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2016-113S:\Legal\Our pocuments\Ordinances\16\DH-2 accepting non annexation agreements.doc �� ' � �'• 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-2, AN AREA OF APPROXIMATELY 258 ACRES LOCATED ON THE SOUTH SIDE OF UNIVERSITY DRIVE, WEST AND EAST SIDES OF THOMAS J. EGAN ROAD, NORTH OF JIM CHRISTAL ROAD, WEST OF MASCH BRANCH 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 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-2, an area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, and is more particularly described in Exhibit A and generally depicted in the map attached as Exhibit B, both of which are attached hereto and incorporated herein,; and WHEREAS, Section 43.035, Subchapter B, Tex. Loc. Gov't Code requires the City to make offers of non-annexation development agreements to the owners of all properties in the subject area which have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland within the area to be annexed; and WHEREAS, under a non-annexation agreement pursuant to Sec. 43.035 and 212.172 of the Tex. Loc. 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-annexatian agreement(s) to owner(s) of eligible property within the subject area, in approximately 2010 and 2015, and now desires to offer new non-annexation agreement(s) to owner(s) of eligible property in the area for an additional five (5) year term in light of the growth of the Denton area, the need 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 WHER.EAS, 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, wha timely submitted non-annexation agreement(s); NOW, Tr1EdlL�P o ^ r'y THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: s:\legal\our documents\ordinances\16\dh-2 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-2, as described and depicted in Exhibits A and B, which have been properly executed by the owner(s) of those properties (or that property) and which have legally sufficient property description(s), are hereby approved by the City of Denton and are attached hereto and incorporated herein by reference as Exhibit C. SECTION 3. The City Manager is authorized and directed to sign the non-annexation agreement(s) contained within Exhibit C for and on behalf of the City of Denton as a ministerial act, but with an effective date of this Council's action on same. The City Manager shall further arrange forthwith for the recordation of the non-annexation agreement(s) in the real property records of Denton County, Texas. SECTION 4. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 5. This Ordinance shall take effect immediately on its passage. Passed by the City Council this � day of _ �� 2016. ....__...—> "� �� w �.� �� w�� ..._��»_ � .��. �. ____________� CHRIS WATTS, MAY��1'�.. ATTEST: JENNIFER WALTERS, CITY SECRETARY .��, BY. _ � _ . �. ' �___.-- APPR � La1�:'� e"��+��.9'f�� LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : �",� �� '„� �" � �:� �� `�" �.� �� Page 2 EXHIBIT "A" Annexation Tract DH2 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 I), Ordinance 1974-36 (Tract V), Ordinance 1982-52, Ordinance 1983-90, Ordinance 1986-48, Ordinance 1986-102, and Ordinance 2002-29; and being more specifically described as follows: � BEGINNING at the narthwest corner of the subject properly, this point being the northeast carner of property described in drdinance 86-48; THENCE South 00°10'27" West, 1866.11 feet to a point for a corner; THENCE South 89°59'47" East, l 1i4.8 feet to a po►nt in Egan Raad; THENCE South 09°03'21" East with said Egan Road 1400 feet to a point (steel pin} at the intersection of Egan Road and Jim Christal Road, being on the South side of the E.A. drr Surveyg THENCE along the centerline of Jim Chr►stal Road in a series of inetes and bounds, more completely described ►n Ordinance 83-90; THENCE to a point in Jim Christal Road described as the southeast corner of the property descr►bed ►n Ordinance 86-102; THENCE Narth 00°11'40" West, 3031.04 feet to a point called the northwest corner of the property described in Ordinance 86-102; THENCE South 89°2$'48" East, 1486.