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2016-117 %(+$1$%$1$-"$%.1, 2016117 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct Other %(+$Ș2ș#§º«(´¯º¯§²¹ AmendedbyOrdinanceNo.201623308/16/16JR AmendedbyOrdinanceNo.201623508/16/16JR S:\Legal\Our pocp�lents\Ordinances\16\PAAI accepting non annexation agreements.doc # � � ` �` � �' ' ��/ ' �r� �' �� . �,, � � � . '� � r � r � r ► ♦ � a � � �' � � � � .� � � w, l 1 L . 1 � L,, � ♦ �:, 1 � A ��; � �� , � � '.. .... .. � '� �� . 4 .... � . • • �� . ��: � . �� 1 [ � � 1 � 4.... # [. � � � ��. [ � *� . . �* � � , �' . � '. .I � . � ...� , . � ... l �. * � ': . � ��.. .... . � � �'�. � . �.. ��:; . •.. � � ,� ... , . � �,, . l. �� .� • � ��'.. # 1 ��: � � *, � �'.. 1 � �`�, j ♦ ... � � � � � � .... , �, 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 WHER.EAS, in 2010 and 2015, the City annexed portions of the area known as PAA1, 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 Exhi��i� B both of which are attached hereto and incorporated herein; and WHEREAS, Section 43.035, Subchapter B, Tex. Lac. 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 previausly offered said non-annexation agreement(s) to owner(s) of eligible property within the subject area, in approximately 2010 and �015, 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 WHEREAS, the I7enton City Council deems it to be in the best interests of the citizens of the City of Denton to enter into such non-annexation agreement(s) with eligible property owner(s) in the subject area, who timely submitted non-annexation agreement(s); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HE BY O AINS: s:\legal\our documents\ordinances\16\paal accepting non annexation agreements.doc SECTION lw. 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 PAA1, 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, Y �� Passed by the City Council this ,,,,��; da of �; g � , 2016. � ... � ........ �. ,,..� � � �� ' / � �� , ,. ._ �� ---- . �.......�n�.. ---� �.� ..........�.�.. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY :_ ��'�']��°l;�) ,��TO LEGAL FORM: ANIT�,�"��URGESS, CITY ATTORNEY � � � ,g � g� R ( � � ,i�p .�.�I� 4 „ � b . � J" BY: �.5� ��-��4..,�� d � �. ...�.�. �`�' �... ..... 6�� .��..i�� ,.., � � ��..r. �� w �.w.. � �.. �� w.. Fo�� Page 2 EXHIBIT "A" Annexation Tract PAA1 BEGINNING at point at the northwest corner of tract described in Ordinance 2006-205, and further described in said Ordinance as a'/2 inch pin in the Center of Tom Cole Road (east-west road) and C. Wolfe Road from the south; THENCE South 88° 55' 44" East, along the present Denton city limit line as established by Ordinance 2006-205 and being the northerly line of the tract described in Ordinance 2006-205, a distance of 4,685.36 feet, generally with center of said Tom Cole Road to an "x" cut in a concrete bridge; THENCE continuing along the northerly line of the property described in Ordinance 2006-205, and further described in said Ordinance as North 89° 43' 13" East, a distance of 2,591.29 feet, generally with the center of said Tom Cole Road, to a point described in Ordinance 2006-205 as a 3/4 inch iron pin set at the northeast corner of the property described in Ordinance 2006-205, said point also being described in Ordinance 69-40 (Tract I) as the southeast corner of the David Davis Survey, Abstract 356; THENCE northerly along the easterly line of the said David Davis Survey, said line also being the westerly line of the Wm. Wilburn Survey, Abstract 1419, along the present Denton city limit line as established by Ordinance 1969-40 (Tract I) a distance as described in Ordinance 69-40 as 2,642 feet to a point being the northeast corner of the said David Davis Survey; THENCE westerly, along the present Denton city limit line as established by Ordinance 1969-40 (Tract I) along the northerly line of said David Davis Survey and described in Ordinance 69-40 as a distance of 341 feet to a point for corner, said point described in Ordinance 69-40 (Tract I) as the southwest corner of the said Wm. Wilburn Survey; THENCE northerly along the present Denton city limit line as established by Ordinance 1969-40 (Tract I) and along the westerly line of the said Wm. Wilburn Survey a distance of 1,853 feet to a point described in Ordinance 69-40 as the southeast corner of the M.H. Davis Survey, Abstract Number 377, and also described as the northeast corner of a tract of land conveyed to Malcolm M. Long by deed recorded in Volume 389, Page 389 of the Deed Records of Denton County, Texas, said point also being the southeast corner of a City of Denton annexation tract established and described by Ordinance 1983-90; THENCE South 89° 28' 15" West, along the present Denton city limit line as established by Ordinance 1983-90 a distance of 2,359.92 feet (as described in Ordinance 83-90) to a point for a corner; THENCE North 00° OS' S4" West, along the present Denton city limit line as established by Ordinance 1983-90, a distance of 600.48 feet (as described in Ordinance 83-90) to a point for a corner; THENCE West, along the present Denton city limit line as established by Ordinance 1983-90, a distance of 675.60 feet (as described in Ordinance 83-90) to a point for a corner lying in the middle of Hickory Creek; THENCE North, along the present Denton city limit line as established by Ordinance 1983-90, and along the middle of Hickory Creek with its meanders to the center of Jim Christal Road (as described in Ordinance 83-90) to a point for a corner, said point also lying on the south line of a City of Denton annexation tract established and described by Ordinance 1986-48; THENCE North 89° 55' 00" West with said Jim Christal Road, along the present Denton city limit line as established by Ordinance 1986-48, also being the southerly line of the E.A. Orr Survey, Abstract Number 983, a distance of 3,435 feet to a point for a corner, said point being the southwest corner of said Ordinance 1986-48 annexation tract; THENCE South a distance of 30 feet to a point in the south right-of-way line of Jim Christal Road; THENCE West, along the south right-of-way line of Jim Christal Road a distance of 475 feet to a point for corner, said point being the intersection of the south right-of-way of Jim Christal Road and the east right-of-way line of C. Wolfe Road; THENCE in a southerly direction, along courses and distances of the easterly implied right-of- way line of C. Wolfe Road, a total distance of 7,875 to a point for corner, said point being the intersection of the east right-of-way line of C. Wolfe Road and the north right-of-way line of Tom Cole Road; � THENCE East along the north right-of-way line of Tom Cole Road a distance of 500 feet to a point for corner; THENCE South, crossing Tom Cole Road midway, a distance of 25 feet to the Point of Beginning and containing 1,152 acres of land. EXHIBIT "B" % f(:, '///1', ';: a `m � c � 0 m a �; � EXHIBIT "C" � S:�Planning�.Annexations�2016 Annexations\NCJ\3.4.16�PAA1\Thomas and Penny Hall Non-annexation Agreement 2016.doc �' ."� ..... °�,; � ..... �? C.� � �:� � � � � �:� �� ,p� ^��°��"'„�,.��.:��,.��.... d��" CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE 2016 NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and Thomas Kent Hall and Penny Yvonne Hall ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 5.00 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in that Warranty Deed dated March 8, 2001, from Dorothy Hall to Thomas Kent Hall and Penny Yvonne Hall, filed for record on March 13, 2001 and recorded in Volume 4793, Page 2236, Instrument Number 2001-R0022170 of the Real Property Records of Denton County, Texas. Said 5.00 acre tract of land is commonly known as DCAD Property ID 232464. 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 WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin�gulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not 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 l. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33 of the 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 G1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this Agreement. 0 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners: � ��" � � � � .��.. �.�_ �� . :.� ' � �� ° « �"Y ,�y�� fi ��✓"�� ww,� _.. . ... , ... Thomas Kent �-i�.1� �� ~ �� _,� � ,,� � m..�... .... .�...... Penny �"vs�a�� 1"��11 THE CITY OF DENTON, TEXAS �' �� .� �� n � �� *. �� By; � � �M�� .�.,.., � � __ ...,,. City �1"s��, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON � This instrument was acknowledged before me on the �� day �� "„4p�"�""� 2016, by Thomas Kent Hall. � �� ..��.�, �� -�• �...��-- � . � 1111�/ k,� �'ag� +{,��;� WANDA CLOIiD ��, ,� Notary Public, State of Texas �' � '„�'` m,,� My Commission Explres ""��ad� n;��*� September 03, 2018 � .„ � � �.,.rv......,. N4Y1�c7.'1"�" k'�N:� IU� �_ �a1;:L��d Gb�;.i�k� THE STATE OF TEXAS } � ��..W�,�� .� ��-' �'� �� "_� COUNTY OF DENTON This instrument was acknowledged before me on the 2016, by Penny Yvonne Hall. ��.�� ,,� ' � � �� mm � �� .. �..�... Notary Public, State of Texas �, � 9 r��, .__._._.....�WANDA CLOUD�.._._� .w �w„„�.�,,. M NoTary Public, State of Texas �'"� N � My Commission Expires �� `„,n�n iy%,, September 03, 2018 THE STATE OF TEXAS } COUNTY OF DENTON �� , �� . �� ' �« � �`� �� c�i ��"« �..�� ...__�_____��u� � ir.i� r��r��+�� r� �.G��7�r,�vv9��l c��l ��1c�� I%z6'�w� � t�,us�f��;��i�y C,"�t� f��a't�a��* ��1��, �� "��°� ��___ �.�" ��..... """ r1T.��;i�;��a�tc:c� _ . n. _� Representative, on behalf of the City of Denton, Texas. �� o,�� N�� ... w NN�4� �.� 4P"�9Mfl 7�RM� 4rN. I�f94'�I f£,;1Y �4MX 4 ^. �� E/ �'� . + r�'Y,� �!�.��yv�'�]��I�I � IQo" �I�I� G7�" C4..�vti� f I�� ^� � r 4 �F��9�ri 4.p�„.„ �� r��ra� r .��,��P"flr`�E" �.�;G�� liaa�r�a�r��, � � i�s� a ��..� o...... .. v i��wiu�� .n�.�� w�ruu�muuumt�w!k'� .. uu:wuww�!�mwwuuwuirvw�uwiw��mo'�*%uu�i�o �. � �� Not� rµ�m Public, State of Texas APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � ��I � � + n V � � � � � n �k k N I , /� ,y �� ,i B 1 • "�' �� i f' ?} +'y v �w "I»�an'` � ��'� N,�� . � W /�� I � �� m.��mw�o�F` 8Yf pp ....�...... . _..._.. �.�. ° / � 1 .�� b . ' � �� . � � �� .. ��.�w �, � � � �, � �' �,�„w � � ,, � �. After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations�IVCJ�3.4.16�PAA1\Thomas Kent Ha1136641 64425 537287 Non-annexation Agreement 2016.doc �;! �r - � �I .. �r �y "n �� '� � �'�r �f�� ,� CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE I�N�� 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 Thomas Kent Hall ("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 13.43 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in Tract Three of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Thomas Kent Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63260 of the Real Property Records of Denton County, Texas. SAVE AND EXCEPT a 3.13 acre tract of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in that Special Warranty Deed dated March 29, 2014, from Thomas Kent Hall to Jack Buchanan Hall and Cynthia Ann Hall, filed for record on September 22, 2014 and recorded in Instrument Number 2014-96406 of the Real Property Records of Denton County, Texas. Said 3.13 acre tract of land is commonly known as DCAD Property ID 651278. Leaving a called 10.3 acre tract of land commonly known as DCAD Property ID 36641; and Being 8.16 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract One of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Thomas Kent Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63260 of the Real Property Records of Denton County, Texas. Said 8.16 acre tract of land is commonly known as DCAD Property ID 64425; and Being 8.50 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Thomas Kent Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63260 of the Real Property Records of Denton County, Texas. Said 8.50 acre tract of land is commonly known as DCAD PropeNty ID 537287. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; 2 NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin� Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; 3 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 of the Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that 4 is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5, ��c:�i��;��tw� Deemed Void m��t�-t; ""��lt�m�t�x��r`v ��a.�ali��,� (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this Agreement. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas, 5 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 consent provisions in Section SB, shall survive termination of this Agreement, other provisions, as may be necessary for the implementation of those sections. THE STATE OF TEXAS COUNTY OF DENTON Owners: 4, as well as the together with any 1.�� Thomas Kent Hall THE CITY OF DENTON, TEXAS � � ��,.� � �" �� „� � � , � BY: � �", �„ �.� � ��"� � .�"" ...._. ....,,, _ � ,� � City ��k ��;��", Deputy City Manager, or Designated Representative � � � � � � � �,'� �� `�1� � � �" �"�� " ,� � �� p:.b �'� �� }',�� ,"��^"� � � � , ^� ��, »a C'� *� ,� � Q � � �'" ° � � � � ��,�� .�� r � �� u.:� �, � �, � ��µ � � � � � �,„ �� '�„�_��-.,� ��. �-�� , �. � ��„ � �" �`� � . � �w , �.��`` � ��ii�� This instrument was acknowledged before me on the a� � day of 2016, by Thomas Kent Hall. THE STATE OF TEXAS COUNTY OF DENTON . ��` �� .� ' ��.�� Notary Publi�� .,.,� � � c, State of Texas � "'� � �� c�� +��i 4�� :�.��r��s,�.W.� � � �`�� C'wt �l�tr��w � � �.� � �� ^��' ��"�� (�1.�� l�' � " rJl��d �ra�atc�a�. ��-�� mstrument..�� .�� .�t"� a��" � . e..ore�� er� 17� i� ! �" ' �" � � , Representative, on behalf of the City of Denton, Texas. . � �,e��o uu��u �.. � m��rrr �rcs�. �. �bw�,VMy( PFy y� �� b�l I�n�M I Y'�1W�.?I h� 11 FI A�',b�✓4wY °.F � iur�w�,��v, sriGtir� �r r�yk r�i� s� P.��A � ��s �^� r,s.au�y�r �.��i��:��;Qx�r��r�� ", ��,R � �� w �v �� r u �� r � r��z �� , � �^ f� � I N 0 { k � � ,. �;, �� i""°'�'"' �.�,'��'WYr�nuW7qllOGipw^W�d� wu0�u� � �'IWIM4'uW��'$�W!� OIMIo�b9m�i�pNl � . ^ry m �. u� a � AI� Not��M� Public, State of Texas � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : �..� r� � �,�' � � � �� r� �.�� '�� '�� °� �� .��,�.o� ��=II6� � „� �„N .� ,, ^� � � �I,il� After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations�IVCJ�3.4.16�PAA1\Cottle King 173419 Non-annexation Agreement 2016.doc ��K.� �� v.➢ � �� 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 Deborah Cottle and John King ("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 12.611 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887 and the Gibson Myers Survey, Abstract No. 843, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 29, 1997 from Andrew J. Strickland and wife, Terry L. Strickland to Deborah June Cottle and Jon Michael King, filed for record on June 2, 1997 and recorded in Instrument Number 97-R0036121 of the Real Property Records of Denton County, Texas. Said 12.611 acres of land, more or less, is commonly known as DCAD Prope�^ty ID 173419. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin��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 of the 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 land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this Agreement. 0 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. 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. Owners �,. � ��' � � � * ��rv Y,.. � �,_�. . ��W�'� ....�� ....� � ... ��c.��1� �'��tt��: E � --��. �a �-�, John Kir� �� THE CITY OF DENTON, TEXAS ��" �� .� �� " ��a� � . �" �� ,� �� Ci Mana er �� By; „�,,� ��".,��„ �. .�� ""'�.��aw� a��._,. ty g, ��c�� City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON � � �� This instrument was acknowledged before me on the �„��w �., ci�t�r of �,^�� m�, � "�f��1�'� �'�� .�id'�,�� ' � � ��a� � �. . . � .�.� .... � � �" a � m, T I � � �� " � � mm .... m � � � �"�� ,��»� �� 2��t�� alack �ai�ie of Texas � � ��"'�'��°��o�'�-��"�� "� ��*��"�� a '�" " �,�� ;"� �� "t,�� " � COUNTY OF DENTON ✓ } This instrument was acknowledged before me on the �''J�_ day of ��(G�_ , 2016, by John � �� a�� ,�� w�'� '�Ww,,�" "a- a�w � ��' �',�� *� "�+r�,' ��„�'�k%6"$ ��ap��,*M�� , ✓�, � �� n. �w �# W� �� ,"fJ' ��ff�� . � � � � � � � W�� il ^+,..��,t.� �""e��r.w 1 -^" µ � � � � � � � � ^'�rm�..�..v.a.... ..�.,.. � b � n �„� "��.�� `�� "�' �lr�� Public, State of Texas � �� p�� .� �" �, �� THE STATE OF "I"��,�.�� COUNTY OF DENTON T��s� tm�^�t��.a�� ,r,t� ��9�a��a��N�,cl�ce� before me on the ��'°�'�,� day of..�� 2016, by ��'`�. �"�'�� .._�� .��.�"��. ........:� City Manager/Deputy Ci�� ^1��M��rt"��esignated Representative, on behalf of the City of Denton, Texas. �� no� �� R�� '"'�� N��:PMR4(� � 1��69��r�fiN��"b6��k�A �. h�� « �� Ys �� ° fi�ir�#� 4s �!a�ni� <ru ��i°� a��;.d � ,a� ��°� � ; � "UI��P1rl 4 ��C� �1�� m��G:17' x � ' •�e �" tt5 b�t4 °�ti ... 1.Y�� .� �� 1" U i'4� fl�.�� e LL,tl' � 1! I f'". 1. � 1, . i �WO��',MIIIII'wu'wuw'�NV��Umuiu�n�m�JNWmuuuti�„'WmmNml�uwu��uufowW�u'J'�w��tu��;Yd... �, �" � '� � �� .��"�� ._ .. �� N� ;:��°y Public, State of Texas APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �..w_. .. BY� ; � � T �� , � � ��... � , �� w �� After recordins return to: a,� � ;� ��F�° �� ..� � . � m Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 il S:�Planning�P.nnexations�2016 Annexations�NC.T�3.4.16�PAA1\Werner 174341 Non-annexation Agreement 2016.doc �� ' � ? �� '� �.J � "a f'r; ! ;e � � 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 John Werner ("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 6.266 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated August 5, 1994 from Eagle Farms Inc. and John Porter Auto Sales, Inc. to John Werner and wife, Tamera Werner, filed for record on September 8, 1994 and recorded in Instrument Number 94-R0069725 of the Real Property Records of Denton County, Texas. Said 6.266 acres of land, more or less, is commonly known as DCAD Property ID 174341. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in April 2016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. 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 fartn-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: 2 (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33 of the 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. Develo�ment 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 pertnanent 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 G1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this Agreement. � Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. �� .. � ""� �� ,�� .m� M� ��,��, �� .. �� .,. ,,,,... � ��...�... � .m..�...�......,,,,,, . ... �, ��"�� i��l�r� ��. �erner 5 THE CITY OF DENTON, TEXAS �� ;� B . �� ,��w� �,�� ,�~ V"� �� .�... y. °' ��' �.�............� �,,,,,. a, � City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the � 4+h day of __„��,,,�,11 _, 2016, by John Werner. �� w,_�..�:..��. �.�.�w�o � � ::... « � �� MY COMMISSION EXPIRES �� +i�" . �� TRACY ANN CAVANAUGH � a,� " ��r ��f. :e... � k,� "��' °�w�� Y� r'�N�� a�� July30,2016 � �f�l.��•� i�"a.��State a�l` �� , ...�u�" ..��; -�„°' THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 2016, bY ..........._......�..........�,�__. e ............... �,..� Notary Public, State of Texas 0 THE STATE OF TEXAS COUNTY OF DENTON 7 I�i�, instrument ��v�� a��Nc��v��t.�N�c�N before ��r�r� G��w �4�r� �� t��G�^ ��" _ � �� _ , �t� �.��, ��" � �; iY. �"l��n�� i��'1��qt ��"�� 'I��war ��t�'&)��i r��.�1 esent ti�ve, o� b half of th City of De ton, Texas. � � N� � �� w � � Repr _ r.. ...� - __ � �� o� �� III: w, R�,�'Sdp�"� M�4�'44,�W,:��. 4�'h�4""pS""41"�III''�"'T4�!�dM <n � �M�� .�� '4:u4IR4'�6�� II � flMti�M�, �q �'p"�N' N. rn�i�.b � µ 4�ImN ..��,.�b�M��i��ti 9��FI��d� � � � p � r. � V W � �fi�4�PP94 ^' ,�, �o�., �.w � .. ,�,„, . . . ;�u �.. � I�NumYul�� ... wiIWWIOPWiMmI�' APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY , :• �� s� � „� �� , � ..� . �� ..,� � �,, �. � _��V�� ,�.�� .�. �'�� ..,...,, N�� Public, State of Texas 7 After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�P,nnexations�2016 Annexations�NCJ�3.4.16�PAA1\Pockrus 179483 174343 174342 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 Larry and Ladonna Pockrus ("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 12.456 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described as Tract I in that certain Warranty Deed with Vendor's Lien dated January 2, 1998 from John Porter Farms, Inc. to Larry Pockrus and Ladonna Pockrus, filed for record on January 7, 1998 and recorded in Volume 4004, Page 942 of the Real Property Records of Denton County, Texas. Said 12.456 acres of land, more or less, is commonly known as DCAD Property ID 179483. Being 5.227 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated August 10, 1994 from Eagle Farms Inc. and John Porter Auto Sales, Inc. to Larry Pockrus and wife, Ladonna Pockrus, filed for record on September 9, 1994 and recorded in Instrument Number 94-R0069728 of the Real Property Records of Denton County, Texas. Said 5.227 acres of land, more or less, is commonly known as DCAD Property ID 174343. Being 7.268 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated August 10, 1994 from Eagle Farms Inc. and John Porter Auto Sales, Inc. to Larry Pockrus and wife, Ladonna Pockrus, filed for record on September 8, 1994 and recorded in Instrument Number 94-R0069727 of the Real Property Records of Denton County, Texas. Said 7.268 acres of land, more or less, is commonly known as DCAD Property ID 174342 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 ��V�� A� 3 � 2�� 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. 2 Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. 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; 3 j, National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33 of the 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. l�evel�a ra�aent Plan t� Rem�ira in Fffect,a 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 Properry under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as 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 ll. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be 5 the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of t��,d�. ��:.� ��a�� THE CITY OF DENTON, TEXAS u�. � �'""� � �� •� � � � By. n W,� � � � �� ,� � ��m� ._.._ .. City ��x��r-;, Deputy City ��r��,��°, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrum�nt was acknowledged before me on the � �� day of I µ�� , 2016, by Larry Pockrus. �� , �w'1°"d"""*� ��STEPHANIE�LAWSON � `"�.i M4'� d^EJ,�.,�+' _ �,��„ �� r Notary Public, State of Texas � +�^� .,�� „�� Comm, Explres 02-19-2017 �"�'��'�`"`"�^�'" Nolary ID 659843•b �xordrrpa��' ��r�w�� THE STATE OF TEXAS �� "� ��; �.�".. ,LL�,��, � ��_ Notary ��&��i�, State � c.� � COUNTY OF DENTON } This instrument was acknowledged before me on the 3� day of , � �.. 20 �9 �`�,„ k�� I��a��t�r�� a��k�,..t.��. ��"""""��'"�� STEPHANIE LAWSON�� +�'"��qM.Y �'gY��"� �� `� �, Notary Publlc, Siate of Texas � �� ,�� Comm. Expires 02-19-201 7 �„� „ �'�,�r'��` �� ° � �..mm,� *�,r ,�� Notary ID 65A843-6 � ° � r r a uM ,�,�� u�,��. 6 Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON �C"1�:�� ar��,irtz��r�f�k: �r�� r��r��rr�aG��.�� before me on the �� day of. �� , 2016, by .��._ .. ..... ��""� ��.�� ...:��,'��_�°'�.�:: �+'��""� �•r , City Manager/Deputy City ��i��r-1��mt�c� Representative, on behalf of the City of Denton, Texas. wu�wu�rv � I :� Pf�roh!aws�N'o ti�Yf� 1100 Nuwmu II� I'... �°�� v°N� d�`�P�14 I I b�¢ 9;r�'�4 d,f di��6if i �� 9��Git'�µ9'u r'Idi�l.a4"., �9r'atio e7�f 'f mti�� ; � � �,. ` '�w � �"� "�� o-d��;�u�h�i4\r� f'�:7�f° 61Gu �'N�-J4b"G"�' µ' p p ��"" q°V{�b1PP'�rIIP1Y91s�i��%"V,"�6*� ap�� +°° � uwmiwwuw immu�r mmwwim��urv�a��'d��¢�um� �w�miwuwaml�m !mwcuw nu�w� � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ,� � . �� Nc�� Publ� � � � ... � ic, �Stat ��.. . ..,. . _ e of Texas � �� , �� n �� BY: � ��"� ' �^„�� ' �. .� ��..m.. �� ...��r� ��,�.�',a...m � ��`� J �� ,� � �., I�u� '�il , d� � .�.,.�".,sw,� ��, ��1 �i � i�� n� e � � ��d� �� ^ � ��a� � After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations\NCJ�3.4.16�PAA1\Jan Ha11537277 537278 Non-annexation Agreement 2016.doc � �,��. �� ro -- "�', � m :'° V,'� � 4,�'u � ,II +� � � : � �„� 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 Jan Hall ("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 54.87 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Jan Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63256 of the Real Property Records of Denton County, Texas. Said 54.87 acre tract of land is commonly known as DCAD Property ID 537277. Being 8.20 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in Tract One of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Jan Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63256 of the Real Property Records of Denton County, Texas. Said 8.20 acre tract of land is commonly known as DCAD Property ID 537278. 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 properry and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in April 2016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). 2 Section 3. Governin��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 of the Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as 3 amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and pertnanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntarv Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as � required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this Agreement. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Seyerabili . 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. Tertn 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: � � �� - �. �.�:,�. Jan � �� THE CITY OF DENTON, TEXAS By; � .. � .�. �-- � City Manager, eputy City �� :��nager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 2016, by Jan Hall. � � � � " „w��,, ""�"" ��,�� , ATHENIA 3 GREEN ��"� ��Notary Public, State of N�x�� ;�"� `�."' Comm. Expires 11-22-2019 �"°��'"`�"�'�� E��Cary ID 128808227 ��ti�K� THE STATE OF TEXAS COUNTY OF DENTON day of ��..� ...w � .� .... ......, Texas � ,� ° � �� e mC ty t Manager/Deputy City Ma ag "�016, by T��, t��i�'��,��t� ��ti�� ts�.1��°�� be or �� ",� �� `�,� er/Designated Representative, on behalf of the City of Denton, Texas. �P� � r��` ��S!�� i p':;b�9@ II �� ^ ll:�"��x� D"� � u�Pos.iY,�� u"614t1.6ti �9r�Y�.r::G Y4 �,, ��. � �� ^��u�+r"uPbd��r �DP �"dl;a" �� v' ��4�� w^ymnavia�� .�w .... VED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �w � � ......... . ... � ........ .... ,,,9 � , ,..,. Not� �� Public, State of Texas � �,� ��.� BY �`�,�� '� ,��::�"� � ::��—�� -�� -�^"� �� 's, �"� �� "�� ,�'� '`��,� � ��.i ,�� .b �� : � °,�� After recordin return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2,016 Annexations�NCJ�3.4.16�PAA1�Bue11 170982 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 Leslie Buell ("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 14.50 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated February 18, 2004 from Phillip E. Crombie and Desiree A. Crombie to Leslie Buell, filed for record on February 23, 2004 and recorded in Instrument Number 2004-22281 of the Real Property Records of Denton County, Texas. Said 14.50 acres of land, more or less, is commonly known as DCAD Property ID 170982. 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; �c�rv�� a�� o �a�� WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Properiy for the term of this Agreement, as hereinafter de�ned, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin� Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not 2 prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; £ 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 of the 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• Voluntar�,Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this Agreement. 0 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin . This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners � � '� �� °;� �� ,,�.,� w,,� �m � .. � . �..��.� .............�: ��m.�...�. �......... ��:�l.i Buell 5 THE CITY OF DENTON, TEXAS ��,""�"� � . �a�'"�"��'�"n � �� x�^�'",� B�7..._.� .. .��m��. � ^�"s� ,� � � ;,��. � ..�m ��,"„ ��, wm � ........ City �,'1'� ��-, :��.��r��r City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was �� cl �� cl before me on the � day of (� c��__,..--- ---, w�w� � �� ...... 2016, by Leslie Buell. ��, �� ,�� ,��"�,��„ �� ,� �`�„�,„ �� . �'��,��„w� ��°.*��"a �� '�� . � .� i � � � _� � ��"�� r°�� ,��" � � �«P��:�t��•� 1'��la��i�, �i�� of Texas �m. � � ��„ ��:��"�r� ,�;,�"� �� M w � �� h'�� THE STATE OF TEXAS } COUNTY OF DENTON This instrument was acknowledged before me on the day of �. .... ... ... .� ................................................. 2016, bY .....�....�....... __� �— . . . . .. ...., � ....... ......� Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the ,,,,, day of 2016, bY ..............................m��.................___mi THE STATE OF TEXAS COUNTY OF DENTON } � Notary Public, State of Texas This instrument was acknowledged before me on the day of 2016, bY .......................� �...,,........ Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON �-��w � � °C"Ir.i� ��1�r°t�rree.�xt av�� <�c��a��l�r��;�� before me on the �.� �"� day of ��°�„� ,�,„.. 2016, by �� ,�"'�„�� ,��,��r�� ,, n, City Manager/Deputy City Manager/Designated Representative, on behalf of the City of Denton, Texas. ��vo�� w� �"��' S`ip� �� 6�0r�u�,ll � V°94 4.k�bu "II b' �.'�bV 4 ��`. �� "� �4�GP}Y�JPi� I�IPf�41C .J,Ce�i4� #"dN G.fr �+� r �v" �� ` Q fl:��4�9h,� ��i�k'�n Q#P�v ��P ;��"W�" . �u�� f�l�"aP�� f�a ��fi��"�r��4��'u k ...,�„� w...�, f �ummm ��e� .� i�W�w�Nrr�wwwflm�°.' u��um�,ro �� i � � �� . � �� — �� .. .. �� N��•� �� Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � . � N ' �� '� � � rA �� ,�� - �, � �� .�� m�" � � __ � �� . ��° � . ,� ��.