2016-116S:\Legaf\(�ur CJocusnents\Ord'rnances\16\DH-5 acceptir�g non ann�xation agreements.doc
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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-5, AN AREA OF APPROXIMATELY 219.127 ACRES LOCATED ON THE EAST
SIDE OF FORT WORTH DRIVE, WEST SIDE OF COUNTRY CLUB DRIVE, NORTH OF
BRUSH CREEK 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-5, 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 Exhibrt A and generally depicted in the map
attached as Exhibit B��c���� ��1"�v}�i�9� ����: 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 regulati�ns as if such land were
within the City limits, as provided further in such agreement; and
WHEREAS, the City has previausly offered said non-annexation agreement(s) to
owner(s) of eligible property within the subject area, in approximately 2010 and 2015, and now
desires to offer new non-annexation agreement(s) to owner(s) of eligible property in the area for
an additional five (5) year term in light of the growth of the Denton area, the need 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 ather owner(s) either did not accept the
offer within the time prescribed, or the properties otherwise became ineligible for such
agreement and are therefore set to be annexed within the time allowed by law; and
WHEREAS, the Denton City Cauncil deems it to be in the best interests of the citizens of
the City of Denton to enter into such non-annexation agreement(s) with eligible property
owner(s) in the subject area, who timely submitted non-annexation agreement(s); NOW,
Ti1�it�FOi�l:y
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
s:\legal\our documents\ordinances\16\dh-5 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-5, 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.
mSECTION 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
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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ANITA BURGESS, CITY ATTORNEY
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EXHIBIT "A"
Annexation Tract DHS
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 and disannexation ordinances as
follows: Ordinance 1965-43 (Tract 4), Ordinance 1969-40 (Tract III), Ordinance 1980-1 (Tracts
1& 2), Ordinance 1997-130, and Ordinance 2001-90 (Tract 1); and being more specifically
described as follows:
BEGINNING at a point on the north right-of way of Brush Creek Road as described in
Ordinance 2110-090, Ryan Tract I;
THENCE along a series of segments as described in Ordinance 2001-090 as follows;
THENCE along the north right-of-way line of Brush Creek Road and thereafter the west
right-of-way of FM 1830, approximately 4668.43 feet to a point for a corner;
THENCE South 89° 51' 22" West, 500 feet to a point for a corner;
THENCE North 00° 08' 38" West, 450 feet, to a point for a corner;
THENCE South 89° 51' 22" East, 500 feet to a point for a corner, said pint along the
west right-of-way line of FM 1830;
THENCE northerly along the west right-of-way line of FM 1830, approximately 1241,24
feet to a point for a corner;
THENCE westerly approximately 2607 feet to a point for a corner;
THENCE north along the west line of the B.B.B. & C.R.R. Co. Survey, Abstract 196,
approximately 1004.92 feet to a point for a corner, said point lying in the center of Hickory
Creek;
THENCE along Hickory Creek to a point for a corner, said corner being on a line
Described in Ordinance 65-43 (Tract IV);
THENCE southwesterly along the easterly line of the property described in Ordinance 65-43
(Tract IV) to a point described on Ordinance 80-1 (Tract II);
THENCE westerly to the east right-of-way of Fort Worth Drive as described in Ordinance 80-1
(Tract II);
THENCE along the east right-of-way of Fort Worth Drive as described in Ordinance 80-1 9Tract
II) and Ordinance 80-1 (Tract I), to a point for a corner;
THENCE easterly along the line described by Ordinance 80-1 9Tract I) to a point, said point
intersecting a line defined by Ordinance 97-130;
THENCE North 88° 34' 45" East, 1171.23 to a point for a corner;
THENCE North OS° 47' 49" East, 193.72 feet to a point for a corner;
THENCE North 88° 38' 45" East, 1240.69 feet to a point for a corner;
THENCE southerly to a point, said point being the intersection of a line described by Ordinance
2001-090, Ryan Tract I;
THENCE easterly approximately 1320.50 feet to a point for a corner;
THENCE southerly approximately 2640 feet to the Point of Beginning,
Tract 2
Being the property described in Ordinance 2001-090 as a Save & Except Tract. The following
description is as written in the said ordinance.