$0 feet to a point described in Ordinance 86-1d2 and ca(led the northeast corner of the property descr►bed in said Ordinance, also being the northwest corner of the property described in Ordinance 2002-029; THENCE South 89°49' 1894 East, 394.07 feet to a point; THBNCE South 8$°25'S4" East, 59.94 feet to a point; THENCE South 89°37'36gg East, 659.22 feet to a point for a corner; THENCE South 00°OS'2399 East, 1698.40 feet to a point for a corner; THBNCE South 89°03'32" West, 143.14 feet to a point for a corner; THENCE South 00°33'3699 East 16.57 feet to a point for a corner; THBNCE Sauth d0°33'3699 East 992.15 feet to a po►nt for a corner; THENCE North $9°Sd'43" West 792.69 feet to a point for a corner; THENCE South 00°2g,2099 East, 452 feet to a po►nt in the centerline of J►m Chr►stal Road, also known as the southeast corner of the property described in Ordinance 2002-209, said point also being on the north line of praperty described in drdinance 69-40 (I); THENCE easterly along the northern line of the property described in Ordinance 69-40 (I} to a point described in Ordinance 82-52 as the southwest corner of said property; THBNCE northerly along the west property line of the property descr►bed in Ordinance 82-52 to the northwest corner of said properly at which point the praperty intersects with the south property 1►ne described in Ordinance 74-36, Tract V; THENCE following the south property line of the property described ►n Ordinance 74-36, Tract V to the Point of Beginning. EXHIBIT "B" 0 � N O O M O � N N C L N C W U � m � c � 0 m 2 0 EXHIBIT "C" S:�PlanningWnnexations�2016 Annexations�NC.T�3.4.16�DH-2�Noble Family Partners Ltd 6 Parcels 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 Noble Family Partners, 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 96.3175 acres of land, more or less, situated in the E. A. Orr Survey, Abstract No. 983; the Gibson Myers Survey, Abstract No. 843; the Myers-Brummett-Johnson-Green Survey, Abstract No. 1699; and the G. Barb Survey, Abstract No. 208, Denton County, Texas, and being more fully described in that certain Correction Special Warranty Deed dated to be effective November 24, 1993 from The Nobles Company, by Robert H. Nobles, Partner and Jimmie G. Nobles, Partner to Nobles Family Partners, Ltd., filed for record on August 9, 2000 and recorded in Volume 4649, Page 846 of the Real Property Records of Denton County, Texas, Said 96.3175 acres of land, more or less, is commonly known as DCAD Property ID 244741, DCAD Property ID 60745, DCAD Property ID73984, DCAD Property ID131872, DCAD Property ID 161447 and DCAD Property ID 78612, respectively. SAVE & EXCEPT: Lot 1, Block 1, Scribner Addition, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet R, Page 46 of the Plat Records of Denton County, Texas. Said Lot 1, Block 1, Scribner Addition, is commonly known as DCAD Property ID 216450. 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 �� ,,� *� � ,. t� � ,%;....'1 �'ai�' i ; �� °� �: � ��i1�� ,�� n� WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. � The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin��ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141— 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; 3 (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; Voluntarv Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of 4 land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. 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 Noble Family Partners, Ltd. w � .., � , �� , , � �ro . 1 � . n y�� 'rv ` �� m;, m� � .. . _.�,..—.... � ... _ By: THE CITY OF DENTON, TEXAS �,., �� "�� . �� BY� �� .. ��"�. �..� ��,�..�, �`'.ii�r '��:�i ��, Deputy City Manager, or Designated Representative THE STATE OF TEXAS CK�IQ►1111•(�7��7�►YC�l►1 2016 b�� .�Lt:�tr��.r��i�rt was ��ur�°fl��;c;�� 1c�tT�; me on the � n behalf o Nob�le F�amil Part � Y —� � �� ----�' � y ners, Ltd. v""°Bu°�M�+f � JUDY KINDIGER�� w w�"�w ��'�'* � ��„ �YwY��W�o�� Public, Stoto ol f�-�xr�� l� ;�� '� �,; Comm. Expires 11-19-2016 �;�,4d��w;,�M''� N01ary ID 126729530 IY:I�f.ylll_11YD[�]�IIY�:I:`.y COUNTY OF DENTON �" � , � � -"'��„ ... � ', ��"m� �� ° � �, m. � �� „ �r.., Notary :�'"��1 A State �� iN. exas � �„ � � a�� '�9r�^; ��s1�•t��r��cr�t �+�� c��,�8�,��,� 1��r�� N�� t�� t�� n ._.. t��p ��d�" � � �d'�� .��, ��IC�� I��r�� . � �� ._.. ____._..__��. � �...� �__��_��;��:�—� City Manager/Deputy �."�ky PVI��r�„��°I:L�!+��ta�t� Representative, on behalf of the City of Denton, Texas. �� N �� ,��,��°� a��A„��. 5 G�r�,��,�� E �`� � ��a�rr�rt��e�zaa�,i�� °�� Gai ��w �,�., �4� �, �'� � C;i„tCr��i�fl f ,�PP�� f$Fa J'P ��.�i � �� "�u �� I,��°w'U4l`tC�°1�` �I:D P��',�a"f rP�� " �m�4u�. io��mwurm�w io mmi�vio�m�:�nw�r��m�uaouuow��«�voiwiu�o�ui�oo�owr�wiuio��.� � _w � � ....... ��,� . ��°" � _ �' �� ` �". .. ,�..�� ' ..�...�....._. N�� Public, State of Texas APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � � ;�, 6 �� w,�` �,. � " : ��.,��'� �� .,��' "��:.