�� , After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations�NC.T�3.4.16�PAA1�IIurst 173429 173015 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 Joey Hurst and Daphne Hurst ("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 Lot 1, Block A, Williamson Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet L, Slide 278 of the Plat Records of Denton County, Texas, and conveyed in that certain Warranty Deed with Vendor's Lien dated March 3, 1999 from Jeffrey R. Goff and Mary Amanda Goff to Joey Wayne Hurst a/k/a Joey Hurst and Daphne D. Hurst, filed for record on March 4, 1999 and recorded in Volume 4289, Page 2139 of the Real Property Records of Denton County, Texas. Said Lot 1, Block A, Williamson Estates is commonly known as DCAD Property ID 17301 S; and Being 30.000 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 3, 1994 from Eagle Farms, Inc., and John Porter Auto Sales, Inc. to Joey Hurst and Daphne Hurst, filed for record on May 5, 1994 and recorded in Instrument Number 94-R0036941 of the Real Property Records of Denton County, Texas. Said 30.000 acres of land, more or less, is commonly known as DCAD Property ID 173429. 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 �.. .,� �� . "I 4�� I :; ,;) ,_ 'P � t',1 ` � �� WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the tertn of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the 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. 2 The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin� Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; 3 (4) Sign regulations, as contained within Chapter 33 of the 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 �. 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 Multi le Co ies. 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 THE STATE OF TEXAS COUNTY OF DENTON This instrument was 2016, by Joey Hurst. nwn ers THE CITY OF DENTON, TEXAS B �� "�� ,�""� �" � �� y, *, �� y� � ��, � ��.Mn.�,� ' a� � _ M City : �� :,� � A �� Cit 1'�l� �t��, or ,,.. Designated Representative acknowledged before me on the �° �� au y� day of + , 1"�11YANARoNO XOR. ��.. �,�^ ..,... �._T . �. � d :. � � , �." 'Wy .m �� ": MY CUMMISG RES ,� � � w M'�' February 22, 2017 Nc��t Public �t��i�Texas us� >, � s, .,,.a.. ....., ...�., � �� THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowled ed before me on the �� g � day of �°' ,� 2016, by Daphne Hurst. �'��"�� , �� x � � ��: �� .. � � �� i � 1' ,�J , �,ir� �i ��T Y .��: , ��rr;�,!�.:I!;N EXI-iF�1cS � `':�� . ' , .,_ ,"�'�',ii? �. ,..,��,w�u�aa� m��w��..�1 . THE STATE OF TEXAS COUNTY OF DENTON Tf�� w��rra7��,x��R wa�;;,�s �� i��a�� c�l�;�� aesi'c�an� ,r��a� c��a �:1��, ��`, ti�r� ��f"�� ^� b �(�i��'�,1:�� "� �� :��..��. ,., ��,.�n._� City Manager/Deputy (�"it� Mart��•IC��i�;r��l�� Representative, on behalf of the City of Denton, Texas. � � � �� _ 4 y��qrq�tl ^� N�fl'"N4�- II W'ti+l�."��„FII V�4�%F�'Y..J�'4'�'fi � � �,�� 1wk9r�+yYxaa4"V�43V.9;��YI�"IL4bP��r��'�ti�hm+ ,w �� ^^Q�N�PoII'�, Il��,b"�a �4�� "'�."�"�'�� . �� "d� �»�, �^ �� re w'° 4��1� uN��'��?�� ..' �"�u,ff ��mioon� uou�wro��r�"�wrww�,wYraw�s�o�mru��we�,a��s�m�m��, � � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �M�� .�� . �.: f �� . � � �.� �.. . Notary �'��li�, State of Texas BY: ,�� 1 G�'d � � � � �re'�, l�. � � � �k��°b � ��,��d '�� ` �f , � � � ,�� . �� r , � � � � �,� a �� ; �� ' �� .�� 7 After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�,Annexations\2016 Annexations\NCJ13.4.16�PAA1\Noles 36694 Non-annexation Agreement 2016.doc �� y .., � � � a" !�� Il �� 'J' �"N �� a� CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE 2016 NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and John and Sandy Noles ("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 1.843 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Cash Warranty Deed dated January 2, 1998 from Delbert H. Wiley and Ruth A. Wiley to John D. Werner and Tamera L. Werner, iiled for record on January 5, 1998 and recorded in Volume 4002, Page 1353 of the Real Property Records of Denton County, Texas. Said 1.843 acres of land, more or less, is commonly known as DCAD Property ID 36694. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin� Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: 2 (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j, National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33 of the 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. �� ro _ Part� Voluntary Annexation. Section 5. A reement Deemed Void m (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this Agreement. 0 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Sey,erabilitv. 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. (��;v�a��•� ��w��mmw, �°��y��'�".� �...... � . m� � � ._..�. ,_ ..............._ John�� oles � � ... � � �.� � �,„�� .�,�„�„ „� �,. ��"� �. � ".M �°�"�� .:,..�..�.........._� � � � � �' u_��r��. Sandy Noles,�� THE CITY OF DENTON, TEXAS �« � �a� � � �� B� r a�^^ � � � �" Y; � ��uw"� m�"" "" � �„ �ww�a �w ,��,,, .. Ci1`'�^��7�� „�Deputy C.. __�.._.. m __..� _�. ty �.,. � ity P�x��•, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 2016, by John Noles. „�.�,�� "� � � JORDAN COON '� ,�� Notary Public, State of Texas � ,,c � �"' My Commission Expires 11-17-2019 �� "�"�� THE STATE OF TEXAS COUNTY OF DENTON u,,,,,�, � �,,,, r day of �� ...�...� This instrument was acknowledged before me on the 2016, by Sandy Noles. �� "�� JORDAN COON �P��`",y� Notary Public, State of Texas �� W!w ��'� My Commission Expires 11-17-2019 � � � °�w� ��,,,,��'"� �,,,� ...... ��.... ........� aY � ....._ ......................................................................................... THE STATE OF TEXAS COUNTY OF DENTON } } g day of This instrument was acknowled ed before me on the ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_,wwww 2016, bY ................................_______— ---.......................................• THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This instrument was acknowledged before me on the day of 2016, bY ��w�.� ............................��._____ • THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas �� . � � � � , � .�� I�� w..,�� , �1�y� ��° � ,,.�.� _.�._�� 1.�'i� 1�� d ed before ��r��.�rr t: �I��a�� r�s�a-l�i��t � � �� g � This ��l��n�,.�.�� k.nowle� ....,: Y � 1 Y �`i�� 1'��a��a�/1��X�� Representative, on behalf of the City of Denton, Texas, � � � �� Ua u �; ��i�� u�.�T��u��r.��u �,. � � k n� J/ . yaiia.Pi�r^�,il"��I' a�4�� rlq.m ad i��4� �W �.Yu i h,�.a� ^i , �_� � F �� °,� �� a� �::��o� �.°.��u �� s��,�� a�°��4v -� @`�� V �RP'��i�° 911.D 6��Po �"�s �;� �I � . wy��w �"uiw��w�wwwwu�rv�.,..,.�, .4,.".. i �vmm,r,�mM�.wu�uuwr�a�+u�u�wou+a�iw�i„W�w��. ,.. ��",,,,, � �,��'�� b �"' ��",�°� ��"�� Not� �� Public, State of T exas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � 6, � ��w.�w ��V�� ` �',,��' d� ,��,�. � .��mn�� After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations\NCJ�3.4.16�PAA1�DeBaca 179482 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 Patrick and Laura DeBaca ("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 6.000 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 11, 2004 from Charles Howell and wife, Kami Howell to Patrick J. C De Baca and wife, Laura C De Baca, filed for record on May 28, 2004 and recorded in Instrument Number 2004-70011 of the Real Property Records of Denton County, Texas. Said 6.000 acres of land, more or less, is commonly known as DCAD P�^operty ID 179482. 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 � � w� � �... i� :�.... �,^��=�i , :,;.� �"I f�;f;� � WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter deiined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin�Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not 2 � 1J� �, �' �'� I 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 a' pursuant to the current Denton Plan, as amended, including I�u� ��1 ]i�� to the `y (��.�-�� Ic�r�rrr�� i�k�°��;1` regulations, and standards incorporated �1��7��, ,' �..., � .�..�.�.. � _ � ..,o, r�, ��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 of the 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 ,r�, ' (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. 0 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas, Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners �.� • " �� .m Patrick DeBaca 5 �� c.. �.....�'� ..................................... Laura DeBaca THE CITY OF DENTON, TEXAS � � �.. µ � mm� M� �� B �� """�, �":'�""� �� „� �� ,� �.� � .,..,,,. � ��.,..� _�_�_ ______ Y .., Ci 1"�i�� Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON } This instrument was acknowledged before me on the �� of �,� V✓ 1 , 2016, by Patrick DeBaca. �� q� �4 �� e�°U��' " � i ��'� . �� ^� � �4r��, �� ,,R ��,� � ,"�� ' � � a>" � � �� I�� ,�a�,, �; �� , r�.�;€s� ° �^ � 2 ' �u"` �� e �e�'„w� �'� � ! � � � �l, � � � �' ;� � THE STATE OF "a i�s,��,�� „,��"� � . �� . .________�_ �� t��-�r T��m�l�c, State �t' I"��.� COUNTY OF DENTON } �� This instrument was acknowledged before me on the �� of ��i�� ...� .........� 2016 by Laura DeBaca THE STATE OF "�CT��1�.� �°�' ��,i�,uw�9��`°�� COUNTY OF DENTON �.� . �. . .. �. .._ ��"'� � �-� ��•y Public, �i�t�� '�'exas 7�� mstrument ^a�,�� a�,��z�av�°ledged before me on the �"�� day of _� ��,�a 2016, by � �" �" � ��.�"� "� ��""��.� City Manager/Deputy Ci��r 1'��xag��;r�ll."�esignated .� .. ..... . �:�� Representative, on behalf of the City of Denton, Texas. �� v� � � �� N ��e�� „��. �� au�'�Q��F�16� 9 �4�1� f f�f°�+6d ,Ckl'�6 �� p� 9vV�;VYG�fl'��Y"Ilf:�l 14, ,hF�7@�,!' �11 uu ^:k�,'�r !. �'A�W ,� i,�ol��MP��,P�� i':�II� ��7..,a�f ��i��f ��'JaceP�� % C�4df�4IY:bV'ilkfY�"":'�4d��1 v. �.._.,..,mM � ,. �on .,,.,..., iouummwu�� .. r�su w�+'w�. n ��a�rv�u�a �ouiu�niir.�: � � �" � � ,�`�� °� �� '�^ �� M. N�t��r �� Public, State of Texas � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �, � f � � �" �� i ' � � �� . � 1 �,� �- �u °° � BY: �� ,� �� .� � �.. ��: �...� � �,'�' I '� '��., �� . ��'� � �� .��' �� .�� .. �� . �� After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations�NCJ\3.4.16�PAA1\Charles M Ha11537281 Non-annexation Agreement 2016.doc � � � ., a;�^ : �s -� �;" d:� V � b W: k i�� "� : ; °� CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE 2016 NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and Charles M. Hall ("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 19.43 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Charles M. Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63258 of the Real Property Records of Denton County, Texas. Said 19.43 acre tract of land is commonly known as DCAD Property ID 537281. 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 mmof mETJmmmmStatus. The City guarantees the continuation of the extraterritorial status of the Propertymmmand 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: 2 (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33 of the 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 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. 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 Co i�es. 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: �� . �� h............................�..��. arles M. Hall � THE CITY OF DENTON, TEXAS � � �'� � � � � � �� B • �� . � �� ,�� ...� Ci I"�'�u�� cr, De �� Man __ _ 'ty � � puty City ager, or Designated Representative THE STATE OF TEXAS } mc�+��..� COUNTY OF � } �____�� This instrument was acknowledged before me on the �� day of _ �� (�. 201 � d� � ,4 �� :�� °d�'� JACKSON �� Notery Publlc, State of Texas ' � My Cnmmisslon Explres � "� : ��"�� ECEMgER 29, 20�9 � THE STATE OF TEXAS COUNTY OF DENTON Notary Public, State � ��' ent �� k:tra7 �c.��foreime�on thMana� e� e uty Cit Ma a��er/D 2016, by �� "��„� °� tY g P Y Y g esignated Representative, on behalf of the City of Denton, Texas. �: awua+ a� Pelf.}1F�f�iv�r'!l�41ff�"�,�il'�4��eG�mm Mw wm..q. �„�„ �„, � ! P ... . � � I ! R il �, „, � � �,� � F�� , ' �� „ ... � .��. _ � ...� � � .:�� `��r`'��`� � ��'�p �'�� "'"��'�� N�.rt��my�� Public State of Texas .n* � y ra9 . � / b^+ ) ��W� �[�Y4�C'.i�if4 al"�fl � �� iti�^'�'W'41�" �o"wH:�N'W'�a'A'L � ��W��l,ry�N��+��NbiW�ulN��mIGN'�tlUi'�'�'^%i�iUlU �!YAS�"��1tlINiIIYI � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �4 �„4 ��,� � BY, �� "��. �°"�� ...�r' � �s�� . a ,� �t,�� M � � r�.�� r,� �� i � I��✓�,�`..�",�, I„� .� � w.� � ,� �� .,,. �'� 3 After rec _ordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�.Annexations�2016 Annexations�NCJ�3.4.16�PAA1\William Ha11537280 Non-annexation Agreement 2016.doc �i;�'::��;��..... °°�1 k� II:'V,� � ' �� CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE 2016 NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and William T. Hall, III ("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 16.47 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to William T. Hall, III, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63257 of the Real Property Records of Denton County, Texas. Said 16.47 acre tract of land is commonly known as DCAD Property ID 537280. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the tertn of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin�Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: 2 (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33 of the 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. 0 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 1 l. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Co i�es. 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: ° ��rv ��..... � . �� "�.. ��:mm. William T. Hall, III 5 THE CITY OF DENTON, TEXAS � ��w�. ��,��°�� ,�� By � ��, ��.�.� .e��.w . City �'Ca �u��'� �;)a��ty City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �,�� day of ,, �°°„�.�,�� .� �� , �„�� o l, III. 201 � "�n11��r� T ��r� �� ,��f( `dP P� Efr'1I16I..!'� 1�1� FfiS4''�A'"sl'�I�11 .n•. td µ, � ' �� Jralr �,�A^,�lalir. `��1a�;��91a x��[,; � ��"� "( t'�uu�l. I r;��ft^; fa�e i.4�`�C�l F °� ^„� �,�...��,�,��. *� . w- _._ �"�,µ;,�fi��° r�i�aTr�r�� .r 7?�� Notary l'�a�f�� State ofTexas �,��„�� . ..,.,,., � _..,., �� .��m�� THE STATE OF TEXAS COUNTY OF DENTON "�"9�� r�r�t��u��.��1. �r�� mc,��uv�°��a� 1��r'� �� t:Y�� '�� , �,1��r ��"� ��''� � °�,�, �(�ll�� k�� " �',��µ� ...�� `��.�"�-�� `�.�� °�t� 91'��ii��,s�r�/f:��.��t� 4:;�1�° &"v��a��•Jl��a��.�'l. _____..____. � Representative, on behalf of the City of Denton, Texas. �o�oN�� o �� o�,�� ,��wP �"�a�pwr�B 1�:�"�fl � I'�1R�„IiMh�K�.}'S��.�.. „"�+" � � ��f�Pr"f�s�PblJfklff".- il�Yl CJl+ff:rCfx�' � �� e t �E'�� i ��rd €�4, ,r� �r�, r � �� u+°� «�� BMff11��d i i�1 C�1°7�Y?� f�3 � �..'�. ��N�'��am"��q��u��.1"'��.�r'�» d`7� d ANITA BURGESS, CITY ATTORNEY : ,�. �, �. � �` Not��- Public, State of Texas , �� After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�,Annexations�2016 Annexations�IVC.T�3.4.16�PAA1\William Ha1164432 CORRECTED Non-annexation Agreement 2016.doc ��_...�.�,....�"��'� �� U��Q� � «.�� CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE 2016 NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and William T. Hall, III ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 5.000 acres of land, more or less, situated in the Samuel C. Wright Survey, Abstract No. 1366, Denton County, Texas, and being more fully described in that certain Warranty Deed from William T. Hall, Jr. and wife, Dorothy Rose Hall to William T. Hall, III and wife, Cynthia J. Hall, filed for record on February 16, 1977 and recorded in Volume 822, Page 729 of the Real Property Records of Denton County, Texas. Said 5.000 acres of land, more or less, is commonly known as DCAD Property ID 64432. 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 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 tertn 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: 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 Speci�cations 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 of the 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. p mm m 'n inmEffect. Following expiration or termination Section 4. Develo _ment Plan to Remai 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. 0 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Termwand 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: � �. . �� _ '� �� ........ �r_ , rr „ � � .� � �� a � � u .. �... � 5 THE STATE OF TEXAS COUNTY OF DENTON This instrument r� 201(,, la� �' �� »�� ¢, ��° n��'ON��°� �#&"��"i�� G �� rt I�rii��r�f�irl,flr,�, ,1F�?ao �°a9 C� ¢ s�� ,�" i ,4 � w € �,��a=��'�r i f �eq r^ta i ) �., � ;�� 4.k V A ��P.�flro�,;�° V��t�e��r�P,°� Ga,�a'�`°�r��"I�„^�� THE STATE OF TEXAS COUNTY OF DENTON } a THE CITY OF DENTON, TEXAS ��` �� "� �� " � BY: �,�� ....... �� ..W:�"�""��..� City :�i � a��a��arr� Deputy City Manager, or Designated Representative before me on the �� day of _ �„�"�� y �� u � �o .� �� „� �,,, � �� „, Nota Pub �.� . � — . ��.� _ �_ _w.��--- ---- ry � lic, :��ate of Texas This instrument was acknowledged before me on the �„�,,,,,�� day of 2016, by C�. THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas �� ia��a�n�a�t �� a�-�r�ruvul��,�1 ��1�r�-�; mC ty t Mana�..�� w.....� day �C'" a�,� ?ft l fa, 1�� w�..� �� ,� �"� �� :��,��'�� .. �� ger/Deputy ��'i�� w�w��e�°/f��i��a��:�. Representative, on behalf of the City of Denton, Texas. �� n��m�� " y �, v,�;� dp ,lF� i�1G ��, I1�4' i�r��44Y�,� �%��t{ f� " � f -P,{6,1'1l,iu 4I19'!61GSs,.1/Frl:°(11 i��k�'�',)IC � �� ` � �'" a°,�°.��w�� u'�.,Prg,��u..°��,�r�� . �.: �'�J M ,� �' �',. Prlr rft�l��4""d1'`ffli�n��!d�s'"1� ��ddtlNN W �111"JN'muu IIIYM'N��luu��wf��ryM f�pp�pV4'w�pp�ryf�Wluww,+�l!NM�� N�NW^.WN��' IW3:°N "N�VXUO�O�p@�� , .... � �� "� �� ,,,�� No��i��r Publ � � mm � �mm . . . . . ......Wu� . ic, State of Texas APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : ,�,� ,,� �� ,,, "'�� ,�� After recording return to: �'"x Jennifer Walters � City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations�NCJ�3.4.16�PAA1\Gregory 173418 Non-annexation Agreement 2016.doc ��V�"� 6�A� � � �� CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE 2016 NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and Charles Gregory and Mary Robin Gregory ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 10.036 acres of land, more or less, situated in the Gibson Myers Survey, Abstract No. 843 and the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 4, 1994 from Eagle Farms, Inc. and John Porter Auto Sales, Inc. to Charles L. Gregory and wife, Mary R. Gregory, filed for record on May 11, 1994 and recorded in Instrument Number 94-R0038707 of the Real Property Records of Denton County, Texas. Said 10.036 acres of land, more or less, is commonly known as DCAD Property ID 173418. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status, The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin�gulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference 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 �, Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33 of the 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 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. No,tice 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 Multi le Co ies. 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. (��rr��r�� ' � �� s�- � b ; �,;. �_. ,� �.� . -�� ........ �,I �'�� '��at°� ��.... � �.�.� 5 � wh � �� '� ��.� � � � �� _. �� ,� � �� .��,.... C'� ��r � � �� t� ��.�„c$� y � ,,�� .� �„,�.�° THE CITY OF DENTON, TEXAS � „�.�� " ��'`" � BY� �� .�.�"��" �„ "�w ... City '6`v��; Deputy City 11�'��;��•, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �� day of �� CJ�°°9 _LL.� 2016, by Charles Gregory. , . � n.,, M ,��, � �� . , � . �� oT�� ,�� "��„ �1�RItA �:YNN C�R�GQRY .� NNf �° �' �"� Notsry Public �� aTATE UF TEXAS � � , �r � , � , .. _ ..� .... �� ^' ;�-' , w ��a�� 1 u��l��u� � l ��"�°�� , ��'�� '��'��x My Comm, Exp. April l0, 2019 �� THE STATE OF TEXAS COUNTY OF DENTON ��,.. �.� This instrument was acknowledged before me on the �� day of _ ��,�°� �� ; , 2016, by Mary Robin Gregory. � �'��`'� � � C�� LYNN GREtiJRY� � �" � � � ° ; � y Notary Public � � M� ...... . , , ° �' STATE {JF'I�XAS l�L�u�r � "��l�t�a.�, "� t ' ." �� I��fi� ! ��» �� i ��',t�y,�; ��"� My Comm C'i��, April 10, 2019 � THE STATE OF TEXAS COUNTY OF DENTON 'T"G�� instrument � �� l�r�c��ledged befor me� �n thMana e�De uay C�� '��J� m 2016, by e _ ��'.� �,��' � �� .�� = Y g P h' �' � �esignated Representative, on behalf of the City of Denton, Texas. �� n� � i ,: .,,. . . A � ��"�q��`a°,a !�I��. �� IIk6��a�4'��"�4�P��' �" • 1'�� I"��I�4':'�V�I^tt I'd;l'��I It. ,,1�'ti1IL �tN- 1"4':Y;',A`` �' � ��,�� o�.; ��u��ti, u �cu ��r�-�a� �� ao��4ku ��*" C"� ,7,.V.�V"r I��1�la�'�,ry'a r$ � M ) 4 �' qwW.Iplry�qpmm�p0111WW� u4Vl�� RA�mmiM�Nl WVIpU��lluµ@tllYl U!�IUW�.��yX�'�Ml�ry�� ,� � � � �A � � �� Public State of T �� Not� .r� , exas APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � ��,� � � BY. �� 'w�� b I�'� � �m�� ,:�._ �—_ �� w � ��,, � � e�� .�� , � ��'�� rr � � , � �� . �� :..�� . After recordin$ return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�lanning�tlnnexations\2016 Ane��xations�IVCJ\3.4.16�PAA1�F�iarris 173423 Alon-annexat�on Agreemeni 20t6.doc CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE 2016 NON-ANNEXATION AGREEMENT ��.�� A 10 � 3 4 �� 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 Jean Ann Harris ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 10.000 acres of land, more or less, situated in the Gibson Myers Survey, Abstract No. 843 and the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May 24, 1994 from Eagle Farms, Inc. and John Porter Auto Sales, Inc. to Joe Burton Harris and wife, Jean Ann Harris, filed for record on June 8, 1994 and recorded in Instrument Number 94-R0046325 of the Real Property Records of Denton County, Texas. Said 10.000 acres of land, more or less, is commonly known as DCAD Property ID 173423. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin�Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not 2 prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j, National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§17-141 —210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33 of the 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. T��vel�a axaer�t Plan to �.�tra�ia� in Fffectw Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this Agreement. � Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. _Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. THE CITY OF DENTON, TEXAS � �� ,� m�.��n� � �� . �� B �, ��. � � Ci 1�� ,�a� �1�� µCit Ma a er, .o.r t1' �� l h' Y g Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instruxnent was acknowledged before me on the 2016, by Jean Ann Harris. , �� '� �.,� �°� � � "�„w��° � � �___. „�� ..� � � ... ......... ........_. Notary � �1�9��;� State ��& � �,��;�, .�� :�c� 1��.�.. �.� .�. � ,„ � �'�� H KARA LUGO ��.�„�� ,� .� .� � „ _ �'��"� � , _ �w Nutary Public � State of Texas ��"�'�� r�� M Comm,Expires01•15-2018 �� ,,.� ,� Y ��,��.�.��.��.�� , THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the ,� w� mmm � day of 2016, by Notary Public, State of Texas 3 THE STATE OF TEXAS COUNTY OF DENTON } } This instrument was acknowledged before me on the day of 2016, bY ��..�...�......��,.,.., �___ an� THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This instrument was acknowledged before me on the day of 2016, bY .......�.�.�..........�..........�m..�� THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas � , _° � ��"�� efore r��: ca�� tl�� "�� .i;�� ai, � � ,_ , ">�11 �a.„ h� ��, �,, �� aa��tr�a�x��r�4 �rr�� kaac��ar +�e �.c ..� ��'�'��" � ° ��„ �,� � �' � , 4.'i�� [1r'1��,�1..��g,��+ ��1� ��rz��0��.��1i��1�� Representative, on behalf of the City of Denton, Texas. � ��o�o �� o�� a��uR�� V��9611 ; Q��R� P4��G:�"��4� � "��, � r"8Gl��l�'��'�df�I.IC " r�t� 4�tf r� m/a°;�� I � �� :»� ��w�r� u�.�,�� G� r�� n��, a �.��;� � �- � �,� �;�� Mru�� f '� Y4tlbk' �' �o. , .. ,q ,.�. uomuu� lu�' . . o�r��^�u'�� (�. ¢WNOOoi��ulmmWUN�wIN'a�!#�. �, � � „..., � � .. � � ��"�:. w. �„ � Nots ;�•� Public, State of Texas % APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �� BY: �`�� ..�'��!��"� �� -��:� �,,��'�� '" - o� � �� , �.� � �; ��"�� .��; "�� w ��w� � ��.�, . �'�� I^M�,.�� After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:\Plan.nir��\Anziexakians\20➢6 �zncxatioxas�t+I�.T�3o4.I6U1'A.l4.1\'VVozriack 367(}9 3663$ �C1 `�'1"��11Van...acinexatiart A.greeznePak 2(116.da3c � ► r . .; � ' +� � � � ; I � I � • � This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Lacal Gav't Code by and between the City of Dentan, Texas (the "City") and Carole Arm Womack (c`Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as 66Party" or c`Parties": ;. . , � .� � , . . � � ♦ ' ♦ - . -r . � + . . � , � . , • - !. � �. - � � . • w �- • � - . . � �- + � - �- ir-� . - , �- .' , , �--� - �• - r. -� � � � � � . . :. � �- �� . -�' * . � �' � . � '' . • -_� •-# - �. � . �� l. � - ' -. ' •x- ''- • � � !>- r # - , . � � . . . • , w � • � - * • � . I � I ' ii, � � /r . � I � I ' ii- I �• : �� VVHEREAS, 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 "Annexatian Area" that includes the abave-described Praperty which was and is sub�ect to the provisions of §43.035, Tex. Lac. Gov't Code; and WHE AS, in accordance with State law, the City offered, and Owners accepted, a non- annexation develapment agreernent contemplated by §§ 43.035 and 212.172, Tex. Loc. Gav't Code (66N�99}, in lieu of the City's annexatian 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 operatian of State law; and WHE AS, Tex. Loc. Gov't Code §43.035 authorizes a property awner and a municipality to enter into an agreement pursuant to Tex. Lac. 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 regulaiions nat 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 far agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHE AS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Lac. Gav't Code, and the Tex. Tax Cade; and � . . �- �-� •-� � � -��- -.� r � + # ��-� - .�� -� �� , �i� .� " "�'_p,"�f:"N,°r�„"� WHE AS, the City desires to allaw the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the `c2016 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 WHE AS, 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 institutian of annexation in April 2016; and WHE AS, 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 WHE AS, 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 recarded in the Real Property Records af Denton Caunty, Texas; NOW, THE FO , in consideration of the mutual covenants contained herein, the Parties hereta agree as fallows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not ta annex the Praperty for the term of this Agreement, as hereinafter de�ned, and any subsequent renewals as may be agreed upon by the Parties, subject, however, ta the provisions of this Agreement. Section 2. Develo ment Plan. The Owners covenant and agree that use of the Praperty far the term of this Agreement and any extensians agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessary uses, and single-family detached farm or ranch dwellings, provided that na single-family dwelling may be located or constructed an a lot smaller than iive (5) acres unless the lot was created prior ta 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 af Tex. Loc. Gav'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 Agreernent, provided that the applicatian of such regulations does not result in interference with the use of the land for agricultural, wildlife management ar forestry purposes and does not � prevent the cantinuation of a use established priar to the effective date of this Agreement and which remains iawful at the time the Agreement is executed: (1} Zoning standards contained in the Denton Development Code (66DDC"), as amended pursuant ta the current Dentan Plan, as amended, including but not limited to the ( -5} Zaning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Develapment Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protectian standards, and water/wastewater}, Denton Mobility Plan and other appraved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specificatians for Public Works Construction, North Central Texas (NCTCOG Manual); �- � • � ; •�- . .�� -� r - . r - � . -• �- � •w- . r - : , � ' . • � �' x � - � . � � • . , - � - �• . � - � . . _ �-� ,; � �`- �. . - � , • � . - r . : � � ' ��- 1 � � � . , - � - � . � � � .. �- . �w- !' � � � ��- � . • � .' . - � - _ _ . � ,' - ��- � � � � . _ � - r . , w . . � .' •r. ! � � � . - � - - . , r , -' . ��- � • � • . . - • _ . * - . , �r- 1 � � � .' . - � _ * •#'- � ! � .� - 1- • ' �r- . •�- , . . *.r - � • � - : � - . • •�- ! � • -: • .' � . � , . •w- 1 � � # . . - � - * - . - ��- 1 � � -: � . . . � . � + . � r r � , •. w �- � *r- ., : : � . � ., �' 1 , . - �-•' . �� . .�� .� � , � �. � . �. � �- � ��- .. ; .. � (4) Sign regulations, as cantained within Chapter 33 af the Dentan Cade of Ordinances, as amended; (5) Applicable water and wastewater connectian, canstruction and an-site aperatian 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 Cade, as amended, and applicable administrative standards of the Texas Commission on Enviranmental Quality, as amended; �' ! � •� .• ' w�� ` • / .�- .' • ' . '• . 1 1': . • ., '� .�'' � # • ' . � �w' . . ,' *'• � .� ', * � � � ' ��'. r � �' �'#' ' �" � � . ��r�' ' . . . �� !'�� . ! ��f " '� '� � �.� � -. � ' ' • � .�- ��'' . �' ' �'� '. � ) - � . #�. � � • ••f . �• .! ' .1 � . � •� �' • ' ' . ; * # �' # . ,� #'��,. . . ' �'#� . I .��,��• �.i ' •(, . ' �� , •.,��1 �;�� .. '�'.. �' �' � . �.�' ' ♦ �. . � , . �' '�� . �' � . � ! �! # . �. w' . ! � '� ' �, - _ ' � . �' • * � . *.� . • � . . . � � ,• - � . �� • �- . �• . ��- . . - •-� . • . .�r .r - , r . �� - . -� • -• . . • _ . . ��_ _ _ . . . .. � - •�- . . . ` . - #�- . � .�• .� ` .� . - , r. • � _ . . ', •.