BEGINNING at a point on the north line of Brush Creek Road and on the southerly right-of way
line of FM 1830 and being North 58° 12' S9" East a distance of 20.00 feet from the northwest
corner of the tract of land described in the deed from A.E. Wyatt to Fred D. Kurrus being
recorded in Volume 598, Page 544, Deed Records of Denton County, Texas;
THENCE North 58° 12' 80" East along the south right-of-way line of FM 1830 a distance of
323.52 to the beginning of curve to the left having a radius of 617.23 feet;
THENCE with said curve to the left having an arc length of 443.28 feet and a chord bearing of
North 37° 38' 31" East a distance of 433.82 feet to a point on the southerly right-of-way of FM
1830 and on the west line of the tract of land described in the deed to Sowell Property Partners-
Hickory being recorded as County Clerk's File Number 99-R0088518, Real Property Records of
Denton County, Texas;
THENCE South 00° 54' 46" East along the west line of the said Sowell Property Partners-
Hickory tract a distance of 489.39 feet to a point on the north right-of-way of Brush Creek Road;
THENCE South 87° 25' 34" West along the north line of Brush Creek Road a distance of 548.30
feet to the POINT OF BEGINNING and containing 2.25 acres of land.
EXHIBIT "B"
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EXHIBIT "C"
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E524A9A6E8D2\1457460280Burch+Farm+220123+524407++Non-annexation+Agreement+2016.doc
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
2016 NON-ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code
by and between the City of Denton, Texas (the "City") and Burch Family Farm, Ltd.
("Owners"), the property owners of the hereinafter described property (the "Property") in Denton
County, Texas, sometimes individually or collectively referred to as "Party" or "Parties":
Being 1.457 acres of land, more or less, situated in the B.B.B. & C.R.R. Co. Survey,
Abstract No. 196 and the J. Withers Survey Abstract No. 1343, Denton County, Texas,
and being more fully described in the Second Tract of that certain Special Warranty
Deed dated September 6, 2007 from Richard L. Burch to Burch Family Farm, Ltd,
filed for record on September 13, 2007 and recorded in Instrument Number 2007-
110044 of the Real Property Records of Denton County, Texas. Said 1.457 acres of
land, more or less, is commonly known as DCAD Property ID 220123 and DCAD
Property ID 524407, respectively.
RECITALS
WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given
notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an
"Annexation Area" that includes the above-described Property which was and is subject to the
provisions of §43.035, Tex. Loc. Gov't Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non-
annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't
Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in
lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not
otherwise excluded by operation of State law; and
WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes
of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to
develop the property and to authorize the municipality to apply development regulations not
inconsistent with agricultural use; and
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, based upon Owners' representations and City's investigation, it appears that
the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex.
Tax Code; and
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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� Re�ulations. The following City regulations shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
this Agreement, provided that the application of such regulations does not result in interference
�.
with the use of the land for agricultural, wildlife management or forestry purposes and does not
prevent the continuation of a use established prior to the effective date of this Agreement and
which remains lawful at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code ("DDC"), as amended
pursuant to the current Denton Plan, as amended, including but not limited to the
(RD-5) Zoning District regulations, and standards incorporated therein;
(2) The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria Manuals
(including construction, drainage, site design, solid waste, transportation, tree
protection standards, and water/wastewater), Denton Mobility Plan and other
approved Master Plans of the City of Denton, Texas, and the most recent North
Central Texas Council of Governments Standard Specifications for Public Works
Construction, North Central Texas (NCTCOG Manual);
(3) Denton building codes, as adopted by the City and currently contained within Denton
Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments,
both as from time to time amended, and more particularly set forth as follows:
a. International Building Code, 2012 Edition with local amendments;
b. International Residential Code, 2012 Edition with Appendix G and local
amendments;
c. The International Fire Code, 2012 Edition with local amendments;
d. International Plumbing Code, 2012 Edition with local amendments;
e. International Fuel Gas Code, 2012 Edition with local amendments;
f. International Mechanical Code, 2012 Edition with local amendments
g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as
amended;
h. International Energy Conservation Code, 2012 Edition with regional
amendments;
i. National Electric Code, 2012 Edition with local amendments;
j. National Electric Safety Code, 2012 Edition, with regional amendments;
k. Minimum housing and building standards, Denton Code §§28-383 — 437 and
§§ 17-141 — 210, as amended and as applicable; and
1. Irrigation Standards, Denton Code §§28-441 — 457;
(4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as
amended;
(5) Applicable water and wastewater connection, construction and on-site operation
requirements, contained within Chapter 26 of the Denton Code of Ordinances, as
amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and
Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water
Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code,
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; Voluntarv �exation.