� � ��:,..m�°�� '��''� �� ,�� w� �" .,� � ,� � �� After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations�NCJ\3.4.16�DH-2�Nobles 60761 161789 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 Robert Nobles and Jimmie Nobles ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Parry" or "Parties": Being 25.000 acres of land, more or less, situated in the E. A. Orr Survey, Abstract No. 983 and the Myers-Brummett-Johnson Survey, Abstract No. 1699, Denton County, Texas, and being more fully described in that certain Quit Claim Deed dated December 29, 1992 from Robert H. Nobles, D.O. and Jimmie Lou Nobles, a/k/a as Jimmie G. Nobles to Robert H. Nobles, D.O. and Jimmie G. Nobles, Trustees, or their successors in trust, under the Nobles Living Trust dated November 30, 1989, filed for record on December 29, 1992 and recorded in Volume 3411, Page 364 of the Real Property Records of Denton County, Texas. Said 25.000 acres of land, more or less, is commonly known as DCAD Property ID 60761 and DCAD Property ID 161789, respectively. SAVE & EXCEPT: 1.0017 acres of land, more or less, situated in the E. A. Orr Survey, Abstract No. 983, Denton County, Texas, and being more fully described in that certain Correction Warranty Deed with Vendor's Lien dated November 5, 1992 from Brian K. Walding and wife, Kimberly Nobles Walding to Eugenia C. Minor, filed for record on March 19, 1993 and recorded in Volume 3374, Page 448 of the Real Property Records of Denton County, Texas. Said 1.0017 acres of land, more or less, is commonly known as DCAD Property ID 60751. 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 � � �„�� -� � � �.� � � �� : � W � � �� ` �..� WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. 2 The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least iive (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin��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. 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 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. 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 1 l. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Executionw_inwwMultiple 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 �� x � , , ,„,� � .��,w� t m� � � �� . ...��w_��` � ... u......�...._ � ��:c�l�� <� �� o�� rv.,.��-� ��.�_�._._/? J��c; Nobles � THE CITY OF DENTON, TEXAS �� B ��.a � �� y� w�.�- �� . _.. � r� ... .�... �� .. .....�m City Manager, :C�eputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the � day of , 2016, by Robert Nobles. � � ��v� �� ,� ""'""°"„�� JUDY KINDIGER� ��" �� Comm. Ex �res 11-19•2016 �� ,aur n�� % p��Ma�e rubllc, stote o1 '��s�c�s �� . � � � ^��.� � .��: �. �� k' ,�9 � p• ' � .:�,� �� " � Notary ��tr �:,, �i�Nt� �� d`��<� �'��;,°`,�,�w� Notary ID 126729530 THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 1 L/� day of m_ �°"� 2016, by Jimmie Nobles. ��:��.� „ � �� 9;�t�s� � PubNc, State ol T��x�as �� JUDY KINOIGER � �. � �� Comm. Explres 11-19•2016 � Nota �C��I�"�1i��K�I'r�X��;:;� �� '��* �� " Notar ID 126724530 �' � +�rdaoawe Y � C THE STATE OF TEXAS COUNTY OF DENTON �This�nstrument �� 8��r�lc�c1�;�� befare mC ry thManage da of � r 2016 by � �� •,�.�., , ��,��".�,. ........�.:_.......� ` '� � �� ._ ... r/Deputy C�i�:� l'�T•� � �esignated Representative, on behalf of the City of Denton, Texas. ,� �� med� � ��. Hu,�k�u �, 4�x,9'+6Po 9 fiRl�4 �4��9��k"!a�b��h �w �f„ � �: ��st�o�w��ru flx9��1 s�'d 6��uGd rsll� u� �„.r�+,w � ��s H �o�� '��'n� y�` �A4.��4r��'��r C,��CB'u P��M �s��'�S�k"` � �� q q ,p p p �"�a4kutlP�°"w'"" 0��1P��IV�9 V11911ti�AQk��'tl�k .. .�� ,�,.,, �� . ,�. ou uw�i�uwmrv,�vi��^+��m�ummw�: . oour� �w�i�ruumorm�umowu�w��+�wrw�+s��. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � „ ,�,w � „ w rt� � , BY: �° ` �� ° �� : �. � ' �b,. � � � � �� , � � k� �„ . � .��,�� " � ��k� ��N�� i�° �� » .��""�� ' �� '� � �' ��u �'��....,,.. _.�.�. �. _ � N��rl �•� Public, State of Texas 7 After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�PlanningWnnexations�2016 Annexations�NCJ�3.4.16�DH-2\Cole 161448 Non-annexation Agreement 2016.doc RECEIVED R�AR 17 2016 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 Mark and Linda Cole ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being a called 1.21 acre tract of land, more or less, situated in the G. Barb Survey, Abstract No. 208, Denton County, Texas, and being part of a 19.109 acre tract of land, more or less, described in that certain Warranty Deed with Vendor's Lien dated January 5, 2001 from Donald G. Cole Family Limited Partnership to Mark E. Cole and wife, Linda J. Cole, filed for record on January 9, 2001 and recorded in Volume 4750, Page 737 of the Real Property Records of Denton County, Texas. Said 1.21 acre tract, more or less, is commonly known as DCAD P�operty ID 161448. 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 � `a :�, - �� 1 ¢'w'�� I::, �y � � � � � � � �� . �� 1'�� 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 Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not 2 prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. 