• • • . � _ . � • • w - ,' # . . , - r-� Section 4. ]f��vel�rraent Plan tca Rerraain, in Fffect. Following expiration or termination of this Agreement for any reason, the Development Plan set farth in Section 2 shall remain in effect for a period af 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 ta the City far the Property during such periad if such applicatian or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, ar by co on law, fram the submittal of such incansistent develapment application. The Owners further agree that no use commenced or completed on the Praperty that is incansistent with the development plan shall be considered established or in existence prior to the expiratian af the 180-day period during which the Development Plan is in effect. Sectian 5. A�reement Deemed Void_in Part, Voluntar� Annexation. (A) If an Owner iiles any application or plan of development for or otherwise commences development of any portian of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 af this Agreement shall thereupan become null and void. (B} Upan expiratian, or upon breach ar termination af this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gav't Code subchapter C-1, ar other such other provisions goveming voluntary annexation of land as may then exist. Owners expressly and irrevocably consent ta annexation af the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and nat subject to the requirements and procedures for an annexatian 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 3G days written notice of this l�greement 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. 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 5B, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners I �� i ��yy �ury � `�� _� 'py � � � � � r .... I k� � �W '� " �x� C,�. � �W�'IA' I;�fi'� �p ��, � �;�' �,. � t.,�w��1� Ann Womack E THE CITY OF DENTON, TEXAS �o.� � �� .�� , �� ...� �'•�� ...._. ___ � � City �c�a��•,��.�ty City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON ,�� ,� � This instrument was acknowledged before me on the m� y;my� "y ,yym day of �,,��,�� '� ^� �� ..:,.�� ' �� ..�.. ..� 2016, by Carole Ann Womack. w.��.� � � � � .�.,�� ,�°�� ww�v��A�� .�� v ��"' � a� o �� , �¢:s�� . ��a�� s� � ` � w ` �'r � �', �"�w �:: �,c.r�u°�o�"�� :��ou�� b—��-'�� .�, ��fi��,�,� �� ,..� �� _m.�:R '� �`�'� ��.°„ _ ��'�� „�� i��a�� w�� '�� Notary PubA�� State of t"u��a�� m,� tiA�� ;�� THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 2016, bY ......� _..�.., ...........-- Notary Public, State of Texas C� THE STATE OF TEXAS COUNTY OF DENTON } } This instrument was acknowledged before me on the day of 2016, bY .....A.., ,, _........ . ..... ........—. ........• THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This instrument was acknowledged before me on the day of 2016, by -- ....�.��....._._-------- � THE STATE OF TEXAS COUNTY OF DENTON } Notary Public, State of Texas This instrument was ��i��.��,�,ci �.aa,tia��; me on i1z� "��.. .. �1�� S" _ , ;�� t� N �;, l�y ��"�' ��"r�., � �-��"��.��_------� City �'T�►��„�°MIf��,y:�u:n�.� �'atw� M<a�t�u�.,�rl,i:➢��s,�r��tRk:wc�. Representative, on behalf of the City of Denton, Texas. � 4lkc�w�Imm��MI�M ,,. „�O�,i� ,.. � �. ��,.,�Mk,.�,,...wW ..� � hns ��y� � W�rr �� A .M�N�W� ��. �''�Illu � ��V�� m �� ,��,� � . �'�mlldl ��IIu'RII.�ii "��'r�'��, QY� �4 ^'r�;�ri � � rw j��qtli �r �`�^»� � r� d�� dV��l� I� i�ll �' 4�� " �� w'� � oa � �a�n��^ � 16'��h�+�V��Il��p�w�'�wW�� wn�� w�m�umi�,u�„iio"..�^. .�i��i�!�Wu�um�m�Uuu��u`�'��.,o, . __ � _ � �. . . . .._ � ��._._��-�M�� Not;�c° Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � � --� � BY: �� ,,�� ' � � t.. �� .��` �� '- '�- ,„�o � y � ��, � � � ��,;�� P�w � � . � �.�� `�" �°� �`��w, � �� After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�,Annexations�2016 Annexations�NCJ�3.4.16�PAA1\Wiley 170983 170981 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 Tamara Sue Wiley ("Owners"), the property owners of the hereinafter described property (the "Properry") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 15.00 acres of land, more or less, situated in the A. Miller Survey, Abstract No. 887 and the Gibson Myers Survey, Abstract No. 843, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated November 11, 1993 from Eagle Farms, Inc. to Gary Wiley and wife, Tamara Wiley, filed for record on November 24, 1993 and recorded in Instrument Number 93-R0085412 of the Real Property Records of Denton County, Texas. Said 15.00 acres of land, more or less, is commonly known as DCAD Property ID 170983 and DCAD Property ID 170981, 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 �';:�m � ;:," '� � �; ,��ti, i�.r �� °I t"� � ° y �� ,9 �� ,�-� �� "� 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 iive (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 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 �. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33 of the Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, 3 as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Develo�ment Plan to Remain in..Effectm, 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. � ' � !' * ' w , ' � �, ,' # * • ! • . ,, � � � + �, - � 1 !�'�� '�� ` � � ' ' � . � � . � � - � ��, ��, � - - �� - � _ • �. ..�. i ' . ' • �.'... . ' .. * � � ,.; . . � # •' � �. ' ��.. .. � ��'�� '; � � ' � '.. ♦ - �;. . # # �' �w! ' City af Denton, Texas ATTN: Directar of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin . This Agreement is ta run with the Property and be recorded in the real property recards, Denton County, Texas. • �� : - � .• ��. • � • �� •��• � � w • , �._ . � � . # � � . , � . •. . • • . * � � , . • : ,• . � �, . � . � . � � - , r� �. . � � . � . _ � � . � �� _ � . • � '-� � , . � -• . ' ! �� ! . �' l' • -•' , ' # ' * . f # # # ♦ � -_ .�,, � � . - � � +' ! , , � � � ` ,, # . 1��, # "� i * " ' � � �- � � � ' �� .� ' '. � ' . �. � .'� � � . � '.� # � *`_ * . ,� � � � � #�� _ , _ ,* 1 � # # � ' � " ' ' � • _ . , #� . �� ' � � ' ,, � " � �+ �-^ - . - i •' f. . ' •� � � � ' • •' • � # ! ' � ' i' ! s � . � � . � . . . �. �, � ��,• - � . R� . � � � .., ' '�, ��,,' # � � � �� " �', ' � ' � , '� �� ' # � ' � � ,, - . . �, . - ' � • ' ' ., , �, • '� ' ' • ! •�� '�� s ._ . � �� . �� # � �' � # � , • � ' # � �' . # ' � ,, # #, . # � � • ' �' ! �' ,, � ' . � , ' � � # � i � # . • +" ' ' # ' ! ' ` � # •,:' ' � � �'�� "' � �,�� ,�� '�"��t'"�""�";�'� w� f..�' __�... �� ":'� ." __...... - . Tamara Sue Cohen Farmerly Known as Tamara Sue Wiley E THE STATE OF TEXAS COUNTY OF DENTON } } THE CITY OF DENTON, TEXAS B�,m.. � �� '��,�� y; � �� ,d � �. � � ��..- City �. � it��.r, Deputy City �anager, �or Designated Representative This instrument was acknowledged before me on the �� y "� 2016, by Tamara Sue Cohen. °2 � da of m_��We�� ,�� , +*"'"°��"�P NICHOLE ELIEN EIKINS�/ � �""�� "�*� Notory PubllC, State ot Texr: �,„ �� Comm. Explres 11-17-2Qi` d �w�� «��,�,� � Notary ID 130443153 ° �'nalewa� �� .. ��,.�. .... • �a.„...rw�„.� �,. , THE STATE OF TEXAS COUNTY OF DENTON } } � �+ y r �qw �w�,� � � �'��'�°" � �✓"�'".��.— ��: �� <�',e� � %��'��;.,�..�� Notary Public, State of Texas This instrument was acknowledged before me on the day of 2016, bY �...�. W.�... � Notary Public, State of Texas 0 THE STATE OF TEXAS COUNTY OF DENTON } } This instruxnent was acknowledged before me on the ,_,,,,,,,,,,,,,,,,,,,, mmm,,,,,,,,,,,,,,,,,,,_ day of 2016, bY �� _ THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This instrument was acknowledged before me on the day of , w �� m,, 2016, bY �.. ....�_�. THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas � ..� � This mstrument was ��%x�t��a1�t��.,a� before me on �1�� "�� .�I" �� "��"� , ��il�Z� ��r� �,��"�""�' ^� °� �,� _.� ��"�"��d�,��::m � City :Mi�r��;e�x'l��l��tl� i:;;�l� ��z��t��;'IT�u�i�i��tc:�c� Representative, on behalf of the City of Denton, Texas. . iW�ww;mauN0lmm �'� �W IIN ��^ ��' NOb vJH:M%r�P� 0 f�i�vs WWII � ..,�e (�4h�f b�4V4y �o Nd^GI� il4 II ir u4��A4 4�4 UII pfl.'4�1 Ulllkq � .'� �� 4ua"P9��4'�V ��bl�l I�� 6�;1fi GH�� P �d �'"r �.� � ,`,r ��: �a�:��9, �:��rfl,, �� fi�� ,�� "�, �� °"u��,w 9'�9d9Vs��°N'�"�i�V��Ehr'",'a"➢m��f� �ceeo �+a.a'^ ,v:. .v,wvaoiNww!�w . . wt�vinuw�muuuiuu��w��wsv�mu�rnwiwmi�ui�wrmo'N�w�ioouwwu,WVv. � m�. � � . �� . �� .� . . �. �..� _..� ,,.,, ,,, .� Not��t°y Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � � BY� �:��°�`��.� �� . �� „,�t ��'"� °�. , F ,� ..x ...�... R. .�..,,,,m P,....,...., � ,�, �,�� , � � �pp a g � ^ o�a f u' ,,,��.'�"+'�.w.. ��f'r. ��d �� ^�� ,�.w i� ��MM1 � �:.� � After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations�IVCJ�3.4.16�PAA1�Evans 164577 Non-annexation Agreement 2016.doc �� a .. y��r " d�,:P "� �' H�� d..� �', �� CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE 2016 NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and Henry Evans, Jr. ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 5.433 acres of land, more or less, situated in the David Davis Survey, Abstract No. 356, Denton County, Texas, and being more fully described in that certain General Warranty Deed dated July 9, 1999 from Loe, Warren, Rosenfield, Kaitcher & Hibbs, P.C. to Henry L. Evans, Jr., filed for record on July 26, 1999 and recorded in Volume 4388, Page 22 of the Real Property Records of Denton County, Texas. Said 5.433 acres of land, more or less, is commonly known as DCAD Property ID 164577. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in April 2016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter de�ned, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. 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 prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: 2 (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33 of the 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; 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. 0 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilit . Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners . �M � �� .. � �.... �� .... _________-- Henry Ev s, Jr. E THE CITY OF DENTON, TEXAS � �� , � �� By �� .�� w.��,��' �� Mm��m ;� ��,,,� �.....��.. City �'l� �� f�eputy City I"�D<�aa��, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the _,,,,�„�,,,mm__ day of p��m��'"��..,� �� 8� ._,, 2016, by Henry Evans, Jr. �� wa�o� _....� iP�u�u�Pu:�� V��V'��M . �� ,, � � � �� li ��,��9�u �r� V"�i u�NM� ��0� �� tli ��.�� sa�4"�a��` � �N��u u�lapwd � I�u��u � n��'� � ��„�� III �� u J� ,�� THE STATE OF TEXAS COUNTY OF DENTON � � � '" .� � * Nota Public, � e of Texµ �..� �� _ __ ..... .W�._._.�. _ ry Stat as � .. �, .. T his mstrument was �.�c1W��rledged before me on the "�.�� day of _�� _,„�'�,�"� , 2016, by �� °�� ""_�^� ��'"'��,��,;�"� �: �.��.�. , City Manager/Deputy City Manager/Designated Representative, on behalf of the City of Denton, Texas. �, �� wn q�u i s '....... p�re'� ^'r��, ,�r�kti�� V�':;��Q G��+��I..�"i�r�� tihr,u�,�� f� u��..�� G�wti� ¢,°ai � ��a��d � ��"��, � ' �.:a�71�9Cv3 �':i�l" Gb6a �'e" JCkY�.F � pa"�:�� C4a116�n�°ti 9f��h�".�i�ti� � �p � an^i �uiwuw�.uw��u �i�¢,�'�uorra'u^r�r,u��i;�,ui"�m,xNn�rw ��waww�;anuu��ra� aru;��mr,��i��r, APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � �� ` �� St � — . ��.� � ��.„�"'� ... �� W Notary ��hii�;, ate of Texas BY: � ��,f�.�P��'� _. � � .�� i� �� :::��M� � .�, �1 � � �� m�� , �� .w� , �� f � �� ...�,� � �' � . � After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�,Annexations�2016 Annexations\NCJ\3.4.16�PAA1\Hall, Jack & Cynthia 651278 Non-annexation Agreement 2016.doc I�I,� �°;; � � � � � � �� :�.. �� CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE 2016 NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and Jack Hall and Cynthia Hall ("Owners"), the properry owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": A 3.13 acre tract of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in that Special Warranty Deed dated March 29, 2014, from Thomas Kent Hall to Jack Buchanan Hall and Cynthia Ann Hall, filed for record on September 22, 2014 and recorded in Instrument Number 2014-96406 of the Real Property Records of Denton County, Texas. Said 3.13 acre tract of land is commonly known as DCAD Property ID 651278 RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March l, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in 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 iive (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 prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: 2 (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33 of the Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; Voluntarv Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this Agreement. 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. Recwordin�. 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. Owners: ... , � � ��F' �n � s � � "�•..�w �.�..�.:��°�� ......... . �........� �.��... _.� . ___.,... _......_ J �.�� C��z.11 �::. .�,, V � ...m � � � �4 Wy � � � � �'�"a � ' �q "' `' r�4 � _`�d � ,' .,, ' ,,�='�,..''� _ �, Cynthia � � � l'' � THE CITY OF DENTON, TEXAS �� ,.�.. � � By: �� City � a� ��a��, ��:�� City �"v'l�i:��k��t�,.or :.,... Designated Representative THE STATE OF TEXAS COUNTY OF DENTON "1"1�.i� �i��1a•�ya�a�x�t e��4�r��.��,�� :�i�r�� me on the , � day of ��,.��r..�'�s�"...��n�.,,,,.__�.,,__..� �?��! �a, �a�+� ��q� C-�w��l.. ��` 1T�� `�� , � �,�,: �� ,� � �� "�r�`� "��'�� '�`"� � � � ��. �� ta � � � � « �„ � � � � ��„ �� , � � � ��"� �� ' � � � ��, m°��r*�n"? ��`°�,� �� µ �,� �� '� ,�a � r �„ � ' w � °�`�I:� �a�"�4"�I 1 � C��'�"I � ��,��,�r �"� � �� `� ��a� COUNTY OF DENTON , � ��,,,� � � ...m. �'"�� '�"� �� u,�-�--.. Notary Public, �;t��, of Texas This instrument was acknowledged before me on the ��i'��t�, �� ,��t�hi�� 11�1�:�� r�� , �� " ., day of . ........�� :�„:.. � ......... ........g � �' �� °�,��a ,� �� ' ffi °� � `°wl � � � �� a, �� ,�� , ��N � � � �� , ��, ' �� „ � � �„ � � r ��. � : ��,� � � �� , Notary Public, State of Texas �, ^'* �� r�w� � �,�� M � : ; � �� "�,�^� �� °�"�� t��1�� r��au��"� THE STATE OF TEXAS COUNTY OF DENTON Q"�:��, ur��t�°��x��w�i�� n��x� ��,�9�r��v+ri��c� C�c,�"��'+�� me on the ��o- day of �� ^�_ � 2016, by .. ---- �� '�' ��"a",� �`_� �.. ��,;:. Cit Mana er/De u Cit l�'1��ti �,�IL��i �r.��r:�. � � �� Y g P h' Y �'" � � _ � .�...., n.,.�� Representative, on behalf of the City of Denton, Texas. � �� v� � �� , � �° ��°�P ti4 I° .�' 1i ��+I Pfi: k",4 �6 4 u ��r � �� rtr�r,r.,<�Gaahi.5r ,r�r��:r,9 i�.�ti;�r� � � � �:`,�°71,r�9�,�1 �.�°.e�P� (tia �'Y JC7i� i � . .,I ' � ��;a4�.''+r�&,� Pf�71�"mF�"�k"r'P1.1@1�n:'s'Gpi�1 � d8 II�F .,�. �e� ... �.. . IWOw�, qrytlOP�m'��'uM'p"APM�"'�"aNO�I�MIVN�'^'^N'�FM'4�9�WVMMY�WW'�4�A�M1 AtlNOI'��i N IyG10n'Y7�OktlA� � N�� "� ��~ ��.��r�r�� `�+ Public, State of Texas _. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 9 BY: � �y��" �� "�;�� .�..�..:..... ��_��,� �� ,�� .�___. , �� °� � �.