in Volume 4760, Page 1432 of the Real Property Records of Denton County, Texas. Said 10.50 acres of land, more or less, is commonly known as DCAD Property ID 233817. Additionally SAVE & EXCEPT: 7.000 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Special Cash Warranty Deed dated September 13, 2000 from Mont L. Wilkes and Emrie A. Wilkes, husband and wife to Timothy T. Sutton and Jeanna M. Sutton, husband and wife, �led for record on September 14, 2000 and recorded in Volume 4674, Page 1217 of the Real Property Records of Denton County, Texas. Said 7.000 acres of land, more or less, is commonly known as DCAD Property ID 227860. Additionally SAVE & EXCEPT: 21.543 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain General Warranty Deed with Vendor's Lien dated February 8, 2001 from Mont L. Wilkes and wife, Emrie A. Wilkes to Philip L. Pierce and wife, Deborah D. Pierce, filed for record on February 14, 2001 and recorded in Volume 4775, Page 617 of the Real Properiy Records of Denton County, Texas. Said 10.50 acres of land, more or less, is commonly known as DCAD Property ID 76883. Additionally SAVE & EXCEPT: 10.710 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Warranty Deed dated March 1, 2001 from Mont L. Wilkes and wife, Emrie A. Wilkes to Jack Brandenburger, filed for record on March 5, 2001 and recorded in Volume 4787, Page 690 of the Real Property Records of Denton County, � ,f � '' �1� :;� — �`� G� _... ;� c.:� 'N �� b � � m �° � � �" �� Texas. Said 10.710 acres of land, more or less, is commonly known as DCAD Property ID 233816. Additionally SAVE & EXCEPT: 11.958 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated February 4, 2002 from Mont L. Wilkes and Emrie A. Wilkes, husband and wife to Bradley A. Burks and wife, Mishelle L. Burks, filed for record on February 20, 2002 and recorded in Volume 5027, Page 1036 of the Real Property Records of Denton County, Texas. Said 11.958 acres of land, more or less, is commonly known as DCAD Property ID 241741. Additionally SAVE & EXCEPT: 0.096 acres of land, more or less, and 0.480 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and described in Tract 2 and Tract 2N, respectively, of that certain Donation Deed dated May 26, 2004 from Mont L. Wilkes and Emrie A. Wilkes to Denton County, Texas, filed for record on June 22, 2004 and recorded in Instrument Number 2004-82062 of the Real Properry Records of Denton County, Texas. The remaining called 39.939 acre tract of land, is commonly known as DCAD Property ID 132660. 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 2 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. Develo�ment 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��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; (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 L! 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. Agreement 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 5 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. Severabili . 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. G Owners THE CITY OF DENTON, TEXAS �.�. �a�� B "�� ""W� . Y� ^�� ° :. � �� ,�' � �a�� City �!i'A��r, ��° City Manager, or Designated Representative THE STATE OF TEXAS m...�.��: �d� COUNTY OF CDI�'�1�iC�� } This inst�� rument was acknowledged before me on the „ day of IT,�/ I/,!,/%�� ...!v � .............�,,.a,,:,. „%��--m�-.a 2016, by Mont Wilkes. ��" �� yenu� T. Sc�inK �°� �� '�'�`� 09-28-�01 � .�� , THE STATE OF TEXAS ��w. �•� "'� �. ° ��„��"� � �� '�� N�� .,�� .. ��.�________ �.... .... � ....�..�_� otary Public, State of Texas � COUNTY OF � .. "�� } S . ....... � `�, , � ��,�, ,� �, � � � �., This instniment was acknowled ed before me on the , day of � w . , 2016, by Exnrie Wilkes. , �" � �� " � � �,��"�� ,�w� �'� ��"��.�„��" �� . , Notary �Public,.. ��.. �mm__ � --- � - ��' ��"�' �� T�� State of Texas �� ° � �P� �,��° 09-25-�017 '] THE STATE OF TEXAS COUNTY OF DENTON ��r�'ca��c�� before me on the ��. day of ,,,, � , 2016, by � � ".:.., � �-�� ...,. T is mstrument w��s c, c �� m ,"��'�,�T; ^`, ,.. , City Manager/Deputy City Manager/Designated Representative, on behalf of the City of Denton, Texas. � � �a' 4r�r ran`o i�a r�lllluil44n ��k� I[J V k�'o� �, �4 u� �� .: �w � �" i � k� ." r �r � .�,� � �+�' �� " �� I � 9� � � � .��r�� ...a�ti�� G��u a�� ,�,��^� � � � �� .��q,N �� w� �� u�� ° " �� . ee� n �� „ �� Nota � ^�i�� State of Texas � tiw r� ��z � ��r��:��° e�� u�� " �NM1K k .. .,M . . .. � �� . �o�,u�� . r�reumW��'u�""'uNwuW�i'"�muwoum�www�uwmww,wuoi�mmu��ib+sow�'mw�u�.ww'iuw�w�wu. �. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : rvJl�... : After recordins return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�.4nnexations�2016 Annexations�NCJ\3.4.16�DH-4\Tubbs 200811 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 Paul Tubbs and Tammy Tubbs ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 4.390 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 22, 1998 from Don F. Logan and wife, Patricia A. Logan to Paul A. Tubbs and wife, Tammy D. Tubbs, filed for record on October 26, 1998 and recorded in Volume 4204, Page 547 of the Real Property Records of Denton County, Texas. Said 4.390 acres of land, more or less, is commonly known as DCAD Property ID 200811. RECITALS WHEREAS, 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 and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 20;��'ir O :a �r �; .... 1 �, �' f'1 '::' ° '9 (,:1 ��. I� I�"� i� 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 l. Continuation of 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 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 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 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: 2 (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 l. 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. L! Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. 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 �� ....�..,..m...... Paul °I� l�bs E .�,� � mm,..� �.��^ � � �� .:�._... ................... ........m.nm..mm..m..m.._._ Tammy Tubbs THE CITY OF DENTON, TEXAS �� ,�� BYw ��'�,� �� ."�"� ,�:...��„ _�...,,�..... City C'��a��;�r� Ua�4a�� City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �_��'� day of �� "��^� �-- 2016, by Paul Tubbs. � � � ,� �. �. �� ' u �� r ��.