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2016-112S:\I,�gallOur I7ocurnents\Ordincuzc€°sl16lL�H-1 accepting non annexation agreements.da� o�nvaNCE No. 2016-112 AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE NON-ANNEXATION AGREEMEIVT(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, TEXA5, GENERALLY IDENTIFIED AS DH-1, AN AREA OF APPROXIMATELY 315 ACRES LOCATED EAST OF H, LIVELY ROAD, SOUTH SIDE OF FM 2449, WEST SIDE OF JOHN PAINE ROAD; 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 autharized 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-1, 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, 5ection 43.035, Subchapter B, Tex. Loc. Gov't Code requires the City to make offers of non-annexation development agreements to the owners of all properties in the subject area which have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland within the area to be annexed; and WHEREAS, under a non-annexation agreement pursuant to Sec. 43.035 and 212.172 of the Tex. Loc. Gov't Code, the land subject to the agreement retains its extraterritorial status and the owners of such land must abide by the City's development regulations as if such land were within the City limits, as provided further in such agreement; and WHEREAS, the City has previously offered said non-annexation agreement(s) to owner(s) of eligible property within the subject area, in approximately 2010 and 2015, and now desires to offer new nan-annexation agreement(s) to owner(s) of eligible property in the area for an additional five (5) year term in light of the growth of the Dentan 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 time prescribed, or the properties otherwise became ineligible for such agreement and are therefore set to be annexed within the time allowed by law; and WHEREAS, the Denton City Council deems it 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-annexation agreement(s); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;. s:\legal\our documents\ordinances\16\dh-1 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-1, 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. 5ECTION 4. Should any paragraph, section, sentence, phrase, clause or word of this .........., Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 5. This Ordinance shall take effect immediately on its passage. Passed by the City Council this ,�� ay of �� „��P____ , 2016�,� '��.. � '�� ,� � � �� -� _��.�� -��-------.�....��..,..� ...... .� CHRIS WATTS, MA�"OR ATTEST: JENNIFER WALTERS, CITY SECRETARY � : � �� '��;��J Ew;,�� ,�V TO LEGAL FORM.�� ANIT 1�URGESS, CITY ATTORNEY r � �� BY: . »�° ��.�' ��'�.�,w��"�_�� u�� .: ....4�� r� i r ��m. ,�� . �� d� �.. ��"�� .� , ; ��.�_�� `��...� ° ��,.�� ... � � � � �j� �. ...,� Page 2 EXHIBIT "A" Annexation Tract DHl ALL those certain lots, tracts or parcels of land lying and being situated in the County of Denton, State of Texas and presently being embraced by the Denton city limit boundaries of record and established by the annexation ordinances as follows: Ordinance 2001-451 and Ordinance 2006-205; and being more specifically described as follows: �� BEGINNING at a point at the southeast corner of C Wolfe Road and FM 2499, as described in Ordinance 2006-205, South Tract, as the northwest corner of said Tract; THENCE by a series of inetes and bounds as described in said ordinance and listed herein: Easterly with the south right-of-way of Farm Road No. 2449 as follows: North 45° 10' S2" East, 41.58 feet; North 89° 46' 37" East, 679.48 feet; South 84° 30' 45" East, 100.50 feet; North 89° 46' 37" East, 200.00 feet; North 84° 03' S9" East, 100.50 feet; North 89° 46' 37" East, 1462.48 feet; THENCE South 00° 16' 13" East, 711.07 feet with a west line of an 18.28 acre tract to a point for a corner of said 18.28 acre tract; THENCE North 89° 45' 23" East, 1119.68 feet with the south line said 18.28 acre tract to a point for a corner at the southeast corner of said 18.28 acre tract; THENCE North 00° 12' S6" West, 710.67 feet with the east line of the aid 18.28 acre tract to a point for a corner at the northeast corner of the said 18.28 acre tract in the south right-of-way of said Farm Road No. 2499; THENCE North 89° 46' 37" East, 4616.62 feet to a point for a corner; THENCE South 00° 09' 33" West, 1652.60 to a point for a corner; THENCE North 89° 28' 35" West, 254.68 feet to a point for a corner; THENCE South 00° 24' 30" West, 2169.07 feet to a point for a corner; THENCE South 89° 56' 06" East, 3151.06 to a point on