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. L� Section 6. Noticewof Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale Wor 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 �,,.� , �.m�.,� ,�.. �� , ��' ' � "� .., � a mm� ..� . �'�.n. a,��v_ _� ..� �,. �^� � �.,1 C�all C010 THE CITY OF DENTON, TEXAS �,,�� °� �:� � � � � �� City G�v'1.�� •�, lle u Ci �m Ma a er, Y�_ � p ty ty g or Designated Representative II�I :i�I.911I:11Y�[�]�IIY�:I:I.� COUNTY OF DENTON This instrument was acknowledged before me on the �S� day of ��'�� _mm 2016, by Mark Cole. � � �� '��r �� Hartman �� ^ �'�ceMsu��r„w I'uMk�SWleofTeaw� � �� ('ommtsxMm M 13111)1Jlit ' "�.�`am��p ��" �Expires: 11/09/2019 THE STATE OF TEXAS COUNTY OF DENTON " VuJ� ,� � �� ...�n.,_ ��°� � ~`� � � � � � � � ,� � � �r �� ° ��,, �,.,. .�"��,M�'��.�.��',�� w,��.� ��.�a,�� .w�.. . �J� t��Public, State of Texas This instrument was acknowledged before me on the�s � day of �„��°�� W°� ��'��IT��__ 2016, by Linda Cole. � n�� R��s Linda Hartman �y '� ° \ularyl'ublic,Slultuf"fcrac,' �� "4 �� (:ommissiun M 131NJiJNS k�� i��,.�"�n" ��m'�� 11/09/2019 ��rv�� 1�`. ��.`1111: I�1 D[�T�II Y�:I`.� COUNTY OF DENTON y.�im, ,�,„„ ��/ ��w�.. �,�.�� . r�'"�- � � �C�l<��'"��I�iac,� � �:u:�� .�_�.�'��,��.,.....��, ��' � � �� State of " "exas ��4°� � ��r:��ca1 � �� c:�:�r�a�+rlc ��'�;�ed before'r�� raGt t.l�a� �ger/De �� a�t`.IT �� ° , , '�t� l(�� a� "� t��,4s � ��"� . �".�... �� .. �..��. � ��. City Mana puty �.�� "N��.��°t°'��i�;��tla�c� � ��. � .�� .� .� Representative, on behalf of the City of Denton, Texas. � �:o:��.......,.� � ...w,.., �..�°� _ � �� o<< �� ,� �wo A�� ` �� ld�l df'i"� I 9 IG;4��"��ial��:�1^I ��, � iPd��4�a+`ri ��liAt ;i�7�+4� ?ai "�K �^��;� ' ,�" � f'� "' �,,�,:.1C\r9P'tit1. G..1P�4" ° �d�a r r' `�'S,.'b i �` " � �. �, ��'v��r '� fxl�:1'YC�N��'fY:��"wh�0�� , q�m. �.w��. Mm., �,�� ;u�� w��e; ,��^ � . .....� �� ".... �«� � � � � � � �� . . N+� ��t�y Public, State of Texas 6 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : � � BY: � � ��w `�-� �� ^ . �, � A ��.. ��.: �� '�,�� ., � � �.. � ,.� °� �� r � � f�� ,�� Na �� „ �� ,�� „�� ,,� � �aJ �� After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�PlanningWnnexations�2016 Annexations�NCJ�3.4.16�DH-2\Cole 225537 Non-annexation Agreement 2016.doc RECEIVED MAR 1 � 2016 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 Mark and Linda Cole ("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 8.000 acres of land, more or less, situated in the J. F. Myers Survey, Abstract No. 1699, Denton County, Texas, and being more fully described in that certain Cash Warranty Deed dated April 18, 2000 from Donald G. Cole Family Limited Partnership to Mark E. Cole and wife, Linda J. Cole, filed for record on April 18, 2000 and recorded in Volume 4571, Page 1057 of the Real Property Records of Denton County, Texas. Said 8.000 acres, more or less, is commonly known as DCAD Property ID 225537. 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; �° �� :� ... � �,�� . � a"� �° � � w � 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 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of mthe 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�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 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 �les 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 tertnination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners � �� ,�.�� '�.�.� ......................��....�.�................:.....................�.� ______.. i��a�l< cole � . .� p ,�k ��O x q "+��....�.� � �/'�� ..� � � � � �'� ' ��" � ��a C le�� . ��.� �; � �_ w.�. .. ....__.....� � THE CITY OF DENTON, TEXAS � � �„rv� �� ,�� „ � � �� rvw�� By � � �,. .� � �.,� City 1'�'t"�m�r��„ ��r�a�� City ��, or a.�.... Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the � 5 day of m mmm__ �,,m �' �� 2016, by Mark Cole. �,� �.,...��,�.�.rv�,��,.�� .....� .�...._. � , � ... ��°�� Linda Hartman ��, � � � " �u�an• I'uhlic. SWte uf'lixr� '°� ''� "� � � ('ommissfua M IJINJJ�lt. � � y� t ( �� ,� ,e^ �„��^�"„�;� � �" � � m� �, .�..�� `� d�� 19 ' '��r��a��r Public, State �af� Texas �� r THE STATE OF TEXAS COUNTY OF DENTON �.� � �= /, This instrument was acknowledged before me on the ��G� �i' �%��l� ,„ 2016, by Linda Cole. w; � : �k��,^� Linda Hartman"M,� :;� �� ,��"�� , �� °�� „��.� �. - _ . � \ular� I'uhlic. Slalr uf I'cra� ' � � d� � � ��`� .�� Ex�ires:�17/09/2019�� ,,.� .��7L�;tIl�� `ll��i�„ Sta � '�.�,,,,, � ........�m,_ ` �.�::a �. ��;�� p y te of Texas �.�.,��,��,«,��.�� , THE STATE OF TEXAS COUNTY OF DENTON T�h�s ��a��r�� w�� a�c�knowE��ci before mCity t Manager/Deputy City Mana � 2016, by � ��....