(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.
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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. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. The Term may be extended upon mutual
agreement of the Parties.
Section 14. Survival of„Covenants. The covenants in Sections 2 and 4, as well as the
consent provisions in Section SB, shall survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
Owners:
Burch Family Farm, Ltd.
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THE CITY OF DENTON, TEXAS
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THE STATE OF TEXAS
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THE STATE OF TEXAS
COUNTY OF DENTON
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Notary Public, State of Texas �������m-
Th�� in�ir ���Gt�em�l �n����� ��c�kr����v��.a���a� before me on the �°� �"�. _ day of �� � ���� ��a _ , 2016, by
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: � ; � �� r �� � � �� �'� � ��� �� ����� � ��°� `r
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After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�Planning�.4nnexations�2016 Annexations�NCJ\3.4.16�DH-S�Burch Farm 38144 Non-annexation Agreement 2016.doc
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
2016 NON-ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code
by and between the City of Denton, Texas (the "City") and Burch Family Farm, Ltd.
("Owners"), the property owners of the hereinafter described property (the "Property") in Denton
County, Texas, sometimes individually or collectively referred to as "Party" or "Parties":
Being 91.760 acres of land, more or less, situated in the James W. Withers Survey,
Abstract No. 1343, Denton County, Texas, and being more fully described in the
First Tract of that certain Special Warranty Deed dated September 6, 2007 from
Richard L. Burch to Burch Family Farm, Ltd., filed for record on September 13,
2007 and recorded in Instrument Number 2007-1 1 0040 of the Real Property Records
of Denton County, Texas. Said 91.760 acres of land, more or less, is commonly
known as DCAD Property ID No. 38144.
RECITALS
WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given
notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an
"Annexation Area" that includes the above-described Property which was and is subject to the
provisions of §43.035, Tex. Loc. Gov't Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non-
annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't
Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in
lieu of the City's annexation in 2015 (`Bxtended NAA"), of all land in the Annexation Area not
otherwise excluded by operation of State law; and
WHEREAS, Tex. 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
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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 properiy owner may apply to the City for division of the land subject to this Agreement into
parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section
without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governin� Regulations. The following City regulations shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
this Agreement, provided that the application of such regulations does not result in interference
with the use of the land for agricultural, wildlife management or forestry purposes and does not
2
prevent the continuation of a use established prior to the effective date of this Agreement and
which remains lawful at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code ("DDC"), as amended
pursuant to the current Denton Plan, as amended, including but not limited to the
(RD-5) Zoning District regulations, and standards incorporated therein;
(2) The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria Manuals
(including construction, drainage, site design, solid waste, transportation, tree
protection standards, and water/wastewater), Denton Mobility Plan and other
approved Master Plans of the City of Denton, Texas, and the most recent North
Central Texas Council of Governments Standard Specifications for Public Works
Construction, North Central Texas (NCTCOG Manual);
(3) Denton building codes, as adopted by the City and currently contained within Denton
Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments,
both as from time to time amended, and more particularly set forth as follows:
a. International Building Code, 2012 Edition with local amendments;
b. International Residential Code, 2012 Edition with Appendix G and local
amendments;
c. The International Fire Code, 2012 Edition with local amendments;
d. International Plumbing Code, 2012 Edition with local amendments;
e. International Fuel Gas Code, 2012 Edition with local amendments;
f. International Mechanical Code, 2012 Edition with local amendments
g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as
amended;
h. International Energy Conservation Code, 2012 Edition with regional
amendments;
i. National Electric Code, 2012 Edition with local amendments;
j. National Electric Safety Code, 2012 Edition, with regional amendments;
k. Minimum housing and building standards, Denton Code §§28-383 — 437 and
§§17-141 —210, as amended and as applicable; and
1. Irrigation Standards, Denton Code §§28-441 — 457;
(4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as
amended;
(5) Applicable water and wastewater connection, construction and on-site operation
requirements, contained within Chapter 26 of the Denton Code of Ordinances, as
amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and
Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water
Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code,
as amended, and applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
3
(6) Applicable Flood Protection, Drainage and related standards, as contained within
Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC,
as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented
by requirements of the Texas Water Code, as amended, Texas Natural Resources
Code, as amended, applicable administrative standards of the Texas Commission on
Environmental Quality, as amended, and applicable administrative standards of the
Federal Emergency Management Administration, as amended; and
(7) Gas Well platting, drilling and production standards, as contained in the most recently
amended Gas Well Ordinance and subchapter 22 of the Denton Development Code,
as amended and as applicable, and as supplemented by requirements of the Texas
Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and
applicable administrative standards of the Texas Railroad Commission and Texas
Commission on Environmental Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following expiration or termination
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect.