�e_ � I p d 2qP , mw � � ` � df ry� q �^ �` � � IIM��4��q�� N�II k�IIY. iiPO�� II��„;'b . r" .. uao �rvaw �y ��u'A� � �y,� ,,�I��ry��V�d:ri� F ��'s�� '� �� m � e W � ��mN'�W�Y .d .. �� ..�� ,��w ��,..�ww. , ,,�� ...� �� THE STATE OF TEXAS COUNTY OF DENTON � _�.�....�., ... . _'_ ........ ...........�.�.�. . ,..........�.m..._.__..,. ��t��m-y 1'a��i� �� f n �� W� �' � � da of ...._.��'.�"� This instrument was acknowledged before me on the ��'� � y �� 2016, by Tammy Tubbs. � v�� 4 ^ B, ��..,..,..,�,�.w �� W I�I ill md4tl.n �^ mroll II'i I�IiTWb"<&W��'tl^ W...�.r ym ��" � . � II W��'�� . . , ��'��II'�P �%��'�p�W:a ��'��"V � � ,. .,.�, �,�v . � pN�"� � �� ,� 8�� ru��ll� p��u � � � _ _._..... --- Notary Publ�a St te of ' as � w; �u�� , �� « �� THE STATE OF TEXAS COUNTY OF DENTON This mstrument �� .as ��;1'��:i��w�c��ti�a� before ��a��c, ��r� i�h� � °��' ��a��_...... �i��r �� [ ..�� ' � � .. �� (�, ��r >, �� "..� �� ;�:.� � �".. �.�'�,�°" �°�'� ��°. � .�w City Manager/Deputy �'��1� ��,��c,�°�fl�.��r�t��t�� Representative, on behalf of the City of Denton, Texas. � � �� « .. nu�� 4p ppppryII� qI�� pIIq � q'� 0.. ,J'A'41VIC II 4DYM ll4M"4"'all,n77^�F111 � u � �r �� n ? � �a 91�"11Pi%'^r(4IJI�iflC,:'; rTd�9i �r�4' 'Y�.��"� �� : � �� '�� r c:�u�� r, ��,. �� . ��^ dw^�";� 4"N4)�r��dv'tiXk�'u�°u��'V� �ou��«��,„� ��.00 �� +°� °'w � �w P R ""'A � �� BIIVIVI��uu��wu�lUfi IIWN��G��M1�u uG IOOhffi�� ,� � , � �,� �° ,,,� � r Notar �� Public, State of Texas APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � 1 "�r"�� .�, ��^ � ^�,��" r �k � � �:-"°��. � � � ��;�� .��, �� "�n�'" �.��"°� �` "��,� �� ' �oF� � �. °.,. � �� „�.. fi � �'� � p,� � �v,, After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�PlanningWnnexations�2016 Annexations\NCJ\3.4,16�DH-4�EIarvey 166866 2016 Non-annexation Agreement.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 Nathan Harvey ("Owners"), the property owners of the hereinafter described property (the "Properry") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 6.266 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Corrected General Assumption Warranty Deed corrected on January 11, 2010, but effective December 19, 2007 from Reichmann Hills of Argyle, LLP to Thomas M. McMurray, filed for record on January 11, 2010 and recorded in Instrument Number 2010-2921 of the Real Property Records of Denton County, Texas. Said 6.226 acres of land, more or less, is commonly known as DCAD Property ID 166866. SAVE & EXCEPT: 0.034 acres of land, more or less, previously conveyed by Donation Deed dated April 7, 2005 from Reichmann Hills of Argyle, L.L.P. to Denton County, Texas, filed for record on April 12, 2005 and recorded in Instrument Number 2005- 42653 of the Real Property Records of Denton County, Texas. RECITALS WHEREAS, 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 �� ° �" f�� .��..�"�1�� N m��V 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 thern 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�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 �. 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 Sw � Nm-��a�aa��t Deemed Void in P��t't° V�,� olt��t�w�`v ��r��ti��i�a��. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, 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 Properry 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 0 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,mDenton 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. E Owners �m � ��.rv..... �,� �� w„„�� .... . � � .. '" Nat�� Harvey THE CITY OF DENTON, TEXAS �� "' � �� rc . �� . � rv�� 3��`�� De:... u �Cit� � ��:a t � -,�or . City � �� p �3' Y � Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �� day of I o K�.� � , 2016, by Nathan Harvey. ,o�«b�M�� µ. .d��.��.,,._.�%� II_p II.Y��..I�IM�g ��.641Y✓N �. Nl�l�lrv"d�411 4Wi��N II N ,�'�" "�'�^� ��c�� c I'^Ar �1re�+,�" r"i,.�l �dAr al��v� , aV I��^w� i�u � , �`u* � �� ! d�OTI�Cd I', n� �6;� 4.1�V 1��1 �^.M �CI ' ��u� "�� '�i��ieV�� i��'�� .,... � ��w� �..._.,..n� � �,� �� THE STATE OF TEXAS COUNTY OF DENTON � � � .w�� _ �� ..�-.m. .. . _ _ �. - , .... _ w. � Notary Public, State of Texas ��, � This instrument ��r�� 6��:r:��a��ledged before �� d.l��d�� "�,� r�l�z� �1�`_„�� .;,,�,� p,��1�� 1�� ... '��".�.��""��.��,��°—.r City Manager/Deputy �"ti�.� M��,��rrvlT:��i�s��,r�c;�� Representative, on behalf of the City of Denton, Texas, �� . �� ... � �� ooa � �� :m ea�p�'�. lr�l�6��:�, I ��fr�9��"�hq�f��d;„�,'.bP,l �i�� I� `� 9,fS1I�'��C�d`J f fif61 fF,�k?�'�r" ff CYI.. Ve �ua'o"f '��" t;Cldt,PV4�v�f. l 'srf:" 4k�a �r" ��i�t;� r �. '` `Q«�x�ww„ 1v6�.�91p°C�Y`i�'.;Ulir"�r1°r�u� �Ii�Wdal p�101� u'wyy�,WN�%pN� YPV.W,p� � .� IIIpI01U �8%iMIJ�X'OIVIIO��v � �� V �� M�' �e � �....._ � ......... �c�l� � �� Public, State of Texas APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : �� , �.� �� 7 After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:\Planr`�ng�Annaxa�ionsi2d16 Annexations\N�3\3.4.16�CDI-I-4�I,uster-VJade 166850 Nort-�nnexati�n Agreern��t 2016.doc �� ! 1 <'j ... � � �, r°�� f � � i7 r' (1 � " ;tw �^" 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 Sheila Luster and Kevin Wade ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 6.460 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated October 28, 1992 from Brighton Trading Company, L.C. to Kevin M. Wade and Sheila L. Luster, filed for record on November 25, 1992 and recorded in Volume 3385, Page 616 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 0.574 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that Donation Deed dated March 3, 2005 from Kevin M. Wade and Sheila L. Luster to Denton County, Texas, filed for record on March 15, 2005 and recorded in Instrument Number 2005-30082 of the Real Property Records of Denton County, Texas. The remaining called 5.88 acre tract is commonly known as DCAD Property ID 166850. RECITALS WHEREAS, 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 extraterritarial 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 ITStatus. 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� Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the 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 tertnination 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 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 �� , ,�� ,�.. � � � � � r� � w � �� .... � � � �... �al��a� �,��'��"� � � �� ,�,.