__.� �..�w�_�� ..............��.�.��. ....................... ger/Designated Representative, on behalf of the City of Denton, Texas„ �� J�� Q �� R� �� , �. ��"��n� u�Yl4 1 �'b4,V�hk��'lib �CPI�� . � n�,��ti��f�t� �:,iairi [c< b°G��r�il arf t�E „��eA ', �°�� ;; a k� aT,�u�� p�:�.� r��x ��r�� r r � °�"'��Fa�� ,v Pf�b'kr�l+3�1�1�1�"�Yr�*°�e. ,. �d d l4 Wuw.W,.� m'�Mti�b41✓ IWNNPN f��ufl'I�'YM�W@�iillN�^h'NNWo o&IIUW1 uWiNVMIm�'�51',�'a'�'� '��'�%"�A�IUN!�� -�� , ��. . � ��'��,��M�� N��t�� y Public, State of Texas APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � �6 �� BY; ��.k�l � �.�'� �`q.�; , ��.,,.,� � �.�� ,�sr� � � w w , � r� �` � �� M �"� ;�;�,�� "�� .. �'' . �� ,� �� , � ��.� After recordins return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�.4nnexations\2016 Annexations\NC.T�3.4.16�DH-2\Cole 36611 Non-annexation Agreement 2016.doc RECEIVED �fAR 17 2016 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 Mark and Linda Cole ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being a called 6.07 acre tract of land, more or less, situated in the J.F. Meyers Survey, Abstract No. 1699, Denton County, Texas, and being part of a 19.109 acre tract of land, more or less, described in that certain Warranty Deed with Vendor's Lien dated January 5, 2001 from Donald G. Cole Family Limited Partnership to Mark E. Cole and wife, Linda J. Cole, filed for record on January 9, 2001 and recorded in Volume 4750, Page 737 of the Real Property Records of Denton County, Texas. Said 6.07 acre tract, more or less, is commonly known as DCAD Property ID 36611. 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•*s��°µ �„��,� and �...�„�w �'� � �;:,� � ..... � E� ..... � r� � � �' � �� : �=: y`� h"� 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 property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of 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 �les 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. C! 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,WDenton 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. �„.m Owners f' "�� ,„ �� ,�� '.. � �� ,�.��..�,�w�..,,. ...�__..._. � _ _ � ��"�ti� COIP �� .... �. �.. �� r �� '� �� , ��.�. �-w �. �� ..�� .� � _ ._. � �. ��.,i�X� � Cole � THE CITY OF DENTON, TEXAS ��°�� $y �'�,�� "�' :�-��, �..,....�,.� City.�r'1��c�� :��,�r City 14�i��uc°, or Designated Representative 1�1:1�.`�11:11y��] I�1 D1:I:[. COUNTY OF DENTON } This instrument was acknowledged before me on the �S day of /'// q/�C�+" \ , 2016, by Mark Cole. � � � � � � �, �, � �° �� ,�,��" ,�� ,��"�� inda Hartman� " � � � f� �, 1"� � � � ('o misz�on�M 131113JJN$ � l ��' .�„� �""�^�`�� '��'��"� �a.,�.,.� �, �..��a �" ��u�a luhlk Slrteuf'1'e�� Ul��l� � � LN��NC,�� ...� � ..�� _ r� ""�'� �� . ��/o9l2ota p '� State of'� ��.�r� THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowled ed before me on the da of ��, �°�� °� • g /S y �� _---....__, 2016, by Linda Cole. �; � � µ ., �� ,� .�. � � �� Hsrtman . ... � � � \Wary 1'rMk. SINe mwM ��z� ' "" ,�+'"�' w �u° o � � .� �� ;� � � � o ,� io�s � �� . �� ,� � �� ,�" � ��►t�xt� M ��►13�.� � � n ...�. ......... ° ..._ ��,�� p��w�^� lo�! °��1�� Public, State of Texas I�:I�.y111:11Y�L�]�IY�:I:�.� COUNTY OF DENTON ��, ' ��k:��tl��;c,+�� before me on the �� _ day of ,��"�� w 2016, by ��ment wa��^ �. � * City Manag eputy Ca l� �� a�r��,c�cl%.)esignated Representative, on behalf of the City of Denton, Texas. v . 00 MN�i�uw�w�eu!MN."�w ��n �'k',4Y�mw� Ww uW,� wCJ�Wne�a,�;MPiMwm WCqI ;�WMN MII (ONiP. � a�, " �� e��J� � �� u��s��s�r " 4 o �� ' rtr>>d+F� �� iaii� uu �� i i a��a� �� ^�^, t, � °�M. '' 4,��..�P+r1��fl f..aM,F` fb6d,.�%°..�i,�`9 i "��p"9`"o u„�04tl2mro��" Vah�l�`�slr�,�Ofbi��"�a"u��"f�k ��"��'�wuw��wuu��,^i,��;o,,;nw,uaar ruima�v�r�nom��brau�ur%iraw .,�, „ er�m,u�rwrudru�rm, ��,��,�� ° � . �. �� N��r� Public, State of Texas � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY , � � .� �: ______ ��.. m � � �,� ��._•� _� �� _��....�� BY: � � '� ' � � � �� ,��`�� ,� �,�' :;� �� "� , � , �� .... ��,�� ..�� .�� „„��„� After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�PlanningWnnexations�2016 Annexations\NCJ\3.4.16�DH-2\Cole 36605 Non-annexation Agreement 2016.doc RECEIVED MAR 17 2016 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 Mark and Linda Cole ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being a called 11.829 acre tract of land, more or less, situated in the J.F. Meyers Survey, Abstract No. 1699, Denton County, Texas, and being part of a 19.109 acre tract of land, more or less, described in that certain Warranty Deed with Vendor's Lien dated January 5, 2001 from Donald G. Cole Family Limited Partnership to Mark E. Cole and wife, Linda J. Cole, filed for record on January 9, 2001 and recorded in Volume 4750, Page 737 of the Real Property Records of Denton County, Texas. Said 11.829 acre tract, more or less, is commonly known as DCAD Property ID 36605. 