Section 5. A�reement Deemed Void in Part; Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Upon expiration, or upon breach or termination of this Agreement for any reason,
or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of
land as may then exist. Owners expressly and irrevocably consent to annexation of the Property
under such circumstances. Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive
any termination of this agreement.
L�
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. The Term may be extended upon mutual
agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the
consent provisions in Section SB, shall survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
Owners:
Burch Family Farm, Ltd.
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THE CITY OF DENTON, TEXAS
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Ci �Mana er fl�� ��tt Ci Man �
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Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was �ac:l��ai�v,�I�.���,�c� before me on the��day of � I���h ,
2016, by �� ��� , w ' ��� , on behalf of Burch Family Farm, Ltd.
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THE STATE OF TEXAS
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Representative, on behalf of the City of Denton, Texas.
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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y��'�� �f,,� A� �
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After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�Planning\Annexations�2016 Annexations�IVCJ�3.4.16�DH-5\Burch Farm 524184 Non-annexation Agreement 2016.doc
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
2016 NON-ANNEXATION AGREEMENT
This Agr�ment is entered into pursuant to Sections 43.035 and 212.172 Te�. Local Gov't Code
by and between the City of Denton, Texas (the "City") and Burch Family Farm, Ltd.
("Owners"), the property owners of the hereinafter described property (the "Property") in Denton
County, Texas, sometimes individually or collectively referred to as "Party" or "Parties":
Being 2.571 acres of land, more or less, situated in the James W. Withers Survey,
Abstract No. 1343, Denton County, Texas, and being more fully described in the
Second Tract of that certain Special Warranty Deed dated September 6, 2007 from
Richard L. Burch to Burch Family Farm, Ltd., filed for record on September 13, 2007
and recorded in Instrument Number 2007-110040 of the Real Property Records of
Denton County, Texas. Said 2.571 acres of land, more or less, is commonly known as
DCAD Property ID No. 524184.
RECITALS
WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given
notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an
"Annexation Area" that includes the above-described Property which was and is subject to the
provisions of §43.035, Tex. Loc. Gov't Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non-
annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't
Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in
lieu of the City's annexation in 2015 (`Bxtended NAA"), of all land in the Annexation Area not
otherwise excluded by operation of State law; and
WHEREAS, Tex. 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;
v�.� k �� 4�� � d� 'n���8 �II ¢.s' ��"'V N.W �,�,�° � �k � ����
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M1
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. 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
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;
�
(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. 1,l?y?lnnmant Plari tn RPmain in F.ffP�,t Following expiration or termination
�r....�y..
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect.
Section 5. A�reement Deemed Void in_Part; Voluntarv Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Upon expiration, or upon breach or termination of this Agreement for any reason,
or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of
land as may then exist. Owners expressly and irrevocably consent to annexation of the Property
under such circumstances. Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive
any tertnination of this agreement.