�. i�l iVll �u _��,,., �� "8 '�„"' �� ,�� „� Kevin Wade THE CITY OF DENTON, TEXAS .a� ��,�„ ,�� . � �,��'"� . By° � �� ° � � � .._. ty �� g��7�t��,��t� City Manager, or Ci Mana er Designated Representative I�Y:I�I.yIlI:11Y�[�]�IIY�:I:F.� COUNTY OF DENTON This instrument was acknowled ed before me on the �� c1�. ��t' �� _� '�� _, g � � � ��. � � 2016, by Sheila Luster. �� °� ��r� ��""�*M1 LAURENEMILYTUR� '� �� . �� NEY � � � � �f , � � ' - n�y No�ry io# �soa �ss � �' �'�N �' � . �.�. �m..�". ��.�� .�..�. ��. � � � ,��:n�:. � . � . �. � '�AM� �'�� ber9,2ot9 � �� Nota �Public State of I �;��«:�w ,� � Expires Deoem ry , �'�� ,.�'�" i . � THE STATE OF TEXAS COUNTY OF DENTON . g � / � Y � _ ' ��. �... � ��-_ } This mstrument was acknowled ed before me on the� da of � 2016, by Kevm Wade. � �Y�� ^ �., a �� w� _�.� , a..� .:.� � � " � ��, � � �` L4UREN EMILY TURNEY � � s � � ° � �� P � �� ' � "�" � � � � ��. �.« �. �� __�. `� � .. � � � �'� � �� _ � � . � My Notsry ID # 130464166 �� y ��;� � • �Notary Public, ��¢al� of � �� •�' r 9, 2019 i, � ,� �yY Expires.Decembe � ,ti� � �.�,�. ,a, � �.�� w � � � � �� THE STATE OF TEXAS COUNTY OF DENTON t�� ;l�r��w��rl�c�➢��c�l before me�on t Mana er De ua Ci �.�� y��" �016, by s mstrumen � � � g �� y Thi � _ �.....� � , �'��'� �' � ��. �.. ..�'�`�� .� ,� m ....m, p �' � , � � i:a�� i��c��i Representative, on behalf of the City of Denton, Texas. ��,o,� � � � � � ��Jg�p f efc�owaa�,„ b4�4i�h6 �':t V�� 1��C�I�maC�htl� � �� "�; �r� Y��I{P"in��"�uN�P"dI Cf al�"wl'h �'b�" PB �^J� , x " �� , �� 9V'1i�6��r�! 4 �u4 � 4k4�. � � �r"fb � d" � J � ��;'w"d'a�� &�J11��Nd��9fl�PV;��fl�f� �� N� ��w,.,, APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : �"�" �' ��r ��,. .�� R �� "�� . �^. �. N�i��r•��'��l�l��;�, State of Texas 7 After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations\NCJ\3.4.16�DH-4\Crawford 166848 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 Lance Crawford and Kimberly Crawford ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 4.00 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated October 26, 1992 from Brighton Trading Company, L.C. to Lance T. Crawford and wife, Kimberly M. Crawford, filed for record on November 20, 1992 and recorded in Volume 3382, Page 952 of the Real Property Records of Denton County, Texas. Said 4.00 acres of land, more or less, is commonly known as DCAD Property ID 166848. RECITALS WHEREAS, 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 WHLREAS, 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 �°., �„�;" mr^^M""�"� r� , ._ ,, � Ci �`I I ��) a O ( �� •, � ': �� i�J�"� 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 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 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 2 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; £ 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, �3 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. Develo�ment mPlan �� Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; 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. � 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. Severabili . 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 Conies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. TermITITand 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 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 rovisions i � p 'n Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners �� . �� „�� `� ` � ��°��" �., �"� .. � _ ....__ � ' �.��:�� Crawford � � � �nn�j��'as� . �, � �� ,� � �°� ..,�.�. ��,..� m_�. _�. Kimberly �"►�� i P c��' THE CITY OF DENTON, TEXAS �a�w.� � , �n�� .�� mN� � �„ � �"� BY ,��. � �"��'� ..,..� ....,_.. City �lr�.r��r.��-, ��:�t� City ��, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON ��,,,�� , �° � This instrument was acknowledged before me on the ��u�� day of ��„� _ . � _ ........� 2016, by Lance Crawford. , ; i � ��I� � � � i , � rp;�+ 7i m, � y 17 i�� ! % � � G / THE STATE OF TEXAS COUNTY OF DENTON �,� b �� . �µ "�".,r �� w ,+^� ,w °'� "�*'^ � w�� '.; �„ �` ��„ �� ar.�w�u.w^ �'. �, , . �"c�"i��r� ��C�lic, State of Texas �° This instrument was acknowledged before me on the a��_m� �i�� f �� '"�� 2016, by Kimberly Crawford. � �n �� °� �� , � �� .W�� :�� M � � � �n �� '�"N"� �� Notary ��1� ��;„ �at�r�� of Texas "�� „„� �„��^ lf,�� 1��"T�7� •� �" � � �p� Corrim. .. 9R8I2019 , �� THE STATE OF TEXAS COUNTY OF DENTON This �La��t �.��a r�R ��vuz� ��1�:��>�+��,�i ��1 1��1c�N a� me on the � �� , ,_ �,..�, Y �"� r�� ` Cit Mana er/De ua Ci �� 016, b � �, Y � �� _�'�:..� � �.. ..� ��"��..�__ � Y g P tY tY �,r��.,��,��:.�t��u�'� �� Representative, on behalf of the City of Denton, Texas, �o � � �� o �o� �� B tob k�'4�MV1Y II W"aII�V'4R'"4llb16u��,A'v��IIJ� A { �1 � �� "" �� uMr�uu��I ��o��ii u�� °:��ii r,a�� s.r�� - li '' "��" �'�,� ��`:��9'I��Y ��''�9"� f��s �`� ��1°9 " �"a14 �� II��:�a�4��"'+f �'�:"��°'�u°��9�� i o�� ,��i w�w�w�,�mu�"� �i��a��w�+�:w�m��, wurw��w""" APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � �, � � ��°��»�� ., .__ . . .... . , .. � .. _____....... _. _. � Ncat��.rr�" ��,w'L��;� State of Texas �� . ��, , � BY: " � � � ,� � �� `��..�� ,�� .�.� �.�:'. �� „,, µ � �1�� W� �p .. 'M1� r��'�+�m � 9 �� ,d' I � � 6 N � �� w�o. �� .�w � �,� , �� ,� � °�� .�� 7 After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�.4nnexations�2016 Annexations�NCJ�3.4.16�DH-4�Preston 233817 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 Rodney and Kathy Preston ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 10.50 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated January 22, 2001 from Mont L. Wilkes and Emrie A. Wilkes, husband and wife to Rodney S. Preston and Kathy A. Preston, filed for record on January 24, 2001 and recorded in Volume 4760, Page 1432 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 0.014 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Donation Deed dated February 10, 2005 Rodney S. Preston and Kathy A. Preston to Denton County, Texas, filed for record on March 2, 2005 and recorded in Instrument Number 2005-23926 of the Real Property Records of Denton County, Texas. The remaining 10.486 acres of land, more or less, is commonly known as DCAD Property ID 233817. RECITALS WHEREAS, 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 �. � .. ��°° � �� + Y.