�� ,�� q�� After recordin return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�,Annexations�2016 Annexations\NCJ�3.4.16�PAA1\Jack-Cynthia Ha11537279 537282 537283 Non-annexation Agreement 2016.doc �� m II��;;;. V � li...... II,� U�U�fl@ � � ��1V�8,� 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 Jack Buchanan Hall and Cynthia Ann Hall ("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 13.41 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in that Special Warranty Deed dated September 12, 2014, from William T. Hall, III to Jack Buchanan Hall and Cynthia Ann Hall, filed for record on September 22, 2014 and recorded in Instrument Number 2014-96407 of the Real Property Records of Denton County, Texas. Said 13.41 acre tract of land is commonly known as DCAD PNoperty ID 537279. Being 10.00 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in that Special Warranty Deed dated December 12, 2012, from Charles M. Hall to Jack B. Hall and Cynthia Ann Hall, filed for record on December 14, 2012 and recorded in Instrument Number 2012-141975 of the Real Property Records of Denton County, Texas. Said 10.00 acre tract of land is commonly known as DCAD Property ID 537282 and DCAD Property ID 537283. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). 2 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 l, Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33 of the Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as 3 amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently or at any point thereafter, 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 0 required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this Agreement. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, 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. E Owners: � fl �'' '� ��' � � �_ � n,. , _, '�' � � �� .�� ...� � ........2 ...... ......�. J�� r��w�� Hall �'' ��i�r��: hY �k �u ��.� � I � ` � � ,",f:.e� � b ".M F r"""�M,�J' I �r � � �6 � ,.,; W � �i � , ,,,,,,,, , , , ,,,,,,,,,,, , ,,,,,,,,v �"��tlt �� Ann Hall ' THE CITY OF DENTON, TEXAS �� w�. �,�� BY�� "�"� �„ � �� ,� "� � � � � ...._. , ... ....._....... ... .. ........... . City 1M�Lra��;��, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON �'�� ii�wlr°�Nr��a�rat��`��'��l�+J�„�cl l��r��°� �� t6'r� ��1��„ i� ��a�x��c k�u��fl��"�d� �� . � ,� �� ° � � °� � �,"�� " ��y a?i" �� "� ,� � , � � .m � � ��'�°w � .Www M � � � � � � � � ro � �„�� „ °� �,��, �� Notary k�ai��lic, Sta �' ��„.. � �, � � te of Texas � ��,�� ; „� � � � "�.'�".��'��° � "�"1�:I� �"1"�� C)I� "�'"��'�� a� ��`� �"`� �� COUNTY OF DENTON } � �� R,� � �� lw��:ar�fl��l��,�i before me on the � � � day of �_�"'�w, � �� "9�r1� ��1��•��u . � � � �� _...____........____�� C��I(�, la (�� 1�i�.� � . , � � �, � � ��" �",��w�� ^+��" �,�Y N��""�'u�"�." �, � �- � �� ' *� '�"� �'.« *� � �� "°wr �1 f ,u� �+ w�" l"! . � � �: +� ,� ° _. _ ....___. � � � � ,� � �, � �� * � Notary Public, ��.�tc� c�1` Texas � "� .� "��" c�r ��`�. �� I�� :�� "�r�",�T'I: t��"� � � ��•� � � �� a��M°�. �� :�c��'r� caf ��:s��r�� cl before meC �n thMana �e� e uay Ci Mana er � 2016, by �a�� .l��a�a�l��6 .„�, ��mm. �. ._. ------�� . �� . ��,��' �` � ..._...�, Y g P h' ty g /Designated � Representative, on behalf of the City of Denton, Texas. ....INIt101www WOIWw]rorM1Wu�� NuO�'A� . � �i��NNe�m�.+,M'fWtl � dliYHtt� II II /p ,F MA �••.�..� �il��'�u 0�:. ��Q P�l"'W�'�I11�YC�U`L �4, �d� P��iP kP�v {'�DIfC[(.� P��I ��r �l`iAJrkei ' � �w�u��" ��; 4 � wl��'i. l � �' ��9G� �' �' '�x'0 "�' ., i �� Pd��u��" I�VOP�J��`t� ��Yki'E��O f/� r,�.rewmdu�u�,�,�m ii�rwa�rr;mr.a�r�Wiwum,�u,�n�uua�auiui�man�w,ii�ooioi�o��miwu�uw'��w�rvmowruw�.l.�. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : �� .� ��`b � � �� . w �� ... � ��,.,�,��,a�� .� � � ��.J"�...P .............,..meeeeeeeee...ee.. ,............_. ublic, State of Texas 7 After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:\Legal\Our pocuments\Miscellaneous\16\NAA Extensions\PAAI\Jack Hall 537285 537286 155005 64431 Non-annexation Agreement 2016.doc RECEIVED MAR 16 2016 ,, . . �; � � � �r i , � . . � .. • This Agreement is entered inta pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the G`City") and Jack B. Hall (`cOwners"), the property owners of the hereinafter described property (the c`Property") in Denton Caunty, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 10.14 acres of land, more ar less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract One of that Special Warranty Deed dated June 4, 2012, i`rom The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Ha11, Jr. Share B Trust to Jack B. Hall, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63259 af the Real Property Records of Denton County, Texas. Said 10.14 acre tract of land is commonly knawn as DCAD Property ID 537286; and Being 18.25 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, mare fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocabie Living Trust and The W.T, Hall, Jr. Share B Trust ta Jack B. Hall, filed far record on June 13, 2012 and recorded in Instrument Number 2012-63259 of the Real Property Records of Denton County, Texas. Said 18.25 acre tract of land is commonly lcnown as DCAD Property ID 537285 and DCAD Prope�ty ID 155005; and Being 5.000 acres of land, more or less, situated in the Samuel C. Wright Survey, Abstract Na. 1366, Denton County, Texas, and being more fully described in that certain Warranty Deed dated April 24, 1975 from W.T. Hall, Jr. and wife, Dorothy R. Hall to Jack B. Hall and Cynthia A. Hal1, filed for record on April 30, 1975 and recorded in Volume 743, Page 92 of the Real Praperty� Records of Denton County, Texas. Said 5.000 acres of land, more or less, is cammonly known as DCAD Property ID 64431. � 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 nan- 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 annexatian in 2015 (66Extended NAA"), of all land in the Annexatian 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 inta 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 far ad valarem 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; . r 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 L`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 WHE AS, Owners and the City �cknowledge 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; WH� AS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; 1VOW, 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 af 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. � Sectian 2. Development Plan. The Owners covenant and agree that use of the Praperty for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm ar ranch dwellings, provided that na single-family dwelling may be located ar constructed on a lot smaller than five (5) acres unless the lat was created prior to the date of this Agreement. The property owner may apply to the City far division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purpases set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Praperty 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 terrn 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 continuatian of a use established prior to the effective date of this Agreeinent and which remains lawful at the time the Agreement is executed: (1) Zaning standards contained in the Denton Development Cade ("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 subdivisian and develapment regulations contained within the Denton Development Cade, 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 Narth Central Texas Council af Governments Standard Specifications for Public Works Construction, Narth 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 fram 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 lacal amendments; c. The Internatinnal 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. Internatianal Energy Conservation Cade, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; � # • • � � • + .' �• � : �' # �*' ♦♦ i i ' � ' • ! ♦ ♦ �� . � r � ` �� • ' ��. .: � • � ..; . � � �.. .: � " � •: : ��. •:. ��•: # ....�. •r.:�/ ,,.•.. � �... ��' �• � 11 /.::� [ • _� � � • � . '� ' .• . • - �' 1 #�.' � �' w . • ' *'� � • / . . � . � " . ! � ' . � ! ` � • � , . � #' ` ! � ' r � ' '• ' � ' '• .. _ * * . /. • ' •�' • � •'' ' , : . s-� . � r .• - s . � • " ��' . . - �-• - �'- ♦ . - � - - . . �-• . • , s,- . .• � - . . , - . . . . . • • •�- . . . �-r . . - � - •�- . . � �-•' - , - ��• . . - �-� . • .�� .� - .• . - . �. • • . . , • � • � . # . . . - •-� . � r� .� -' •#w ' � • � . .�- .' • - . -� . �. •: , � . -• , . � � , �. * �r- , . - •-• r .� -; • _ • � �1 . . - � -� •� - �� - • ) . �� • • � - . �� - � �� + . r •�� r - - � - s . . . . . � -• - � . . , . •r- . . - r-• - . . . ' - � - •�- . . •-� .�r .� - .• . - , w, r � • - . � • • - . . - •-• , c .� .• - .' . - , r. • # . • . • . -�- . - .- , ,.. .. � � . • . . - •-• , r , - � . � � :. r r �• � . •. • , � . -w - � . . , - •-� . - • � , - . � � .• - � ` �- • �- - •� - • - . . - �-• , w' . .�• .� . , r . •• - - -� � -r - - • _ _ . - •�- - - . . . ' - � . �w- - - . . - ��- . � , .r � .• . - . •. � � - - ', #.• � w . � , � • � � - . • . . . - •-� Section 4�,� �e��e��a�a.� Rean�i�� i� Fffe�t. Following expiration or termination , tnea�t_Plan to ......� 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 ar 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 cammon 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 af the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; VoluntarX Annexation. � . • . . . •• . � • � � • - •• _ # *. � . w �� -� � � - -� � � -�� • ,� � �� s � _ �� _ � _ - �� - • • �� _ ,� * �-• . # - * , � � � • -- - - - �w �- � - , • � • (B) Upon expiratian, 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 pracedures 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. � - ' • r • - • , . • r- r • ' � � ` . �� • � � . # �. . � •� � • . �� - • �� -�� - *� - �� 1 • . �� -� � - � � . � . . �� _ � . • � •. . � . - � • . -- � •* � _ • . . �- � . •-• � - . - • � • .+w - City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 � .. � * , . _ .. . • - '' •�- . • r, - � �-� : - . � • � � -� � � - �� • �� - • � � -� � 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 ihe provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 1 d. 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. Sectian 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upan 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. � ovenants. The covenants in Sections 2 and 4, as well as the Section 14. Survival, of Cw �,,. _�, 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; .�� . ( `�. �� o �� .�;.:� � �. � .. J�� . Hall �� w� � � "" a q, M �� It .. . `Y �.. , � �N, �1 yL� � '4.,r��l1� � � , Y,_�_ �. h, ...-.._.. . .�,,:. 1 Ff .........�.�.,.,..,_. . __ ....."'._. � �� Hall THE CITY OF DENTON, TEXAS ,�, �� ,�� "�� w��,��w�... g�� ,�,�� Y•.. ��.m ... City C�.��r��r��a,��at[ty City G��r��M��•, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON ..__..� _ � ��.� W ' I'I�i.� �sa��.�°w��KN�a�;�l r�A�� a�&��s.��r�l��l�,c�,�� l��a�fe��°� r�t�� cre�� I�c. � � �� " �. '��'"� �� ..... .._..�, � s �� r. ?d:�b�"�M �� ^��E �� "��d�,� °m� � �� * ��,c� °° x"�'��'�� , � � � «��` c�� "��"� �« � �� ,"��;��'��"� "� �..�� '1"1 �T: ��'�"1��,��„��'"�;��,� ��r� � t)�_.i1� 1""�° f.:�l� 1�L�1� i°�i�l ' M, ,, � � ��.�� ,� �� '��`��'�`M..... Notary..k'�abl��:, ��c� �.�d 'T��w�.� This instrument was acknowledged before me on tl�e __..,..,.� �,,,.,,m day of �� ,�,b�� w , 2016, by Cynthia Hall. �� '�� "+��°""'"��, � �� " �� ^��"�' � "��'� C'� � � � � �� w � �•m "", � � � � � « � � � �, � "� ,��" t:�� "� �� ° � �"�� » �µ��w � �� 'w;�a m �; �*�� °�&��w�� ,, , � t d � � �� Notar Pub � � � �',��.�" �� d�,�� .��.��, y �lic, ��t.� of Texas �" 6 THE STATE OF TEXAS COUNTY OF DENTON This mstrum�.rs�� +��c� ��N��w��i�a�9��ei l�c�ia�� '��w �� I��. "�� "�"� �i��° ��I ��, "" �t� V �i, �� _e. � ,� �" �� " �� ,�e, � �`il.v 1��X��r.��,��l��w��d��w �..�i�y ��u��,��r,��C,��N�.��r��:.c� . �"��_.�� . � � _ �.��"��'� �� " w , � m ........... �,. ... m. _ _ , R_ Representative, on behalf of the City of Denton, Texas. o� �� ..� ,o��..� n�.. � �.�e.,o� � �� .�� pPhrpA,q M�� r� u��w � u:�u�iib�M��u�� '•.� ��,a�a=,�� u�wr��ua�� w'��°,�u �u;�d+t•b 'i : �� ^� � ,. � �� i w �� -��-�� ° � rdu�tkMw"+'� "� �� ,��' �� ,. M . .. . Wu'uWO,�NI'�VI. �� µ�� .. II�tlOI�IOWONI�' � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � ' " f � � � � �� BY: ��f��!'�,. �.��—��. �.. �_�- � �� "�::� � �� .� � � � � °"� � � �,�.�°'� �'�� ' � �� i �� -�,� ` � . ��.. �� . .�.. , �� .. � „�, � �� .�. � _ __ � ...._�.._ �....... ��.�.._ _. N�.� ��ro�•y Public, State of Texas 7 After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations�NCJ�3.4.16�PAA1\Pritchard 168338 168336 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 Michael and Tammy Pritchard ("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 25.00 acres of land, more or less, situated in the Gibson Myers Survey, Abstract No. 843 and the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed dated February 18, 1997 from Mark Gardner and wife, Marilyn Gardner to Michael P. Pritchard and wife, Tammy D. Pritchard, filed for record on February 19, 1997 and recorded in Instrument Number 97- R0010658 of the Real Property Records of Denton County, Texas. Said 25.00 acres of land, more or less, is commonly known as DCAD Property ID 168338 and DCAD PNoperty ID 168336, 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 .� � a; U:: d�� . ,�-, _. 1 ��... � �"i�'u �d :'��d� WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference 2 with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 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 of the 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. 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 Multi le Co ies. 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. +C�� ,�� a�� ,�,„�"� � �,��„�„�,��,,.��_... �Michael f�� i�x ��el � � �� ... �� .....��::� _ .... . Tammy Pritchard � THE CITY OF DENTON, TEXAS �w ��"�� µ �� ' �,�� By: � �� "��.�., �,�� .,� City 1'�� r-m ��aa�i� City (�'��i��<��-, or � Designated Representative THE STATE OF TEXAS COUNTY OF DENTON g Y l (. This instrument was acknowled ed befare me on the �b da of „_f!�1Gtic,�/lZ�� 2016, by Michael Pritchard. . im . .... u�� umoom�muww � . ,�w� ... .. ..� � oo .w� � �� u�'��i ��!�� IIW �b4��5B�,� hmw¢ vas ��q� �sn�� P �� m�PV��:� &�u��P�� " ,��' "�"�y i� �,.i+�-�� , �� u�ro ��w��w �u��u�� .��u��,H, � � � �� ` � � Notary Public State f Texas �'�w��"�di��N" � d�0.��ll,i��'��+ ��^�"�o��,r ii��"�� .,,<..�„�� ,��, �.m�. -� �v.�.«.,..�.�. �o ��w .. .. . wuw�wrcmw�rvi �muwm . u�warvu��r��aaumwn�. . THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �� day of {i�� l �" .._��.�._��.,,,_ewm,,,�� 2016, by Tammy Pritchard. i. . . m�u�awu��mim� w��ww�wm�wwa�Nmr � �� .. ��.� �� ,r,�mhu�arr�� "�i,��'� � �� .... , �� y�ll�.mu� V��II�� u� ��,� � �rr� ... ,� .e.� .. ........ ... ��o�N �� , � �,,,��,�„ ��u,�� , �„��µ�� Notary Public, State o Texas ��u� �� u'�� '��m'�� affm�m uw ��,� ��a �..w�� w�� .