the west edge of John Paine Road; THENCE South 00° 33' 24" West, 5406.60 feet with the west edge of John Paine Road to a point also known as the southeast corner of the property described in Ordinance 2006-205, South Tract;l THENCE easterly across John Paine Road to a point on the westerly line of the property described in Ordinance 2001-451, also being the easterly right-of-way line of John Paine Road; THENCE northerly along the easterly right-of-way for John Paine Road to a point described in Ordinance 2001-451; THENCE North 44° 41' 34" East, 185.77 feet to a point described in Ordinance 2001- 451 as a point in the north property line of a Petrus, Tract I land and the existing southern right-of-way of FM 2499; THENCE North 89° 53' S1" East, 245.46 feet crossing the existing right-of-way line for FM 2499 and being the southwest corner of Petrus Tract III land as described in Ordinance 2001-451; THENCE westerly along the north right-of-way of FM2499 to a point described in Ordinance 2006-205, North Tract, being at the intersection of the north right-of-way of FM 2499 and the east right-of-way of C. Wolfe Road; THENCE southerly to the Point of Beginning. EXHIBIT "B" s � S:�PlanningWnnexations�2016 AnnexationsWCJl�.4.16�DH-1�IvlcCutchin Non-annexation Agreement 2016.doc , � . , . � ; . / t � � , �,�, � . . , �: . � 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 Ronald McCutchin Family Partnership, Ltd. ("Owners"), the properly owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 267.27 acres of land, more or less, situated in the J.W. Kjellberg Survey, Abstract N0. 1610; the M. Paine Survey, Abstract No. 1036; the George West Survey, Abstract No. 1393; and the S. Paine Survey, Abstract No. 1035, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated January 6, 1998 from Ronald Lee McCutchin to Ronald McCutchin Family Partnership, Ltd., filed for record on January 23, 1998 and recorded in Voluxne 4015, Page 793 of the Real Property Records of Denton County, Texas. Said 267.27 acres of land, more or less, is commonly known as DCAD Property ID 67349, DCAD Property ID 73313, DCAD Property ID 65056 and DCAD Property ID 67472, respectively. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal I7istrict 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 rneets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and � ., � � � :n , u � , � � y � � :� r �° ¢:; � Y^°� � � � � WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. 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 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; 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, 2G12 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. 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 A_nnexation. (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. 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 Ronald McCutchin Family Partnership, Ltd. � � .. �_� °� "' � ��"�.:�...w. �'�� 'I �,,.. ,�.... � � . � ..... �� By: � THE CITY OF DENTON, TEXAS �, m,� .�'"��,.� ��-� �� BY� � � �� ..�� .�,��. City NI� ��:�'� Deputy City ��ra��•, or Designated Representative THE STATE OF TEXAS , �° COUNTY OF �� C"��R �� This gr��p��tr��r� r�v�� r��.�;� �ww �� „�e�c� before me on the � day of �� . ��, mm � � � „ �� ., � 2016, by �� °�,, �,� �„� n�_ �_ s of the Ronald �1:��.tr�c��.r� Family Partnership, ' Ccl, �� NORMA L HENNESSY � , � �� My Commission Expires 4� � -� � ,� � July 8, 2017 � ,, �� m ��.ti a ,:� THE STATE OF TEXAS COUNTY OF DENTON ,,� � � __.m. � ,� � � � �� , ��...�..,, ,. N�a �� Public, ��,�t�� a� � _ , �'�� r��l��rr��;sa �a��; <��tl��bt��l�e�� Cca�� r��: �-�� C:l�� '�.. _ c��a� �7C" �� .��.� , �(�1(i, ��€ . .�^^""�"�� ....��,�.��..�:��::__ � City Manager/Deputy (:.'ity� I�'C��r��;urf�:�a��;i��cc� _ �� ., Representative, on behalf of the City of Denton, Texas. Y wv�im�'�� W�'ll ��wtl�n - �mMm�i w�M&�u ��M�ViW � „re a✓ 4�+1��4 Il Ghf�olb�'4a�A`'��b�4 � w„ � „� �� , �tii��i��^�`r�C.�i�tst .�rba�y� rG��G� ar��°� �' ° �� ro � i �w� .�� a � G;;�VhP��fi u.ee4,a� ShSI J i��G�i"�' � � .� �� a 9b�D1�,�Nz"B4��F��r��fl�J 4 Q4 I' 10 Iiu��N'uu'� "Jrim'D wPNmOuwW�l4m�^'Wpm�'HPnW��w�luu��JVr.��fqW�m'�w�,'N��'�W'uM1W!�1+'�1�14�vWWUWIWWu� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: �`��' � �_'� � ` � .._u�� . � � .�...�. �� ,,,....n._� �— n—�-� u m � �. � � �.�. �,� � � �� .��, �� iu��..��,..� � � �� ,., �� r�� w�� T�� r� Public, Stat�� .�� e of Texas C� After recordin�_return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201