� �� ,,y � ., � _. 4 Y�+ u�` �� W �°.1 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. Contmuation 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 Properry 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 G1, 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. 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. Remedwiews. 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 l, 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. Sui-vival 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 THE CITY OF DENTON, TEXAS � � ��. � � �.�.�� By �m.� o�.� �� ".� �� „�, ......."".4�,��.��.�.. City C��c��','�w��°��iiy� City ��:t��.:�w� or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �_ day of ��,�� , .....�...� ..�.,� 2016, by Rodney Preston. ,�� ,� r'a ��, �u,.�.�,�,r.� `��:��"-�^'� ______. _ Notary Public, State of Texas a;�"w "`"�°"� ��WW��BRENDAIT RONEY�� rT � Notory Public, State of Texas THE STATE OF TEXAS } ;� ,,��-� My Commission Explres ;�,a{F��;, February 26, 2019 COUNTY OF DENTON } This instrument was acknowledged before me on the _(� day of V��'��q ��-�� „ � ..�... 2016, by Kathy Preston. ,� �' �;^�� .��,�`s� � ... r.m�.� � —��...w....... Notary Public, State of Texas � ..�,..�..____..��....�.. �aeera�y ��;�: �a�� BRENDA RONEY �� ,�„ �„ Notary Public, State o} Texos � wa,�� My Commisslon Explres ��'"�i%"T�°��r�K�rv�" F'�l��N��u'y 26� 2019 � •�� .�� THE STATE OF TEXAS COUNTY OF DENTON Th�is��ti �rdm�� ✓�� ackno�wledged before me� �n thMa a�� da of it� �°��i�� ' ��...� Y �^��'� 2016 by �............�.�'.��" ��,�...��.�� ..� Y ger/Deputy C y ��, l:�w��e�r��9��:� Representative, on behalf of the City of Denton, Texas. �� ,� ��"��' ��u��u�� : �fl�� u�� "�°' � `� ��IP,uU�vk��'9aWQ�4V&4k.�"itF�,46 +"114� �rf.�"4� � " +�`�� '�� ,,,�9��4�Pti1� � ��OG� ll��D ��p'.�rl P � �� ° �^" �u �� o, ��'kbl'"yp �P� P�4�"0Y°.. �,�'� � ow ° x�rkuu IOw�w,auW�w�uA'�SY•A�� N'�'WOWY^W�VIuu1NWMI00��ou01�R�`;��"�Miva'4w1WWJY4'�P'�"I��PoWO: ,� l'�':f��.��C� AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � �,,. �� „ �,. , � . � '�__ ��_ u��', N��r�°,� '�i(��, State of Texas �, '� .��. � .. �. � ..�.� �� ..� �..�" �� w�� BY: �.�,�,.'� � k � �� _ � �'.w h '� �� ,� �� " ��9�� w�� °°��'�` � ��s�'��~� ��. :.. �- P�� i�� 7 After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:\Planning\Annexations\2016 Annexations\NCJ\3.4 16\DI1-h\Sutton 227860 Non-annexation 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 Timothy and Jeanna Sutton ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 7.000 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Special Cash Warranty Deed dated September 13, 2000 from Mont L. Wilkes and Emrie A. Wilkes, husband and wife to Timothy T. Sutton and Jeanna M. Sutton, husband and wife, fi(ed for record on September 14, 2000 and recorded in Volume 4674, Page 1217 of the Real Property Records of Denton County, Texas. Said 7.000 acres of land, more or less, is commonly known as DCAD Propei^ty ID 227860. RCCITALS 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 Appcaisal 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 and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; p�� ,.,..° � � s�_� �-;��-� � �7,�'� � m � �"� �.;,p�_��;4" 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 far all purposes, until such time as stated herein; and WHEREAS, the Owners acl<nowledge 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 to annex the Property and the Property may be annexed upan the City's institutian of annexation in April 2016; and WHEREAS, Owners hereby accept this offer and agree ta the terms af this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develap the Property during the term af this Agreement; and WHEREAS, Owners and the City acicnowledge 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 recarded in the Real Property Recards of Denton C�UIII.yy TVXLLS9 NOW, THEREFORE, in consideration of the mutual covenants cantained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritarial status of the Property and agrees not to annex the Praperty 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 extensians 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 lat smaller than five (5) acres unless the lot was created prior to the date af this Agreement. The property awner may apply ta the City for division of the land subject to this Agreement inta parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without besng in vialatian of this Agreement. Such uses and activit►es constitute the development plan for the Praperty in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Sectian 3. Governing Regulatians. 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 applicatian of such regulations does not result in interference wiih the use of the land for agricultural, wildlife management or forestry purpases 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. lnternational Plumbing Code, 2012 Edition with local amend►rrents; e. International Fuel Gas Code, 2012 Edition with local amendments; £ Tnternational 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 Clectric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§17-141 —210, as amended and as applicable; and L Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within 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 l7 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. _�_� w emed Void in Part; V„oluntary Annexation. ection 5. A�reement De m� w�_� (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. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. 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 Multinle Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term__andmmExtension. 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 �� ,n��,�� ,�� , � � .�.n ......�..,,. Timoth Sutto �� ' � 5 , i V �' y1" r, ,. �I��II � ��✓' n � �,_�,�� ,.�ww..�� ,� �. ��..� .� .. � . ... _ ��.� Jeanna. �,;�;�'., �� ...� THE CITY OF DENTON, TEXAS e��m�� °.�� . ��o �� , � � ��.M�„ ��" � _w�...�.��.�. By � ��, ,� � "� City �'i��r��°,��;��t�ty City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON �; , j � � { ,� � This instrument was x�c�8��c��a;i before me on the _� �i��y a�{" m�f�� „� �, 2016, by Timothy ��ca��,��+�� `°� ��" w��" �� „�� . � ,� � � � � � .1 ' / "" � �' �� "�� , �" � �, �' `� � � ��. '� ,�� '' :a�w_ �, �« �, �, � � °,..