0
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recordin . This Agreement is to run with the Property and be recorded in the
real property records,ITDenton 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 Multinle Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. The Term may be extended upon mutual
agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the
consent provisions in Section SB, shall survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
Owners:
Burch Family Farm, Ltd.
gY' ��� � � ..:::....;�".�. �...m�b........_�°�� �"�'..���:^:����
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5
THE CITY OF DENTON, TEXAS
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By .� ��� � �� .���� ��� �����-e. .._.
City Manager, '��p��,�t� City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
l"� :i;� dr��iaw����r�°�r�� vva� ��c�:i�rac�ww°9uc����� before me on the ��` day of Tc���—,
� � � µ on behalf of Burch Family Farm, Ltd.
2016, by � m�.�,� �`.�,���i �� �,�_...�.����.�.._..�,
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THE STATE OF TEXAS
COUNTY OF DENTON
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Not ry Public, State of Texa�� ��
s
1���� �r��izt��������i was �+u����ur�vledged before me on the �"��";�� day of °°���� , 2016, by
�. � . _ .,�
���� �'��� � �����' � � ��� _�, City Manager/Deputy City Manager/Designated
Representative, on behalf of the ��t� of Denton, Texas.
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�1c�lE��� Pubhc, State of Texas
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY: ,,,I ��b �����`�� �'� � �" �� �;r � ,��4
e�� � :�� �
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After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�Planning�.Annexations�2016 Annexations\NCJ\3.4.16�DH-S�Burch Farm 64687 65694 38760 38139 220122 Non-annexation Agreement
2016.doc
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
2016 NON-ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code
by and between the City of Denton, Texas (the "City") and Burch Family Farm, Ltd.
("Owners"), the property owners of the hereinafter described property (the "Property") in Denton
County, Texas, sometimes individually or collectively referred to as "Party" or "Parties":
Being that portion lying outside the city limits, of a 220.275 acre tract of land, more or less,
situated in the William Roark Survey, Abstract No. 1087; the James Severe Survey, Abstract No.
1164; the B.B.B. & C.R.R. Company Survey, Abstract No. 196; and the J.W. Withers Survey,
Abstract No. 1343, Denton County, Texas, and being more fully described in the First Tract of
that certain Special Warranty Deed dated September 6, 2007 from Richard L. Burch to Burch
Family Farm, Ltd, filed for record on September 13, 2007 and recorded in Instrument Number
2007-1 1 0044 of the Real Property Records of Denton County, Texas. Said 220.275 acres of
land, more or less, is commonly known as DCAD Property ID 64687, DCAD Property ID
65694, DCAD Property ID 38760, DCAD Property ID 38139 and DCAD Property ID 220122,
respectively. "
RECITALS
WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given
notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an
"Annexation Area" that includes the above-described Property which was and is subject to the
provisions of §43.035, Tex. Loc. Gov't Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non-
annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't
Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in
lieu of the City's annexation in 2015 (`Bxtended 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 �""���� �� �°����
�� ° � � ��6,
�C1 °a c� �� .... � �� � �'� � �)� �� w � �� ���� ,.
�
WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016;
and
WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016
NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously
executed by the Parties for all purposes, until such time as stated herein; and
WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed
with the City within the time allotted, then the Owners have already received notice of the City's
intent to annex the Property and the Property may be annexed upon the City's institution of
annexation in Apri12016; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as
set forth herein, and Owners represent that it is their intention not to develop the Property during
the term of this Agreement; and
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement.
The property owner may apply to the City for division of the land subject to this Agreement into
parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section
without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governin�gulations. The following City regulations shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
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 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. Development Plan to Remain in Effect. Following expiration or termination
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect.
Section 5. A�reement Deemed Void in Part: Voluntarv Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Upon expiration, or upon breach or termination of this Agreement for any reason,
or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of
land as may then exist. Owners expressly and irrevocably consent to annexation of the Property
under such circumstances. Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive
any termination of this agreement.
�
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. 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 1 L Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. The Term may be extended upon mutual
agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the
consent provisions in Section SB, shall survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
Owners:
Burch Family Farm, Ltd.
�
BY .��mm�..�� .��� ^� � ��""�-'�_�'� ��°=.�:-�
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THE CITY OF DENTON, TEXAS
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BY�.�.�...� ... �� �� � �:�:�....�..