� . . . �OVWW'�uu �. . . . � I � lY0W�4 .. .. ��UPoMq� THE STATE OF TEXAS COUNTY OF DENTON } } This instrument was acknowledged before me on the � day of 2016, by � THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This instrument was acknowledged before me on the day of ._.m.m....... 2016, bY ................... .. . • THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas "�"1�.��r��a��o��r��vw��»��re1��rw��;��awc�' before meCon tMana er�e.. ua oC�t �%�� .' 2016, by � Y �� .� _ � ...................��.:.�„��„��'� � � ,.,�..... ,w �....��,�°�,��",.�� tY g P tY � w� " � w� Il�esignated Representative, on behalf of the City of Denton, Texas. � � � �� w�� a ��o �r . a aAA e�� :�^^6� � R'��V�°J k�ti�u�C.s"�'��Q�q o00 � u " � � �e�a �' y rk�wrm�o�:��rGsid��.o�::a•^�r�r��.a�i!�'�` �t;��, � � a.� �"� �� #":'°uu�Q�� 4 ?�r��k di�'s.�"��,.�'6V'z"� �� ,� a'�� P�m4��d�9�uaN&�th�"d��r� ' ��w w„�� i�n.��. ._��w��.ww ��w�iu�ou�mmi�w�u�w.uw��ar��m��mHi�n�uuhs� � ��i� ��n_ �� Not� ,:y Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � �� BY: 'F�'�'�� f .�;�� Y-M� � �� ,:�� ..�W� �° �, -- � �.� ��'�.,�� " ..m�"�� ^� � � ��WN� �.�� .�.�� After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations�NCJ\3.4.16�PAA1\Yarbrough et a136702 Non-annexation Agreement 2016.doc I��CEi V�� jH�c 1 I 2G16 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 Bert Yarbrough, et al ("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 the South one-half (1/2) of a 150.89 acre tract of land, more or less, situated in the Isaac McCormick Survey, Abstract No. 955, Denton County, Texas, described in that certain Warranty Deed dated January 3, 1966 from Walter B. (Bud) Wolf; Grace Yarbrough and husband, M.C. Yarbrough, Jr.; and Mabel Dickey and husband, G.C. Dickey, filed for record on January 25, 1966 and recorded in Volume 533, Page 544 of the Real Property Records of Denton County, Texas. Said South one-half (1/2) of the 150.89 acre tract of land, more or less, is commonly known as DCAD Property ID 36702. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March l, 2016; and �, �:��;a � . �P � ... P �; �, �,� �� . ��r ,,:� �� '�� !�, �;� 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�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 of the 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 VoidwwinwPart; Voluntar� Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this Agreement. � Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. 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. 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. C��rs � �� '� � �;, � , � � �� , � � � �' �� ,� � ,, . .W B �� Y�rl�m•��a�a�;1��` �� mw 5 , � �� , � , � �� THE CITY OF DENTON, TEXAS � �� " ,� � �, �� °�� rv��_. By: �� '� �,� �� ..� City I'�� e;�, .�� City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �C-� day of �,Q.n.t.h � l V .._� __�s 2016, by Bert Yarbrough. . �� u� �� ,�� .ti �„, � � � � ��u�� m�� '� ,��I �a Ilwp�vlly,";�P�41I�°Y�I�,li6dd:'� �,��a"7Prv', �,'�V' ��r'�Wlli",.�� uu� y � . �d w�s,. �,.otl�'��' II �� ;��' ��U W � � u u uo'�u"ur u u�� i � ' `� ��R�V�u�mu'�*�� '��'�@�� o� ��.mm ��'� �� THE STATE OF TEXAS COUNTY OF DENTON �� .�,. � � � Cc.+,�.ra-h Notary Public, `�i�� of Texas This instrument was acknowl�;:dged before me on the �� day of e,,,��t Z�� ,, 2016,by� yarbr`oa� �c.i�lwf'tr_ �� L " "" �w��"� 8 ��':� ., , � � �� ° 4 P� a'Ihu:��u V ��u�da'��; ^wV�G� u':,711 N��, � � �jJ/r � � �...�..�� .�..... _.�.. � � ��, iv�:��uuvn �u,�4u� m �il��'�' ��:PV��m . ,, � �K ,��:k �� ,� �� i � Notary Public, �l�rt� of Texas �w ��. ,, u.« u�.. �,� wa w�remw��mm��➢'Nr��mwm THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 2016, by THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This instrument was acknowledged befare me on the IT� day of 2016, by --- . THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas �6�M... �° � ��"��r�uit� w�r�;� ^ �;'l�:m��rr�l��ttl �a��+�� t��, ,.��``� �< c�� C'�.� '�.� ..� ��11�� k�y� � � ➢ �a� ��tt�� .�� w.��..�� ' �.�._........_� City Manager/Deputy (:"��t� �;��°��`��i��c�� Representative, on behalf of the City of Denton, Texas. !W iWtw.w.wu!W�m WNWwxnw,��N �ub6i� m&w W�w waNW9 r� �A .�al:.�+�, pp�o Olwu �� . . . a�rr�� 1�+f�lh 6:'o f"htr 6P�"�.l�l�"�SiP�4 A � Pd�f11F�1E1 i�'Gd4S!!f yl,^�'}ti r11 1�.}�F+4�° ' I �p� � a,. i �,w �r` ti (9C��V�r�, r �tl' Ou'l..a}i �f�"��i� �,.a4 ��ti.%�c"4G�4`4C.1f�x.:�1"In."4�d 9ouo�o ��,., � Vu � ,...��piu�iW'�'� uomr�P�N�nwow;mrw��M�arm�,.�, �..,n � .,.�.. � �'uau��ovm�uwmm�m,�*rur�w n:n�.Nnw' w�mo��wrm�o ' � .�, �. � ...m .. ��.�:::m� �� J� I" � . y� �� " ' N�� Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � � ��r�� " d.,/ �� „ �4 � �w ?�_.� „ �„�� "�:� � ° ��"� �� r + �' � ��m�� f I i� �" � h..�""� � �.w�� ,� ��.� � , y � s '� � ✓ i�� . �� ,� � �,�P��.. After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations�NCJ�3.4.16�PAA1\Yarbrough et a137080 37077 Non-annexation Agreement 2016.doc �� W�°'! � � � �'� IP� IP�� "IC�� 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 Bert Yarbrough, et al ("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 152 acres of land, more or less, situated in the Ann E. Mays Survey, Abstract No. 844, Denton County, Texas, described in Tract 1 of that certain Settlement Agreement dated September 12, 2000 by and between Jeraldine Covington, as Personal Representative of the Estate of Mabel W. Dickey, Deceased, Jeraldine Covington, James Covington, Bert E. Yarbrough and Betty Schluter, filed for record on September 12, 2001 and recorded in Volume 4920, Page 3183 of the Real Property Records of Denton County, Texas. Said 152 acres of land, more or less, is commonly known as DCAD Property ID 37080 and DCAD Property ID 37077, 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 i"� � ... � �^� .... 'il a'� II ° w:�� "u : � �'� �;;; d I i d � ...,.,� �� , ��. ,... ��.�� WHEREAS, the Extended NAA executed by City and Owners expired on March l, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in 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 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 of the 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. ��.�r��r��c��w Plan to Remain in l��"�'�"��:�. 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. 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. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners � �� `� � �,„. .� ��"� � ,� a�� ,I �� ' I��r� �"��°l��•��.� �J � � ��w 5 � � � !%�L.� . � . � �� _ ��.� ............. . .. � . � ........ �'��.� � � ....... �mm� ....�.�...�.��. i��t � Y��~ �wca �� Schluter THE CITY OF DENTON, TEXAS �� '� � �� By � � ,� � � �� . . . � . � �. City �'1��, ��at� City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �� day of (nCtX� Z�l L, 2016, by Bert Yarbrough. � �� .�. �� ry � �mzo�r �m�,�'��'� � �� m� �I�� . . � I �. � �'��,„ �a ��a:n�u�u�+�"u�N;:n�� a:��, �,� ��w:�,n w �"� F a ��u��rrn ��dwd�� uP7 ��UII�� w� �°� `e�� ' �� u�� u m �� J $Y4 4 „:.+....�.�,��, �.,..� �� wh�� i r wwuM.m XIM�. Iryryl . Y•• . . . ��W�i... THE STATE OF TEXAS COUNTY OF DENTON "� �t� � Nota 1�r��li�� e 1' T... � ...... ........... �.�_. � �� , ry �,, State�r exas This instrum�nt was acknowledged before me on the , �ww�wwwwwwwwwww_, day of�;U�� o, 2016, by Betty YarbroughSchluter. � � � �� . Aa�m�m��ro� �� ^��""�� '�I�r"�"��'�� ' � �N ��i ��.�'V�� V"'�,nu�YO'��u �A�'��'G�' �� I�'�'�n'!�� I - : �' .+ ,,,,e„�„ , . . �...______ __.._________________.._. �� '"� �� a-nuu��u ��ii�� u�� i�mo��,� NotaryPub ic Stateo Texas � �,��"�d�� :°� ��m°�m�iii� � �� m� �� « soo�� .�� THE STATE OF TEXAS COUNTY OF DENTON } This instrument was acknowledged before me on the day of � w� m m m m m m , 2016, bY � .......�,.....�___ • Notary..Public,...State of.Texas � m F ��."._m.........,� ................... THE STATE OF TEXAS COUNTY OF DENTON } } This instrument was acknowledged before me on the mm_IT�_IT�m day of 2016, bY .............� ..�___ THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This mstrument wr��s ��wi�,c�� before me on the �mmmm��"�"�,� day of � �, � 2016, by � �° City Manager/Deputy City C� ��<��;�T1T:��,:«w��z<�tc;�c! �� '�� .� ��"�� . �.. m. �� Representative, on behalf of the City of Denton, Texas, R �roro �'n ,�.N NW wvuwl ��uN P GP'm'r �!� �. �wu✓aA �Pow �tivh'a'�nwni ki�n � i�,`�mi,� bt�ti"�� u';: �`Iq" 1V��4$��ma��4�,� ., ��;I�, R��r;�s�i��rxfi��b�[g,,.�i�M°��r.€�� i ��h�ti� � � �� fi�.��,�. � ��i� �w��.�� n� � �. �,� ' o- � � m r�a u ��a.I+iDli�h,�Ni"1Pd�rt��a��a �... � �,umw�+� ww,m w�a��u�uu�m:*�a��uwo,+�m�ivaw,c��we�mraa��uu�uw��ixr�o-��N� � �,„,�, � �-� ��P u,,,�� ° � Not�� Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � r �� BY. �"m� ,,,�;'�� „� ,��M ' ��,�� ,,,��„�� 1 ��°�� "..� �"w� � �� . � � �... . � . ��.�� ,.�� _ ��,_ � � ��' �� „� � �~ � �� , ...�� ;F�.,rt. After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations�NCJ\3.4.16�PAA1\Yarbrough et a136705 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 Bert Yarbrough, et al ("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 the North one-half (1/2) of the 150.89 acre tract of land, more or less, situated in the Isaac McCormick Survey, Abstract No. 955, Denton County, Texas, described in Tract 2 of that certain Settlement Agreement dated September 12, 2000 by and between Jeraldine Covington, as Personal Representative of the Estate of Mabel W. Dickey, Deceased, Jeraldine Covington, James Covington, Bert E. Yarbrough and Betty Schluter, filed for record on September 12, 2001 and recorded in Volume 4920, Page 3183 of the Real Property Records of Denton County, Texas. Said North one-half (1/2) of the 150.89 acre tract of land, more or less, is commonly known as DCAD Property ID 36705. 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 � Ty. �,,I Y � M::� — � �'p �" f. p r m r ,"',i I � ' I,,i �'I �.� WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference 2 with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; £ 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 of the 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. I��v�l� ,wra�er�� Plan ��a R�rra�,in ata,�F�ffectm, Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; Voluntarv Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter,the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this Agreement. 0 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. 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. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners �'' ti;� �� f � �,;"�� '" � �� __ ... m_,��.�,,,,�� .��.�� ' �r � �' �� 1� P �.�.� ffiI� ' i.. s +� pN. • � � �:� � �, �i.� � _�.,.m,, ,.,� . THE CITY OF DENTON, TEXAS B �� "� �� . �� "' �.�� Ci , 1�°1a��.rM I�� Cit... . �� a� or �� h' � � � Y � � Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �( _ day of ��.��. �� _, 2016, by Bert Yarbrough. � �.�v� �� ,�� ;' g° � � ��v ��u��+�u��.� _... �'� ��,��avPt:su'�aV"�uil�V��' ��'O��d�,u��P'�'��rn �� "" � ��'4'��W��u ��rv��wVp�',P� �'lU��tl�'' �� ta m � � p q �' 'u �" �� u��'��w v,��w *` ° � ��.�_ w� " � THE STATE OF TEXAS COUNTY OF DENTON �N�„. ��nnnnnnn...m...._ Notary Public, State ��1 � ��exas This instrument was acknowledged before me on the I�Q day of !YI�CII�_ ��(p , 2016, by ��rl� ra usa �� I �tfP�". / ` � ��. � ��.. �� ti u��w�� a� ��u�� u� ��n , ° ., � �� ,� ��riu��r��w�.u� �id'—�u�u�u��ll��^ n�� u�*�� a �V� �W�.""�� auu n��' ��u��il��@�� °�'��"'��'W'� �^ �a� , ti .� � , „� v��, �� G,��—� ..... ...............................................� Notary Public, State of Texas i� THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the , day of 2016, bY . ��_�� ..�.�_...........�.�.: � Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of �......... ... ... , 2016, bY .....................�..�......_ ....w .......................................................................................................��m.m.m.m,,,,m.m..�.,.._..m..m..m..m.,.......................... Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON his rma�i� � � dged before me�on thMa .a� e� day of �� ' n�il� , 2016, by .�� ..... ra��a��wG�� acknowle _ .... .�m,,,_.,p De u Cit 1VI�.. er/Desi nated .... � ��.��°�:�� .� �� ' g p tY Y g g Representative, on behalf of the City of Denton, Texas. :�p� .. , .,e. , _.. .. . m.�,..., , � ._.�,��m �� o�� w �a��,"�� C�9 P ,N�pG� IB��NC��dr�9`�f � ro (�„ ,IN4Y"PB�fl��rq��gn,�u�C�R aYF�4�1^�.�bl h4,,�dr:i`� � � a , , �.�� ' � y„ �'�1C�R�� G�s�Cu ��C„��a� �'4k7N �R �;�� C,�4�u1��6F'�`P�IN�n�r�w��"k�� YI�I�i �iM'�� IW�'+'�"!�X�Wrrl,l^i�o^ai��muutiM�.vNi NIY�Jw�rv�pNNum;MMC�b'N�^%'oo0ryl00Pu!i'uwk�Wlluf1��W1'Wl�h'N.iIW�'10'�oottt?NRh+�� , �� , �� ........� . � .... � �-- .°� ._ �.,�m � � � .... ..... �' Not��•� �ublic, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � '"y � . �� v: d �aw "",� BY � � ;��"��a � �� ,.�:�.� ..'��_� ° �,,�` � �'�� ' _�°�°'�` , �� "�� , ��._�.. � �� .��..� �� ,�� "�� °�� ,,� �.. After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning\Annexations�2016 Annexations�NCJ\3.4.16�PAA1\Yarbrough Schluter 36699 Non-annexation Agreement 2016.doc RECEIVED �AR1% 20�G 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 Bert Yarbrough and Betty Yarbrough Schluter ("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 9.14 acres of land, more or less, situated in the I. McCormick Survey, Abstract No. 955, Denton County, Texas, and being more fully described in that certain Quit Claim Deed dated March 20, 2008 from Eagle Oil & Gas Co. to Bert Yarbrough and Betty Yarbrough Schluter, filed for record on March 28, 2008 and recorded in Instrument Number 2008-57703 of the Real Property Records of Denton County, Texas. Said 9.14 acres of land, more or less, is commonly known as DCAD Property ID 36699. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the Cit notice of its intent to institute annexation proceedings in 2010 and "Annexation Area" that includes the above-described Property which w provisions of §43.035, Tex. Loc. Gov't Code; and y had previously given again in 2016 for an as and is subject to the 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 � ��, �� ::i� , �, � � �, � � , w��,�� . . � .... g, � tl �: , J_ „� �.� 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 of the 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. Develo�ment 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�Voluntar� Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this Agreement. 0 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. (�vw��s� �a � � � �� .y �"� � ��' .�.,� , � _ �,,�� .�� ,��1 Y��•1��°��r �l.w ' r. 5 THE CITY OF DENTON, TEXAS ��„�^�`� ��^�"�� ' � �� $ �� C ty f'�l��r��;��, 1��t�! City �� r,.or..w„�,,.. Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 1�P day of mCIJLt� ZO � t0 , 2016, by Bert Yarbrough. i � � �� o�,� � ��. � e�u�,� � ��m�N� ��ri� ��._ �. r q,� �� i� � n�� I�a��tlw�u�� R� �� v�� ' � � � � � a°� � r �. �.� w r�� `�"" riid aa�,�",� � �'��P��I�' ��' � �� armuro � „ � � �� THE STATE OF TEXAS COUNTY OF DENTON �°"°. �,�� m. Notary �'�m �Ir'.