�.��,... ... .�� _ —. � °� '��y��y�,� �„� �� Notary Public, ��t�I��t�Texas �� iF�Y^�� iAY�M � 4 ��"'�'�� .,w+�� . THE STATE OF TEXAS COUNTY OF DENTON } r ��, � �� °��,,.. �'' "�..� This instrument was acknowledged before me on the ��- day of ..w...�.� .�....� , 2016, by Jeatuia Sutton. h„�,y��wM��y THE STATE OF TEXA� COUNTY OF DENTON .,�,,�.�,. ,.� �.�� . .�'�� ..... �a��, �� „� �� i�i�i�wz•�� Public, �State of �� This mstrument �� ,��ledged before me on the __."� ��'� �� day of ��„� ,, 2016, by ,� ��"�� w� ��"�� a� _ „ City Manager/Deputy City Manager/Designated Representative, on behalf of the City of Denton, Texas. �� , ��i`�"�o �," ��II �� I6�� W P��"�,I� „�"�� w�� "�" �'� a' V�'7uV�V'd��"� �Null�'�„uu:r—'uV'r��, il,up" n� �"r�:�y � �� . . „� � � � �� M �� u �� ^.. ��"��apgauw w�""� I��M� ��"��'I��""�" �� ' ""�'w 's�W��"� ,.,,...�,,,,,�.,�,,.��.,��.,�,,��.,o��.��H��..,.�_.. � � J�w ��u � iw � � �� p � �. � � � ��, � �� ..�.�,..�.� ��__,_e,. , — —_w _nn.�.ennnw. „__.._.... �+�i:�� Public, State of Texas �, APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � w �b � n BY .m.. ��,'��.'�:� � ��,,� .� ��,� �� .��n ��,a°�� „ �.;:�, ' _.� � � � .�� k ,d �,f��l�� 4�`'�" . �" ,�d�"q� �)� �� ,. � � .. After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations\NCJ�3.4.16�DH-4�Barlow Revocable Trust 166855 Non-annexation ?.greerc�eni 2016.dac RECE� vE a MAR 2 4 2a7s 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 Barlow Revocable Trust ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 5.356 acres of land, more or less, situated in the J. Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed dated May 5, 2009 from Donald A. Barlow and Suzanne Barlow to Barlow Revocable Trust, filed for record on May 8, 2009 and recorded in Instrument Number 2009-55359 of the Real Property Records of Denton County, Texas. Said 5.356 acres of land, more or less, is commonly known as DCAD Property ID 166855. RECITALS WHEREAS, 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 tertn 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 �. 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. I��!��a �� 1��r� �c� Remain in ��F'�c��. 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. Si+ Aa ,.�u.w .��,,,. r.... _.m ..Aa�� `Tnl»ntan� Annavatinn iCL1OT1 S. „�. a�l'PPYY1Pili TiPPYY1Pl� VOl� ITl w. ww +��+rw.rWa.�.ww.s. p�w,,,u�.s..u�......�:_�:..IT ..T,�, (A) If 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 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 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 rovisions i ..........................................................................__ p n Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners Bar��.� �� ,vcacable F,I � ;�� °� � � � ,m k 4� f ��i. �� n By �„,'. # �� ,� � �� "� � _ �" _�. .m .. . . rt E THE CITY OF DENTON, TEXAS ^��. ,r�"� � ��."� �' Byr?�� `� �' �°.� City �c��+��'� �a��t�t� City ��r��r°, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON � �r�� c.'��ar�vP�,,�i�� fl��1�� t�� on th� C`Jri�« i��t�� , " , y sr��a� "�„ ' 2016 b �„� ��"��,�� " �'�y�'��,��", ��"* ��.��m� .......... �� »�� ..,�"',�"�"�c�w�� of �� .� ,�„,� of the Barlow Revocable Trust. �� p �� .. � �. � � �� ` �� -�� li State� ��"�1 exa � � � � "� � ",� �� "� � Notary Pub c, � s � � � ,,�� „�� *��7�;.° �� -d��^°"��`�� } THE �"�",�'T I;� �� 1�1��.�,� COUNTY OF DENTON � ��; �r��li �:Ga��:,��1 �r�� M��:r��ledged before �M��e� �� c �� w�.�_. �� al �� y �tl I f�, �� __________� ��,�" _____m��__ .��"��"� , City Manager/Deputy �:'i�y� 1'�9��a��r�llw�a��+�,�r�x��a�c:[ Representative, on behalf of the City of Denton, Texas. iu uwu� wmim�, i� uww�wa�ww�w . „ a qHa �f .Je''�;G'w��'. �.. �?��,�� :�"�u�.l �^;��"� . m �i ro' ^ d✓�, �� '; �ue,G� G�M^a��iurui G�� ,ti�� r,w-� ��q ,�wa,, � � w �� , � �sl�� u �w� ��, �� '�� 0 ��,� �� a��y�au�w�9��^�n��a /PI B � �iw�WVlil!ruaa0lmowim �� . ',4J� . I�U9�MorW�luwwurt�4NmmIIW�IWm�llftl .: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ,� � ,,,� � . . _ � Notary ublic, State of Texas � �., �� `^ �"� ,� �" �� "°� �, BY: ��W��/ �� °�..�.,� � � �w:.� �.�� a--��''� � �� ,,��4 r� � �� :�� ,��'� ��' �� " � �.��.�"��, � �� .va� .m ... � ._� � d/� � .� b..� After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations�NCJ�3.4.16�DH-4�Norris 166860 Non-annexation Agreement 2016.doc � � �""� � , . ,�. � � � 1.,� 7 "' ,s ... � r`� �� .�) � � �'� � ��a C f I ' I,�? ,�� ° 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 David Norris ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 5.978 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Assumption Warranty Deed dated February 11, 1993 from Bert Gibbs to David P. Norris, filed for record on February 24, 1993 and recorded in Volume 3455, Page 210 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 0.580 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Donation Deed dated February 12, 2005 from David P. Norris and Kathleen Norris to Denton County, Texas, filed for record on March 2, 2005 and recorded in Instrument Number 2005-24107 of the Real Property Records of Denton County, Texas. The remaining 5.398 acres of land, more or less, is commonly known as DCAD Property ID 166860. RECITALS WHEREAS, 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 Properry for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section 2 without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. 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 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; (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 C� 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 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 1 � � ��',,� �,� � , David.W..�� ........................ ........,,:.n.n..,...n.n.n.,_: —... Norris THE CITY OF DENTON, TEXAS � �f ��,�b� � ,�� .�� p �� Cl ��l[1i�1''Cal� ��1� ll�� Clt i�tkc� �4C' � ^A..�,.�,,.. Y� �. �tY ��' l � Y� � , or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �� day of �� , 2016, by David Norris. �.. �.:. �._. w��,�. .� w� �, � L lOZ 'LL 4aoy� ,��+ �k�x;�w se��dx3 uo�ss�wwo� tiW �� ^' suxel �o al�1S 'allqnd A�o�oN ��a �� A89W091NOW 3113NV3f 3�AOf `��,m��;�� THE STATE OF TEXAS COUNTY OF DENTON : • ►' � , .m ..