City Manager, T��;����ty City Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
-f'tr�
This instrument was ������aurl�c��;��i before me on the �_ day of '� ��,� ,
2016, by �;) �� �LLµy� � i� ��_„ �� g,��, on behalf of Burch Family Farm, Ltd.
����
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���
THE STATE OF TEXAS
COUNTY OF DENTON
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Nota � Public St te ��� �� �,
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ry , of Texas
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���� �..�� me on the ���._..�.m day of _... °� ���,� .....� 2016, by
�T�his��n�s�ment ���� �.� ����uxled ed Ci Mana er/De u Ci �C��,t��� ���°l����i z����te�c�
,..... �� a�� �� e ore tY g P tY tY '� k�
Representative,�on i�����l.�`of the City of Denton, Texas,
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Nui; �m�+ ��a�ali�, State of Texas
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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7
After recordin� return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�Planning\Annexations�2016 Annexations�IVCJ\3.4.16�DH-5\Hackett 129034 131776 Non-annexation Agreement 2016.doc
Q�� : � .� � �:�i .�. � �� "H �n �" �.J' i� W om� ��
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 Nelda Hackett ("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 3.506 acres of land, more or less, situated in the James W. Withers Survey,
Abstract No. 1343, Denton County, Texas, and being more fully described in the iirst
tract described in the first tract of that certain Warranty Deed dated Apri13, 2003 from
Carroll Oden, Trustee of the Bildaco Trust to Nelda Hackett, filed for record on
August 20, 2003 and recorded in Volume 5400, Page 6124 of the Real Property
Records of Denton County, Texas. Said 3.506 acres of land, more or less, is
commonly known as DCAD Property ID No. 129034; and
Being 3.029 acres of land, more or less, situated in the B.B.B. & C.R.R. Company
Survey, Abstract No. 196, Denton County, Texas, and being more fully described in the
second tract described in that certain Warranty Deed dated April 3, 2003 from Carroll
Oden, Trustee of the Bildaco Trust to Nelda Hackett, filed for record on August 20, 2003
and recorded in Volume 5400, Page 6124 of the Real Property Records of Denton
County, Texas. Said 3.029 acres of land, more or less, is commonly known as DCAD
Property ID No. 131776.
RECITALS
WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given
notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an
"Annexation Area" that includes the above-described Property which was and is subject to the
provisions of §43.035, Tex. Loc. Gov't Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non-
annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't
Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in
lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not
otherwise excluded by operation of State law; and
WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes
of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to
develop the property and to authorize the municipality to apply development regulations not
inconsistent with agricultural use; and
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, based upon Owners' representations and City's investigation, it appears that
the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex.
Tax Code; and
WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016;
and
WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016
NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously
executed by the Parties for all purposes, until such time as stated herein; and
WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed
with the City within the time allotted, then the Owners have already received notice of the City's
intent to annex the Property and the Property may be annexed upon the City's institution of
annexation in April 2016; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as
set forth herein, and Owners represent that it is their intention not to develop the Property during
the term of this Agreement; and
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereta 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 G 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. Severability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. The Term may be extended upon mutual
agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the
consent provisions in Section SB, shall survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
5
Owners
....��„...�,�,���`w ���� �.��"� �, m_ �. _.—.
N�lc�x� Hackett
THE CITY OF DENTON, TEXAS
�� �z � rv..��� ".,w �����' ���„ � . �� .
Bi N��a��� e�,�� ��ep � � �w
ty... °�, � uty City Man. �.eea. �.�..�.
ager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the �$ day of���� � � 4
2016, by Nelda Hackett.
����� � ���,
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� �����"N' � ��� m�
_______ � _ ......�.
�;�� ����� � �..���4�uuN� ����:mad�n� r��m �u�� ���:��p � Notary Public, �t��tu of Texas
���� � ��+�^� ��a�i� � �I� II� �"�0� ��� W � �
I� ���
. . . . .. . �IONWnW�G@ . . � �WI@�I .
THE STATE OF TEXAS
COUNTY OF DENTON
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Representative, on behalf of the City of Denton, Texas.
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N��� �-� Public, State of Texas
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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After recordin� return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201