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 �� ,. ., ... � M � w, .... �� d �� .B � w 'tl � �, d.. p�� I! �� ° " µ. WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in April 2016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. 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� 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 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, 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. DeyelmopmentmmPlan 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 m 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. ii � Section 6. Noticewwofw,Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale Wor 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 ��`� �w �� „�.. � .e. �..� _�� e .m.________. ��i°�. Cole 5 ...� �, �,.. . � ' . � � „� "�� ..� � � �,�. �„ . �, � �' , �" .��"'"� �,. - f,rv�,°,�r' � . �,�5"�,.._.,__ � � .., . .�^ r��.,.��.� t�,.n �. �� ,r . „ .� r� �.� .....�� . �,.., � _____ � Cole THE CITY OF DENTON, TEXAS ��. �� $Y: _-��, � . � � .�„w��.� - City �.�t7t�m�a��•,�.�a.��.�ty Crty Nl,�:��:�� or � Designated Representative THE STATE OF TEXAS COUNTY OF DENTON � �'��, �jy� This instrument was acknowledged before me on the m�•�� day of /'rl�� 2016, by Mark Cole. �„�� ,�� .,�... �.m,� �. . � -� AWW' � ��M:�� linda Hartman �w . � � ��' �� i „„ .� �ulen• 1'uUlk. Slrle of'ferw� '' � ,�"�� , � � �'w� �'ummksiun N 1J11131�lt5 �� °'� `'� �� ..�...� ..... � �� '� "«� a, , � � aW"X�� a�� u ��/o�lzo�9 p�,��a� Pubhc,nState of Texas THE STATE OF TEXAS COUNTY OF DENTON } This instrument was acknowledged before me on the �w�`;' day of �� 2016, by Linda Cole. �..� .� �, . �.,,.. ;��,w�� ,,�� ,�w �,a. .�. � �"'� � ,a� �a�, ,��. � � �� . � � � �v� '�� '�a� � �� l�nda Hartman r �° �F � �� .��.. p� '�" � � r� . ,� �' d w �� W+ '� �mp \( ipm�uioo p 131F13��SSR� : ["��"p�a�1'�" PUbI1C� State of Texa _ � � � �� S � µ 09/2019 ' �+ Ex ires 11/ � �a . .. .... m ,m�. �w�� THE STATE OF TEXAS CK�1�1►Y11•L�7��7�1►MC�1►1 � d�� wi�•�rr�c�rt� ��,� ��1��uv�°I��<.k before me on the �� day of �'�� 2016, by �� ,,�,,��" ��„ ��",��,��„� ,�� ,, City Manager/Deputy C��.yr M��sf6;�esignated Representative, on behalf of the Ciry of Denton, Texas. v� �� N� �"�,��A°� � k,��f �f �� I i'V� fi�dr��4�fi��,t�@{ .... � �ro„ �� .P'hSIfF,P �f�lff�lf( ��1P �l% 4f:rfF'a,df I � < d�°� �,� d��,�p�� e �� b�r� ��^ �r �� a �✓�uo'iv�� 1�J41V'�f't'I�U4'i��i��Y� Il�ww'MflOvvvWPUdI'% wfNWWN��W.¢"�iGltiYdl T�.WVMI �ffftlilr�`MM1�iV�iNau.wg„,btltl�"�'��flN'WNW'u�'b�h';�m�al4��oY�➢9� IW�IW� � � � w .. ..._ _.,e Not�� Public, State ofTexas � 6 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � � � BY; �'��"�`,�'�._, !'�� _�„.�"�� .��,,....,,. ,� �r � , � � � ` � ��" �'� �� ,�I �( �'�.�� ,�� .,,�� .��,,,� �' °` �� " � � �, After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�P,nnexations�2016 Annexations�NC.1�3.4.16�DH-2\Wilde, Glenn Ruthanna Non-annexation Agreement 2016.doc ��V�� tl•0�� `� �� 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 Glenn and Ruthanna Wilde ("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 6.00 acres of land, more or less, situated in the E. A. Orr Survey, Abstract No. 983, and the Myers-Brummett-Johnson-Green Survey, Abstract No. 1699, Denton County, Texas, and being more fully described in that certain Cash Warranty Deed dated March 19, 1999 from Glenn S. Wilde and Ruthanna M. Wilde, as Trustees of the Glenn S. Wilde and Ruthanna M. Wilde Family Trust to Glenn S. Wilde and Ruthanna M. Wilde, filed for record on March 19, 1999 and recorded in Volume 4300, Page 2150 of the Real Property Records of Denton County, Texas. Said 6.00 acres, more or less, is commonly known as DCAD Property ID 166775 and an unidentified DCAD Property ID lying in the Myers- Brummett-Johnson-Green Survey, Abstract No. 1699. 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 deiined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. �:�c��u��a��.�� 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 2 this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the 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 Speciiications 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, 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 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. ��r��, . � � � ;�� ..� , � � �-��. � . � ..... .... ��. `.�"il � �:r� W � �icl�: �,..w�� _, ��,.......�_.�.,�_,.�. ....�..,_... 