� �� No ary ublic, S te of Texas ��; . This ��«l�ur��r�: ��v�� acknowledged before me on the �„� ��. day of ,�,� �� m 2016, by _��,�a� � � �,��^�,��'��°,��.�.�_ � City Manager/Deputy City Manager/Designated Representative, on behalf of the City of Denton, Texas. m�� ,�� ynv�°�'"�m . .. �.�1�'�9"��,,.. �.., �'o''��'��II �r'��'.�'�'wQ.�Q"� " �� ;; �d�1G� � � � ✓ �� ' i ��Nt;��ab41I�G�I.�V' �,��ill aJV ��d��,b�� a �� d�� I �� Qb�� .. �.D � � �ddRJpP�IId��EaN'4 4��M��d4�4��SA 4'I��>M�F�'iry��lld.��"�,y , u,Mi �.��.��i�me,......�mo ��e..r ....�a�,m�oo �aa.,m��x I'..�WI �� .�:� JMiW�GNJMIIIIIU��M�MNI��I��'1� llIWWOUWll�MOpNOV�W�W��VfiINO�'�P�OION�� ""° � '� �� , � � �� . Nc��w Public, State of Texas APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: �° �� ,�� ,� .� � �� f :� �� .�. � � �� 1�� ;� � r, �� ,�� dF �� ,�� . � � �,� � After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations�NCJ�3.4.16�DH-4\Spears 166852 166864 Non-annexation Agreement 2016.doc �� . � .... '� �� .... �" �� r n� �� V m �. �� 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 Joseph and Donna Spears ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 4.140 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated November 17, 1995 from Jack Erickson to Joseph A. Spears and Donna D. Spears, filed for record on November 21, 1995 and recorded in Instrument Number 95-R0072993 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 0.3981 acres of a called 0.775 acre parcel of land, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being described in that certain Donation Deed dated February 10, 2005 from Joseph Spears and Donna D. Spears to Denton County, Texas, filed for record on March 2, 2005 and recorded in Instrument Number 2005-23935 of the Real Property Records of Denton County, Texas. The remaining 3.7419 acres of land, more or less, is commonly known as DCAD Property ID 166852; and Being 3.154 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated March 4, 1993 from Leslie Farmer to Joseph A. Spears and wife, Donna D. Spears, filed for record on March 11, 1993 and recorded in Instrument Number 93-R0014019 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 0.3769 acres of a called 0.775 acre parcel of land, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being described in that certain Donation Deed dated February 10, 2005 from Joseph Spears and Donna D. Spears to Denton County, Texas, �led for record on March 2, 2005 and recorded in Instrument Number 2005-23935 of the Real Property Records of Denton County, Texas. The remaining 2.7771 acres of land, more or less, is commonly known as DCAD Property ID 166864. RECITALS WHEREAS, 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; 2 NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. 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 I. 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 4 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��.rr��,��1 I��,��:�� "Vc��ci in f�'��¢"�; �"��Itr7�� Annexak�i�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 mof 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. E 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. Termmmmand 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 � � � � .� � � �� :; �� ""'_"_ NW � ja1� � _ ears ��' �� ,,, � .... � , ; � mm�� a�� a Spears THE CITY OF DENTON, TEXAS � �� ..�� By ��"��' �� , m��"�"� ��_ �� T�� Cit �� r�� or..� City k��r ��•, 1� tY Y ��;r � Designated Representative THE STATE OF TEXAS COUNTY OF DENTON } This instrument was acknowledged before me on the �� a�� r,�� "'��'� �� 2016, by Joseph Spears. THE STATE OF TEXAS COUNTY OF DENTON "� �� i'��r��•y Public, State of Te „ xas � ��N�� .. v ..., � '; id�l�'�,a'��1��'�"/��EB�rI I?Idr I ,„�,..�� •: PI� �� I'tJli f< 1C� f(Q,�Ctn ��^�� .�� , �,��,�,�4�. p� �„.y ,4 �,��r��i �,.� r;, �}t�z��c �� s�� , ..., �� o�� o��. � ��ew �� ,� This instrument was acknowledged before me on the day of �''f� �� "�� , 2016, by Donna Spears. � �� ..� �� . � P�E ��a I P�A� d' "r�u�C's r I�� k� ��i rt � ��„�,� �. 41 �1tt�yr4��lair �1rr�a r)4 ?4�iov�1; "^ �""� P I��,r G.�� rrr tir, ��,,i� ar � I�y �,re�,,, �r��w��k�� , �r�u ud...... _ �� , �a�� ,� ��w� �� w� � '�� THE STATE OF TEXAS COUNTY OF DENTON � �� „... � �......�.. �� :....�..� :.�.... . �`wr��sr'� public, State of Texas �!"l�a� r��r•��a�� vv�rw acknowledged before me on the °��-,... day of �,��"„��'�; , 2016, by _ .... ��.��..��'":�.....� �� _��'��.� . , City Manager/Deputy City .f�!t��i��,��,t�ll)�,�ig�"��xt�c:ci I�c��cr�t�,�:�ve, on behalf of the City of Denton, Texas.. � �� , � �,� ��, � ,� �_ G 808� pA'"44µ„4I II Y�,II4 I�IIA��Ild��lkAq�'N � ��¢�� i� �J� f^� '0 1VG14r��a4'�tdY�llf^�I6�:; +Ir+�11f �:��I �I 1��"r•n', � ��; a �� ,��°� m ��,,:°u��r��. �'�.�r,rd �� ,.��°�� , � � � ;� ,a. �� i r «�, �^ ��,6u°llr��"�°v" %IJi+"��'"r� a":i� ""`auvo-ds�"w� ..,,�voe� � �.�o�«».�,�-,��.,,,-� ��,� � �. p �� p . � ��w.w IOIOIM4m0�m IOIOOIINOi�!��M . . . . lumu�ti . � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � �" � .. � . .n.,.�.. .....,.,.,.,. . . .'.,.,. ..,.m ... , . ,�.. ,..n .�� ................... ... Nc ��ryy Public, State of Texas '� 1�, .� ...�^�:.�� ' � .�' u �,, � �J�-�� ' BY: � � � p �., � .wr �� .� � � ,� � ;�� a'" ��"� �`��.�'� �.. .. :� � �� '� �� ' � �� .,� �, �„ �� .� ,, ��> , �i � After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations�NCJ\3.4.16�DH-4\Pettit 241741 Non-annexation Agreement 2016.doc I�'4 � u�� a�� a�� 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 Elizabeth Pettit ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 11.958 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated February 4, 2002 from Mont L. Wilkes and Emrie A. Wilkes, husband and wife to Bradley A. Burks and wife, Mishelle L. Burks, filed for record on February 20, 2002 and recorded in Volume 5027, Page 1036 of the Real Property Records of Denton County, Texas. Said 11.958 acres of land, more or less, is commonly known as DCAD Property ID 241741. RECITALS WHEREAS, 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 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. 