�, State �at`Texas This instrument was acknowledged before me on the ��P day of (�� Z01 � � ��.�.�.�� 2016, by rv � .scti. � u-�"��- v��, � ��U�,mW� � .w �..� .� �.�� ..o�� ,� .. °, u� ��o�� m� � � • �c'. � � ^m Vwyru��H�y� �`��.pll m�ur��°�� V'�mV�^ u�u�"��!��a�� ,��:��. ��y�� i�� "tl° Uw ^�� V��o�� '� � ��i�"�w�� m � , ��o�� o: �� M�� -�-� �-�"`� Notary Public, State of Texas 0 THE STATE OF TEXAS COUNTY OF DENTON } } This instrument was acknowledged before me on the day of 2016, bY .. ..............��_........................ • THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This instrument was acknowledged before me on the 4 day of 2016� bY ....................�W�W.,_..�..�..�..�w THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas �� me on the _www_�'w�"��mmmmm_ day of �, �`��.�� '� � 2016, by �' � ��,��a��ledg�d before City Manager/Deputy Caly 1'�:��a�ry�;��l��esignated � __..........._�t�� mstrument . � �� .... Representative, on behalf of the City of Denton, Texas. � �� , �, � �, �� ,, � "��"°, h��P��ti� � C��"P49�a�ii)°��p�l L� � " � e°°� .W °ro �� a- 9�C91'�m'�9''"u°9+�xf�lY4.�,r�l�tiil� �JC til � ' � � �'"" „�^� ¢ ��'l,�ll'ts1 f �?V" ��f� �� b9� �� " ,�G �u � ��u�sP�u��,� II�� f��"ui�� N c+��a!^�wtl�+�v�rorvs��'ma��d;a�wuuu ��u�um�u�tawvu�x�u��w,�im muu,^��+m;�mu � m � �. ,� � � P b� � � �� ° d --��.w___------ _. Not�� lic, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � w� BY'� ��;, .� .�� n�� „ ��, ��:� �._* __��_ �'� �. ��p.�� , �� . �„� �� d��,�� ° � � t�� r.�� .,.� After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 RECEIVED MAR 17 Z016 S:\Planning\Annexations\2016 Annexations\NCJ\3.4,16\PAA1\Pulnam LivingTrust 17h339 Non-annexation Agreemen[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 Michael Bruce & Donna Putnam Revocable Living Trust ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being ] 0.00 acres of land, more or less, situated in the Gibson Myers Survey, Abstract No. 843 and the A. Miller Survey, Abstract No. 887, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated May l0, 1994 from Eagle Farms, Inc. and John Porter Auto Sales, Inc. to Bruce Putnam and wife, Donna Putnam, filed for record on May 17, 1994 and recorded in Instrument Number 94- R0040313 of the Real Property Records of Denton County, Texas. Said l 0.000 acres of land, more or less, is commonly known as DCAD Properly ID 174339. 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 .m M� �� , � �� _w � � � i,u , . '� � � � �� V u � �.� , d " �' � I''°� I� � u �� . ��°�,", �w� WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allaw the Property to rerrrain in the City's extraterritorial jurisdictian ("ETJ") far 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 acknawledge 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 Praperty may be annexed upon the City's institution af 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 nat to develop the Praperty during the term af 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 ofi the Agreement; WHEREAS, this Agreement is ta be recorded in the Real Property Records af Denton Caunty, Texas; NOW, THEREFORE, in consideratian of the mutual cavenants contained herein, the Parties hereta agree as fallows: Section 1. Continuation of ETJ Status. The City guarantees the cantinuation of the extraterr►tar►al status af the Property and agrees not ta annex the Praperty for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upan by the Parties, subject, however, to the pravisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term af this Agreement and any extensians agreed ta 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, prov►ded that no single-fam►ly 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 ta the City far division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, far the purpases set forth ►n this section withaut being in violatian of this Agreement. Such uses and activities constitute the develapment plan for the Property ►n satisfaction of Tex. Lac. Gov't Cade section 212.172(b). Sectian 3. Governin� Re�ulatians. The fallowing City regulations shall apply to any development of the Praperty, as may hereafter be amended from time to time during the term of this Agreement, pravided that the application of such regulations daes not result in interference 2 with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the cantinuation of a use established prior to the effective date of this Agreement and which remains lawfui at the time the Agreement is executed: (1} Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant ta the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regu(ations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Develapment 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 Specifcations 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, bath 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 amendirrents; d. International Plumbing Code, 2012 Edition with local amendments; e. Internatianal 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. Nationa! Electric Safety Code, 2012 Edition, with regional amendments; k, Minimum hausing 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 of the Denton Code of Ordinances, as amended; � � + � . � . , r . . . - • . , • • • . � � . ♦ � . . • . . . •' ' . ' �' . • ' 1' # / - , ! #' � ' � ; * � . � • •. : � ' �'�. . .. � . • � • �, ��.' �� :. � . 1 ' 1 / ��. . . � ... � ' �. . ' , " � `�.. � ' � �. �'�. f�. � ... . .. ., �; � ��. � " � ' ��. � � �� • , _ . ., � � . ' ' -. .. ,. . � # �.. � . �.,# .,�, . � • "� � " ��" � � ��' �' �. ' . #�. 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 Cade, 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 ofthe l 80-day period during which the Development Plan is in effect. Section 5. A�reement Deeined 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 Praperty pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing valuntary 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 sha(I not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner �uaives 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. Terin__and,mExtension. Unless extended by mutual agreement of the Parties, this Agree�nent 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 l4. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section 5B, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners �9� m �� r ' �� , ��,.� � �� ..� � ��.d� � � � _ � �.�� .. w,rt � _ ..._� _. — _ __,�_,,��en Bruce Putnam E � � � �, � � ::d� a �� . "�� ' ��. � � �+ � . . -- , � �, -- I��,I�r��r�� _ � � � � � ,�': � � �� ^ � � �'��'" "� ... � ��. � ,a. , m, �,� �. °� � ,g� w.,,,._x: ,'; �-" Fl `� ��. � "�� ,� �, � ,., �; �� ...,,,_ � �,��- �, �,.,r. .� � THE CITY OF DENTON, TEXAS ��.u;, �� .,.„� Y � � - �� ,� � � � "� � �^ � �� Cit � �� "° � �� .�,... y,.,.�� °, � c��4y C'�ity �� a�a��ti��•, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON } This instrument was acknowledged before me on the �,,, '�� M day of �i� �� ' ��, ��,,, CA '��,o�.��«.�.,.�a��.�., � � , � � � _, ,_ 201�� Bruce Putnam � � w 4XNIIMY y�, Notar �� My�..��ROI�Bg a$ Ex�p esa9 � y�Public State o� w � � � � � � � �U � � � � W ,�„� � � , ,� Notar Publ � ..._,w � �� M � ��,� �w�a,w� ��II 30; ��Y 0 � f Texas �' �� e .�e . COUNTY OF DENTON } This instrument was acknowledged before me on the ��" � w �� ,�� day of �m � � � �.��,, M � .M 2016, by Donna Putnam. w;��a,� n�_�� .�� ::�.�.�� .�. ��.�'�� '�� ,�- �" � m � � � � � � �w �„��,. �+��°�"��"�, � CAROL BRASHIER Notar Public, State � � _ �� ^�' � �^� Notary Pubtic, Stofe of iexas Y f Texas � *�*� ; �N�;�' My Commisslon Explres ,�,s¢�W Aprll 30, 2016 6 THE STATE OF TEXAS COUNTY OF DENTON f� } This instrument was acknowledged before me on the _.,,,_, W„m ,_ day of 2016, bY _... _....... THE STATE OF TEXAS COUNTY OF DENTON } Notary Public, State of Texas This instrument was acknowledged before me on the day of 2016, by . Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON � � r�r�� a�,l��dp��l before d�'a� ty�d i�� µ'��,� � , �Bu�y +.�i �.�� _ _� ��Y1%„ �.�� :�`��,r��°�,,,.��"�l�'��'��"� �, C"pG� C�9 t��,�r�/f��da�uay� � ot�+ f�1Kz��Y,�a�fl::�c.z��,a�QaRc�c� Representative, on behalf of the City of Denton, Texas. ��i��Nu.� .,��u��lllll .� II' Illul NOIIOP I�W� N��.�� ,�Mp,uro@Pab�� aJi u'IW V'N.A�IIp�"'&A"�W�9�I"��yN'q��m�• � n��,��" �. �� wf��uw "' .'�'tl�.�.�aP�'llr II �� Q�'*� �� °NN" � � �i�d ur �., �� ,a� ��,�sm ��. �� i�"M^�Il�i�d��.� � H� � � aatwadCv�"� �'v�iP �'�� wB"�� ..,�w�� .�.��d�� ,��,��e�� M�� . ��; � � . �m��m�� .��.w� � . �� "��_._.. ��;. �w=��__._�.,�� N�l�� Public, State of Texas % APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � �' ��^� � ��...� �� r �� ,� �� ,,. � �� BY � ° �a � �� , � �� "`� , � � �d�� a�� .�r� �� .,��.�,��, � ��, � �� After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 s:\planning\annexati�ns\2076 an�rexationstncj\3.4.16\paal\estate mf'sue hall allen 537275 dc 537276 corcected non-annexatian agreernent extension.doc a.,,�, W� v �-' V V W"" ��°� �� Y'Y � p , y y;'".'p. .. � V V� i.o �, p. '� ,„� � ,.�� CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON-ANNEXATION EXTENSION 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 The Estate of Sue Hall Allen, Deceased ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 10.00 acres of land, more or less, situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas, more fully described in Tract One of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Sue Hall Allen, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63255 of the Real Property Records of Denton County, Texas. Said 10.00 acre tract of land is commonly known as DCAD Property ID 537275. Being 22.15 acres of land, more or less, situated in the S.C. Wright Survey, Abstract No. 1366, Denton County, Texas, more fully described in Tract Two of that Special Warranty Deed dated June 4, 2012, from The William T. Hall, Jr. and Dorothy B. Hall Revocable Living Trust and The W.T. Hall, Jr. Share B Trust to Sue Hall Allen, filed for record on June 13, 2012 and recorded in Instrument Number 2012-63255 of the Real Property Records of Denton County, Texas. Said 22.15 acre tract of land is commonly known as DCAD Property ID 537276. RECITALS WHEREAS, the City had previously given notice of its intent to institute annexation proceedings in 2010 for an "Annexation Area" that includes the above-described Property, in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, the Property was previously determined to be subject to the provisions of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered, and Owners accepted, a non-annexation development agreement contemplated by that section (hereinafter, the "2010 NAA"), in lieu of the City's annexation in 2010 of all land in the Annexation Area not otherwise excluded by operation of that statutory provision; and WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code; and WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby offers to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this updated 2014 non-annexation extension agreement (hereinafter, the "2014 NAA" or "Agreement"), which supersedes and replaces the 2010 NAA previously executed by the Parties for all purposes; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as set forth herein; 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, 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, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 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 Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. 2 The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. 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 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 Denton Plan, 1999-2020, 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 North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, October 2004 edition (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2009 Edition with local amendments; b. International Residential Code, 2009 Edition with Appendix G and local amendments; c. The International Fire Code, 2009 Edition with local amendments; d. International Plumbing Code, 2009 Edition with local amendments; e. International Fuel Gas Code, 2009 Edition with local amendments; f. International Mechanical Code, 2009 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, 2011 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 of the 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 §35.16.19 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 frst occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be 4 deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this Agreement. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and _Extens„imon. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on March 1, 2016. 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 Sect�on SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. 5 Owners: Estate of Sue Hall Allen, Deceased ` _�:_ , �" William Allen, E � xecutor THE CITY OF DENTON, TEXAS � � �� ,m,,..� B �� '� � Y" � � m. , � _.��._. ......a... � ,�......._��._�.�.� ._.m_ City &��a�M��a°; Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON } � „ � °f ......IT...� the Estate of Sue Hall Allen, T.�a,�s:;��„w y —�� This instrument was acknowled ed before me on the da � , �� "�"'�� '" ATHEN�A S GREEN ��ww�,+r � *"'""� � � �"" �datr�wy Public, Stete of T�sa�s �"��M �� Comm. Expires 11-22-2019 �� .ct ' , .. l I � I I � ,N. � �.. _ . _— �.—.... � . �— �......�..��.. ��w,�r� �N�f�� ID 128809221 � � ,�,, ;�� ' Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of ___ mmw_m, 2014, by _ m __. * the ___ � of the Estate of Sue Hall Allen, -- Deceased. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON } } . day of This instrument was acknowledged before me on the ,,,,W,_ W^_ A , 2014 b .. ---- .... � the . _._._._._ of the Estate . �_�...�,.�. .�..... . , y of Sue Hall Allen, Deceased. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of , 2014, by � m,_ , the „_ of the Estate of Sue Hall Allen, _, ... Deceased. THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas '� _� � .� ft� �� C�� " _. � _��"�� _�" ��'�ar� t�� a� ��1�� c3a� ��d� ��'��,��".�� r ��"�'r��C.�„ �v� �� r�,�w� ,�. �_ � � �'it 1��1<�a��b ��all��,��1 4"ir�� 1��a��wl��r��a�t�a:re�. R epresentative, on behalf of the City of Denton, Texas. uw u�ru� �� waiw� oimmu �mmim w:mm �ur��a.�u�un� u�u mm�r�m �mu q�rB�iv,�� b��4�� , �"'u��1Y �Gr��4��.�.rv�"k��ww *�, mm r i�,� � �� T I�r�"��R�a° A��IC'M1P..4u" �� CU� �� r��iy� � � �� « �� % Q":�;�A�fii��i �i'.�`�' 6��u �"� ,d�'��D"9°�" °�^""� 4�&��ti��'�flllU�'a�"a�m�� liN 4 �«YNWW WW@,WI'�':�OMm01�MWI�UNJu➢OOOONmNW91'M'i��" �. W�➢1➢lV!4w'uuWUIiI�Ni�UwIVGdttPo'�l��m��. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �� ,.� � BY• .�� w ...��m ��" _;�� ^ �� `��'��. ... ✓"..,. ----- N��t�tr Public, State of Texas 7 After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201