5 ��_� . , r �� r � � �� . _ _ � �..e� �� (.�y"�.�::" � ��, � , �t�ch��n�� 'I�l�� •.,._ �.. � ��,..� ��.v w�° �� THE CITY OF DENTON, TEXAS � �� - � „, �� '„� � .: � � �� a�� f� puty City �'i��r��cn�r�, or��_�..,. Designated Representative THE STATE OF TEXAS COUNTY OF DENTON . � � . � � This mstrument was acknowledged before me on the ��'�� day of �' _�� - �...,��.� .. ,, ...............� 2016, by Glenn Wilde. � �p�M�a�a„� .�,,�a�. Tonl Reedy ��.,�, ��" "��4° ��w.'„�NOtO�y PUbIIC, STOte Of �CxOs �„„�•�,„ � � Comm. Expires 03-21-2016 '��„��q; ;w� Notar�r ID 505547-8 THE STATE OF TEXAS COUNTY OF DENTON �,.. Ty, � �,.��, � � . � a.� �� . .s� � � ..... . �" �,, � , �f„v �,� Notary Public, . _______ � w .�: ......... ......... State of �i'�x��„ '� �� This instrument was acknowledged before me on the � day of _ ��/� �,��,.,�� , 2016, by Ruthanna Wilde. �w��µ�V�M��J� .�....w_��....�Tonl Reedy .�..�,�..�,. �� '�„ Notary Public, State of Texas "��^� ,�� „�„� Comm. Expires 03-21-2018 ' �� .., '��ry�;�k`` NotarylD 505547-8 THE STATE OF TEXAS COUNTY OF DENTON � �, �'� ,o ��„ � �u ��.... �........ � ��k w......�� . _ ,. d� �" �m �M,��.,. � � �` �y ��, � ..."::' w.. Nota Public State of Texas ry� � W+e wrw� �y ment °� �� ,,��,� Cit ��Mana er/De ut� ��°�t� 1!�'1.°� �� I�� y ru r��i� ��I��,vl��l �u�� before �� ar� ��l�a� �� ti � "� �T��s�� .. �� w��a �utll��;i �i��lt�� .. .� ... � �� "..��' � ......�� .�.m� �.___�� Y g P Y � � " ` � "� Representative, on behalf of the City of Denton, Texas. � �� , � �� r��o� 6' �,�� Ir'�ISS�.x lydt y.-G��4'f1 ,(.�. .. ��" ' �� ,'� � �rb�,�rit�,�a�a;a�lRa ;�r�y� ��i sti'�>,�,"^�4 �u'�p F��^ w��," f,4 kks�l�rl k" �t9�� ,"SG�• �� f' ��k� C �� ° ` � PPf)'l"�[+i'lS}th�ua9�� au� nm��mo�iw�monr�m w.� ��i � �w�wu��u,u�Joir�mrv�iu�!�Mm'+�'a��uwu�w�wv,u�v.mro�e�Na��qmi�� ..... � � ��.�� "��.�,. , � . . ........� Notary 1�ablic, State of Texas APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY M1`v '�"�'y�m r. ,+y p p � B 1 • � �,��k& � h.,+�� h�d�IMN M. �� M'�".:�_..,_ � �N� �� W..�.. �� . I� M� 1..� ��.,, � �� "� � ,�v � � �� 'M� 1 � r�w' , ...�," µ�»^' I 4„,�� ,,��r� u� After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�.4nnexations�2016 Annexations�NCJ\3.4.16�DH-2�Ivlitche1160756 60759 Non-annexation Agreement 2016.doc �I� � � �� N � �;;;��, I� 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 Gerald Mitchell ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being a called 11.717 acre tract of land, situated in the E.A. Orr Survey, Abstract No. 983, Denton County, Texas, and being that portion lying outside of the city limits of a 19.317 acre tract described in the First Tract of that Warranty Deed with Vendor's Lien dated September 3, 1980 from Jeannette E. McDonald to Gerald L. Mitchell and wife, Nedra C. Mitchell, filed for record September 4, 1980 and recorded in Volume 1034, Page 167 of the Real Property Records of Denton County, Texas. Said 11.717 acres, more or less, is commonly known as DCAD Property ID 60756. Being a called 33.73 acre tract of land, situated in the E.A. Orr Survey, Abstract No. 983, Denton County, Texas, and being that portion lying outside of the city limits of a 36.765 acre tract described in the Second Tract of that Warranty Deed with Vendor's Lien dated September 3, 1980 from Jeannette E. McDonald to Gerald L. Mitchell and wife, Nedra C. Mitchell, filed for record September 4, 1980 and recorded in Volume 1034, Page 167 of the Real Property Records of Denton County, Texas. Said 33.75 acres, more or less, is commonly known as DCAD Property ID 60759. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. 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 iive (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin�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: Q c. d. e. f. g• h. International Building Code, 2012 Edition with local amendments; International Residential Code, 2012 Edition with Appendix G and local amendments; The International Fire Code, 2012 Edition with local amendments; International Plumbing Code, 2012 Edition with local amendments; International Fuel Gas Code, 2012 Edition with local amendments; International Mechanical Code, 2012 Edition with local amendments Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; 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; (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 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 notmminvalidate 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/l�ir h�t" / � � `��C�`'� �,..�..,.,....��.��.��........,,,,��._�.....� .�.........�.� .................. Gerald Mitchell THE CITY OF DENTON, TEXAS � � �� ° � �� By: �:� �� City � �,�r„��a;�ty��City Manager, or ��w�..... Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the _�� ,� day of �°�"��„� _., 2016, by Gerald MitchelL ��.�� ° "� "� � I��C�uf�99u1i�4'�4'�R��i�Qu�V �� °�� M', °��„ ok s�l lax��.�i�r y'�a9rfrr„ "M�a�1�, ea� 1'�°,!!xrko�°r �,�" �� t �xri,ri� 1 a^pa�i� �,� (�°a V � �RkV'� �°° �� t "^��" �+SQd��C�r4f� 4'afs�a�'9�"4� "�' �„ ��.�_...��. �� . � �� . n �m � � �_ .. ............. , � ' "'�'�""" � �"'�� ""°�"� � otary ��"�at� ��, State of Texas THE STATE OF TEXAS COUNTY OF DENTON � �"� "�� r��,kr��,r�l �P�a� ��k�a��w��;�� 1��a��'��p•� r�� i� ��: ��m��:��y c��'�.��,h ��"�"U....., �(��, ��r� ��,��,�'.__��,��°��"�,,.. , City Manager/Deputy C'itr� C"��a��r',J]��.*��a��tt��l' Representative, on behalf of the City of Denton, Texas. �� W�� «� ��n. ,�A��J�� ,�9��0��.� u�G� 9d�,��^,�.�i�°=�� i �� . �� R��M+r�r�M n:>iiri� �a ,u��w f+r � i: �r��' �. �"� �� 11r�P`� f adl� G��Ga ,�P 1t��'� ��;��nid"w,�"� P�VVSV.��6rf41'b":��s��"°i�� a�d�PH� � II�NIIWNu.w�w!WWV�%4'�„',NWI�%'�il'CbOp'Un,�@I�I�ryMN�i�UWYW�'�qIlUI�Po�IDIIOW�SM� J;qMN�66'N;4W�'^�O�kPN/uWVWp��f �. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �� °�....�� „�a Nc�� [��a��lic, State of Texas �� '�; r� �°�"�� ^ � � �"��.��,�� , �� m�� ' BY: � ��.�.� �e. � � �'�� f � ,,:��` �� ,� k ��'�r "� �,� b �°�� w � �� After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:\Planning\Annexatians\2016 Annexatrons\TIC:J\3.4.16\I?I-I-2\Schrcredcr 60782 36633IVon-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 Annette Schroeder ("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 25.447 acres of land, more or less, situated in the S. Huizar Survey, Abstract No. 514 and the G. Barb Survey, Abstract No. 208, described in that Deed of Gift dated December 22, 1994, from James W. Wetzel and Freda J. Wetzel to Lisa K. Fergason and James Fergason, filed for record on December 27, 1994 and recorded in Instrument Number 94-R0093960 of the Real Property Records of Denton County, Texas; SAVE AND EXCEPT that portion of the 25.447 acre tract lying within the existing city limits, commonly known as DCAD Property ID 75052; And further SAVE AND EXCEPT that portion of the 25.447 acre tract of land previously conveyed to the State of Texas for Highway 380 right of way; Leaving 7.535 acres, more or less, commonly known as DCAD Properry ID 60782 and DCAD Property ID 36633. 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... i�1 �� r:, r' � � i°:"> C� ��;1::� f� f� 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_ofITETJ Statu�: 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 f ve (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� 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; £ International Mechanica] Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§17-141 —210, as amended and as applicable; and N, Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; 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. . # . � .. . �.. -� • � '. • . , - . • (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. ...............................................................................�on. Unless extended by mutual agreement of the Parties, Section 13. Term and Extens� 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 in p Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. 5 (::)r� �a�,�� .��. wr� �. � . � �..,. �� "� . ..::,. �'��:�. �� •��.�. ,��"�, �1,��iC� Schroeder THE CITY OF DENTON, TEXAS �*w*��,�� „�� „�µ�� gy � ��W� � � �� ,., . Crty ��r��r�r•, L��:��tat� Ci yt � Nrt��:�°, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON � ��This instrument was acknowledged before me on the _ day of __ �� _��N''�, �� 2016, by Annette Schroeder. � ro �� :a� �'�� mwm�rv�� V"��W��P� i�a.6�:W�� A��W�� ae� ��4d�4��ro � �� »,� �� ,, .� ,�,��.� �, :;�-.�� ,«� �� ,m,��' "a�„�^; � � .� �.4.D61�V V"U. �Xl�i,k�U�,4n II�k fl�b..��W *��^� . � � �"�� s��` �� u'�� rt�y� ��1�9��, State of fe��,� �� THE STATE OF TEXAS COUNTY OF DENTON This instrument �,� �� au��c�aa��r1��,� c:l before ��a� cr�� lY�� ti �� ...ITIT ��,ty s�� '��'��"� °�l� 9 (i, �y �� .. _. . .��'��" .��. ��"..� .� . ............> City Manager/Deputy �'ai,� �r1��,r��°1��,i�;n��t�c� Representative, on behalf of the City of Denton, Texas. ��o��w � �� y w�^��°M"��a�r �� fl�� u�ll�i�u°��u��w��u� �� : �� ;s��u�^�d::�y�a�iA�.�°u.�uu a,w ��..�� "° ��^ � �4:��11�� u� �4�.,�a�* ��d , �� k�,� fliu ��'�m*�� II°r��,.b.r��w��N u�' �,I �r��,r V ��."'�� aoamn!�ur� �iu�wui,..«.�..� ,.:m��. �. .�,..,�.. �e�, . APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � �,,� � ,� � � � � �� BY: �.�� ° x�� r ��,.� � -- �.v � W � � � �� . .....� �� m.. �.. _ � • � �- �` u N�a1.��• Public, State of Texas After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201