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 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; 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. Agremement Deemed Void in Part, Voluntar� Annexationm (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 Ciry 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. THE CITY OF DENTON, TEXAS �� „�� a��,� �� m � �� I �� , „ � �W� �� ,, � ��,.��... _ � � �� „�� City �ata��°, Deputy �"��' <��;��•, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the � day of m(',�l(�(�%1 , 2016, by Elizabeth Pettit. ��,� ��,� JENNIFE MARIE WEL �� e�� DON �"' �� NOTARY PUBLIC �� "��- STATE OF TEXAS Commission # 129428065 �� N� My Comm Expires 05-17-2017 �w"� �� .�.. � ��,� ��. THE STATE OF TEXAS COUNTY OF DENTON �� .!�� .'�__� �.m�,��_ .�� ,, ,�t��;,,�.� Notary �'M.��1 �, State of Texas p y edged before me on the „��" ,�, day of ��'� � 2016 by l �t�� r��t� t�r�r�cY�� w,�,a� acknowl __...........�- � ��W ��m� �� _ ��"�� '�"�.. ,� u, City Manager/Deputy City Manager/Designated Representative, on behalf of the City of Denton, Texas, ��,� U�� a � M� k9Y��'d�, o�HC""%9 III fl.4�;�"MIIQ I��4�0�aN ��9 ,..�. �ryP Ix r✓ �•• ��{r] IC�r'i� �'�' 1 i�4��.r"w JvY�� r�,,.,�R � I. .f'4�"e �� .. P�i"�FW � M�.�a�.Nl'W119� �.;;'.r"\I"� Y��h��m��"a�'Y�NI��p , P�du'��m^�, C�9�JPe�#u'°�;''B�Yd��irc,l�"�m�i�ti �OUJq�� uiuu ��o�w� .... ,�o.mm ... a� e�� ,�� ... � I . +UouuuVUM1�,. UNMUNi�u�wd;�IlONu�� . APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY m� ,� �,,,, v � � � � �� Nota�`� Public, State of Texas a � � �� BY: �� .�"! .�.�`.�� `�� w,'�f �''�,�1� � �_ ,�. . J d� � � � ' � " �� ,,�ro.d,�,�� ,� � � � .�...�� k �r�. � ��.� � �� w� � �� A 0 After recordin return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning\Annexations�2016 Annexations�NC.T�3.4.16�DH-4�I.ogan-Tubbs 166853 Non-annexation Agreement 2016.doc ,�� m�k ..�, � �;b �.w �� „� °� �" w �� 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 Don & Patricia Logan and Paul & Tammy Tubbs ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 7.932 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated January 28, 1994 from Jack Erickson to Don F. Logan and wife, Pat Logan; and Paul Tubbs and wife, Tammy Tubbs, filed for record on February 7, 1994 and recorded in Instrument Number 94-R0010473 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 4.390 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 22, 1998 from Don F. Logan and wife, Patricia A. Logan to Paul A. Tubbs and wife, Tammy D. Tubbs, �led for record on October 26, 1998 and recorded in Volume 4204, Page 547 of the Real Property Records of Denton County, Texas. Said 4.390 acres of land, more or less, is commonly known as DCAD Property ID 200811. The remaining 3.542 acres of land, more or less, is commonly known as DCAD Property ID 166853. RECITALS WHEREAS, 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 2 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��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 r�ment_Deemed Void in Part• Volunta 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. Severabili . 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 Don T�� ad� u am�� . �� ,�� ,o .... �"��;r��"-��.,1..�., �`"�� ..� ,�.��„c�,��r�..,.�r � �..�. �..�.�.L,�� .�� ................�. Patricia Logan ,,, ��__....._ _ ............. ��,� l��r� � ...� ...... ... ........ "1 ��a�"�� Tubbs � THE CITY OF DENTON, TEXAS � �� W,� � � BY� _....�� nr., City �� , �,:��ti�� City ��rr��;�x`, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �� day of ��W��m�m'�� "�� "� _ ..�...�..�� 2016, by Don Logan. ^�w�„�,�nuummu�w�muo�uwuwu.u� .�um��mw�mm��o�u.wo�:� � µ n�iu�� "��^�II"�'�" III ��"��wa "�� i �" �'� .�I � V Nrm��;�ury� �h'all�up�a'. �� II�I �';I�� ttrv„ '�.«r� u" u';Nd%`V��fV � �"�:"'CR'i �w u�W ��drv i�N�+°p � ��mYNVI(Ikd�P^'� III�IIiMwNP�i��W�� Wtl��l� I�I;� p�lll�iWµ,�"ry��iW� W�� ' ��o �� " � �� THE STATE OF TEXAS .. �P��"��,.� ��,��.�.��.��^' Notary Public, State c��` Texas COUNTY OF DENTON } This instrument was acknowledged before me on the �'� day of �� ,� �/� �� _.�_�,,,..�_�..�� 2016, by Patricia Logan. � �� N�� u��w� .� Gwaaa�, m �� '��V�� V� �d � VVa7�lld�y �"q�N��ua �u�a^��i �yll d��&�, '�� ^ �� p �ry �Ip ry �„�� 'VSNPYN�4&WM� ry � ry . �V!�."I �,n .._ ��'��r��wmlillW�l� '� �. N VrVY„�VI V��YBH��ti W�V VNar w ,�` � ..� , dnu a Ilu�&,M�'Q'R�"� �� i� "��N�� __ .______ '�;"�"'""�°r�„,:�� ,. � r� � �� u� �i�N �. . . . . miM��i wu . � Notary Public, State of Texas THE STATE £_�°" TEXAS COUNTY OF I'.:) This Me��;��ont��t� was acknowledged before me on the mmmmm,mm mmmm „w day of 2016, by Paul � �s�a9�;�. �� Notary Public, State of Texas ..�. THE STATE �� N I s�f�1'� } ,� COUNTY OF I:)i:y�f�"1't7t�J } �' Th�s �,�r'';��i�A��C was acknowledged before me on the 2016, by �.� ��,,�"�r�� I t�l�l4�TM�. ,� THE STATE OF TEXAS COUNTY OF DENTON day of Notary Public, State of Texas 'I�"A�r�, instrum�rrl� pw�� acknowledged before a��r� �grr t'�.N�� '�� I�a�° ��tl� �� "�� 6�'�„ l�y� _��,,�� ;�" ��'��:�� .�.��--- ---��._, �.'idv 6"��q��a��;s�gl�)��,��„y t�'aNy f'�«;��r,��°:��::�1�,�i��rn��,cl Representative, on behalf of the City of Denton, Texas. �� .......�� : ,��.�� ..�� 4��y �� .� � �� n� J �" �, �u��u�w li�ii�i�u�uu� �u�,��u u��,� m d�"�� ,�� r '�W,��, �';,�m�'� '�'�.^��i��'��''�,�� " �� ` � u��u��°�° �� N�a�u�� „ ,� �"� � . � . ....... _ ___�_.�.�. � u ,. .. ____ __. �� _m.. . Not ry Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � � � BY: � � � �` ^��:��' �,,'�� `� �.. � �.�.� � ��„a��"°'�� `"�" °�e �� N , �� ',� � � ,,�� : � ��.�� .. � � � �� ..�� After recordins return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 C:\Users\Susan Dawson\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\QKZL65XK\Robinson Family Trust 76883 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 Christopher T. Robinson and Joyce L. Robinson Family Trust ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 21.543 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain General Warranty Deed with Vendor's Liens dated October 22, 2007 from Philip L. Pierce and wife, Deborah D. Pierce to Christopher T. Robinson and Joyce L. Robinson, filed for record on October 25, 2007 and recorded in Instrument Number 2007-126327 of the Real Property Records of Denton County, Texas. Said 21.543 acres of land, more or less, is commonly known as DCAD Property ID 76883. SAVE & EXCEPT: 0.486 acres of land, more or less, situated in the William Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully described in that certain Donation Deed dated June 1, 2004 from Philip L. Pierce and wife, Deborah D. Pierce to Denton County, Texas, filed for record on June 22, 2004 and recorded in Instrument Number 2004-82064 of the Real Property Records of Denton County, Texas. RECITALS WHEREAS, 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 l, 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. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section 2 without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin��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 �. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; 3 (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in 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 4 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 Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and ITExtension. 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 rovisions i � � p n Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. 5 � � � �.,. � ��' � �� , � �� a� ��.� � �� .� � �;�",� __.�..�_ w�� ... ,�,�yr�c [' , Robinson �.��o THE CITY OF DENTON, TEXAS �� By � � �, � � �.�.� Crty ��r ��•, ��r�i�r City 1�'[��°, or .. Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �` day c��"��,,� „� _�_, 2016, �x �'.I��":�� _� , wµtirwh"�ro� �.n ��N�� .�. �� ,�'�,w�• °�r C'�8�'�Y4"�4+� 1�6e.��7Vk4� ��w#�'1'9'4� �,7f C�31�d�� ""� y�� +,�y 4«,�lSCt'qf�iil5,�'il4'�'�9 �^��pq�'� �. °peri �� '.�''� �� a � � d ...A—.. �,w..,�tr�, .,�...�.�...��..�" � � . . �„-�.."° `��rla�r;y�f � m�, �t��&�e� of Texas _ � �m..�_ THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 5 day of „r �� „� ......_,,,,,,,,,,,,,,,,,,,,, 2016, by Joyce L. Robinson. ,,��,� � ��w��C� � ��+��t�� -.� ��°�� a }�,V�C��"Vq'� �'4J�'YNIG �'RG�'d&�`k d�"k'� �"k''�.'�t� "� q�w �:.a�at��'q�`w�qw�xora�a�u Cx�whQ�s�� 17 �p� ��,. �� , �„�.�. �, i6 � �.�.�� ,.��„�„,,,..#Y�ltlYk�......-...,.,.��^� . THE STATE OF TEXAS COUNTY OF DENTON Naal ��y ��i�al �c� ' z�tc� �of Te.�_ �� ..._ xas G T��~�� '�"�� t..�,��s�� d�„��i before mCity t Manag_._._��..�_ uay Ci�y G�.�� k�•1[.� s01�6�tb l �.. .�......... � tY � � � Representative, on behalf of the City of Denton, Texas. �m��,� �oo�� ',��,k��p&tl�ll� ... e�ll�l""MP N� �. W'"'� Ili�� G��A""il W li"�'N ��'i� � � �b ��0..�h��l�m u° �%N�'�V� "I ��"��'� M ��" tl� �r.�� ' � „��r ° il.��wN�� ^i��, Q�� ' ��'�'�iir ��w.. � °`"��o"r'�nµn� "� V�� a'�� i� u' II� N��m� u� � i�' ��ti�o..� ,� �� Nm� �..d.»� ��,rv�� m�mw�uo ��uuu�iww�wwmumww�mm � � � �ui�muuolmi APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � � n� BY: ' �f�� " � �� ^� ;� t � ,� _ .. "� � � ��P°� �-'��w��k � �A�� ,J �.��,.,,�� _ � �F� ��.. �� .�. m � Notary ublic, � � �.__�. State of Texas 7 After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 O:\I.ega(\Annexation 2016\DH�4\Youngker 166863 Non�ann�xakion A�reement 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 Jesse Youngker ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 6.008 acres of land, more or less, situated in the James Severe Survey, Abstract No. 1164, Denton County, Texas, and being more fully described in that certain Warranty Deed dated December 29, 1997 from Dennis Wayne Smith and wife, Kerri Wray Smith to Jess Youngker, filed for record on December 30, 1997 and recorded in Instrument Number 97- R0090947 of the Real Property Records of Denton County, Texas. Said 6.008 acres of land, more or less, is commonly known as DCAD Properry ID 166863. 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 and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; �� ,; Q � �: I� �a�a�� 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. 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: 2 (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. 4 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. 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 Conies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13, Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall�terminate on August l, 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 THE CITY OF DENTON, TEXAS �� B��' � � *�" y• � ��,�� .�_. City�,4o,�� .�c�� t� City 1�"q��;�r°, or m Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the ��,��m� a��y ca�' '� ��°�� _. � 2016, by Jesse Youngker. ��r��,�� ,�a� .�� , �j °'�� '"��,�"M*r�'MO��p�/'� �p� � � � ��°� ��,� �� ' �� . � � � � � � �'� `�� "�� w� � "��h� ��'e *.. � � �' r• '"" ��. �°'� e�° �� ..,� "� �y��Yh � �� .�� *��e��, � � �'�i.; ��'r��' �'lW.�il"1� ��I �I I uy M � ��_� r„�`' y�w� ""I�� ,_��-...., Notary Public, State of Texas This instrument was �r�:l�r°r��v�c�¢��c� before ��+�� l��.l��ti ��,��_ e��:�� .� �;� ° '��. .� "�Ci d t�� ka�� .��_�....��,a��"��, �"��.. __, City Manager/Deputy �"it}�° �c�t�g��,��1L�a.�i��t�cl Representative, on behalf of the City of Denton, Texas. � �� o � �� oN�� ., yY IBBa,� .. pi�,�wM� ll�,°pm ��N�aVd�� mr,�up�p .� �n� ��a�rr�,µuNarou ui�°�auus��d :,��a�� u ��,�� ' yW 4 I y Sy 6� � �"�� ,� '�'.,4 ��V�'�N��U�i N a�' � k YI��IV �W� ,��'�N V I wp M � II f °o,�suawu��"" A'"n�P'��d��""'u'��'.��°°r�i�"�i�, I �,., . . ��u :��VI�V�ioi no . . . . , APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �.,0 µ,N , �� f� ,�, � a �,., �� BY: �� '�` � ��'. �� '"��""� � � � �,��;� �� Nc��.�° � Pub� �� '� ��^�r� ��"� �w.°'� _� � � lic, State of Texas C� After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 THE CITY OF DENTON, TEXAS � � �� ."" �� ..� _..W � .� By. �� Ci M... ��'+e-u Ci�- ..Man� ty anager, I' p ty ty ager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �� day of ��, r�� 1ti ... ,...,.._.,�_....'� 2016, by Rodney Preston. �� ppq.� �� ,��'.�p��. . r' �b 'Y, �'" s�"' ¢� ... . ..�.�,.,.,...,.. '� �....�.,,,, -,�. __—.......... Notary Public, State of Texas yl ItlkY/X ••m•�•• �,�� xF,',. �� BRENDA RONEY ��: ��"� Notory Public, StaTe of Texas THE STATE OF TEXAS } �� ; My Commission Explres ,;; ra o�z,,�" February 26, 2019 , COUNTY OF DENTON } This instrument was acknowled ed before me on the da of �'� �� rG� m, g �— Y � ......... 2016, by Kathy Preston. �� . �,� � �� ,,�"� " �.. � ...___ � � ........ .... Notary Public, State of Texas� �"��p�`'' ��BRENDA RONEY � �F�tl �� `� � Notary Publlc, State of Texos �,�� My Commisslon Explres �"*��'"�� <" Y b� 2019 �, „� ,� Februar 2 :