2016-118* + ,
� 1 * ':
AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE NON-ANNEXATION
AGREEMENT(S) FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND
USE PROPERTIES WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE
EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED
AS PAA2, AN AREA OF APPROXIMATELY 1,472 ACRES LOCATED ON THE SOUTH
SIDE OF FM 1173, NORTH W. UNIVERSITY DRIVE, WEST OF I-35; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, pursuant to Section 43.061, Subchapter C-1, Texas Local Government
Code, a home rule city is authorized to annex certain areas that are not required to be in an
annexation plan; and
WHEREAS, in 2010 and 2015, the City annexed portions of the area known as PAA2, an
area of land which abuts and is adjacent to the existing corporate limits of the City of Denton,
Texas, and is more particularly described in Exhibit A and generally depicted in the map
attached as Exhibit B. both af which are attached hereto and incorporated herein; and
WHEREAS, Section 43.035, Subchapter B, Tex. Loc. Gov't Code requires the City to
make offers of non-annexation development agreements to the owners of all properties in the
subject area which have been appraised for ad valorem tax purposes as land for agricultural,
wildlife management or timberland within the area to be annexed; and
WHEREAS, under a non-annexation agreement pursuant to Sec. 43.035 and 212.172 of
the Tex. Loc. Gov't Code, the land subject to the agreement retains its extraterritorial status and
the owners of such land must abide by the City's development regulations as if such land were
within the City limits, as provided further in such agreement; and
WHEREAS, the City has previously offered said non-annexation agreement(s) to
owner(s) of eligible property within the subject area, in approximately 2010� and 2015, and now
desires to offer new non-annexation agreement(s) to owner(s) of eligible property in the area for
an additional five (5) year term in light of the growth of the Denton area, the need to assure
orderly growth, and the inadequate land area currently within the Denton city limits; and
WHEREAS, the owner(s) of some eligible properties within the subject area accepted the
City's offer of new non-annexation agreement(s), where other owner(s) either did not accept the
offer within the time prescribed, or the properties otherwise became ineligible for such
agreement and are therefore set to be annexed within the time allowed by law; and
WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of
the City of Denton to enter into such non-annexation agreement(s) with eligible property
owner(s) in the subject area, who timely submitted non-annexation agreement(s); NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
s:\legal\our documents\ordinances\16\paa2 accepting non annexation agreements.doc
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The City hereby accepts the non-annexation agreement(s) relating to
eligible properties within the subject area identified as PAA2, as described and depicted in
Exhibits A and B, which have been properly executed by the owner(s) of those properties (or that
property) and which have legally sufficient property description(s), are hereby approved by the
City of Denton and are attached hereto and incorporated herein by reference as Exhibit C.
SECTION 3. The City Manager is authorized and directed to sign the non-annexation
agreement(s) contained within Exhibit C for and on behalf of the City of Denton as a ministerial
act, but with an effective date of this Council's action on same. The City Manager shall further
arrange forthwith for the recordation of the non-annexation agreement(s) in the real property
records of Denton County, Texas.
SECTION 4. Should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
SECTION_5. This Ordinance shall take effect immediately on its passage,
' � ���'� m 2016.
Passed by the City Council this da of �. ____ ,
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CHRIS WATTS, �����"��R ��.�. ��" ...� . .............
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
�1�1'l�(��"1-;1�.:� A�""'"�O LEGAL FORM:
,r'1�J1"l"� BURGESS, CITY ATTORNEY
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BY �,��� %";ir�, � �"� � � ^ ��`,�^,;�-�' ��... � �' �� �. � ��` �..�a' ,� U„�
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Page 2
EXHIBIT "A"
PAA2
BEGINNING at point on the present Denton city limit line, being the northwest comer of a tract
described in annexation Ordinance 2007-268, and further described in said ordinance as a right-
of-way marker post for a comer in the south line of Farm-to-Market 1173 and in the east line of
the Gulf, Colorado and Santa Fe Railroad Company right-of-way;
THENCE South 22° 46' 21" East, along the present Denton city limit line as established and
described in Ordinance 2007-268 and along the east line of the Gulf, Colorado and Santa Fe
Railroad Company right-of-way a distance of 1,860.04 feet to a point for a comer, said point
being the southwest comer of the tract described in said Ordinance 2007-268;
THENCE South 88° 58' O1" East along the present Denton city limit line as established,
described and depicted in Ordinance 2007-268 (Exhibit A and Exhibit A-3 therein) a total
distance of3,41 I feet to a point for a comer, said point being the southeast comer of the tract
depicted in Ordinance 2007-268 (Exhibit A-3) and said point also lying on the a westerly line of
a City of Denton annexation tract established and described in Ordinance 1969-40 (Tract VI);
THENCE South 02° 57' East, parallel to and 500 feet west of the center line of Interstate
Highway 35, same being the present Denton city limit line established and described in
Ordinance 1969-40 (Tract VI), a distance of 1,103 feet to a point for comer, said point lying on
the most northerly north line of a City of Denton annexation tract described in Ordinance 1965-
43 (Tract V);
THENCE West along the present Denton city limit line as established and described in
Ordinance 1965-43 (Tract V) a distance of 244 feet to a point for a comer, said point being the
most northerly northwest of said City of Denton annexation tract established and described in
Ordinance 1965-43 (Tract V);
THENCE South along the present Denton city limit line as established and described in
Ordinance 1965-43 (Tract V), being 600 feet from and parallel with the West right-of-way line
of Interstate Highway 35, a distance of I,860 feet to a point for a comer, said point being the
northeast comer of a City of Denton annexation tract established and described in Ordinance
1985-31;
THENCE North 89° 51' 30" West along the present Denton city limit line as established and
described in Ordinance 1985-31 a distance of 1,961.87 feet to a point for a comer;
THENCE South 00° 54' 39" East continuing along the present Denton city limit line as
established and described in Ordinance 1985-31 a distance of 1,165.47 feet to a point for a
comer;
THENCE Southeasterly continuing along the present Denton city limit line as established and
described in Ordinance 1985-31 and along a curve to the left on the east right-of-way line of the
A T& S R Railroad an arc distance of 1,324.91 feet as described in Ordinance 85-31 to a point
for comer;
THENCE Southeasterly continuing along the present Denton city limit line as established and
described in Ordinance 1985-31 and along a curve to the left on the east right-of-way line of the
A T& S R Railroad an arc distance ofL54.27 feet as described in Ordinance 85-31 to a point for
comer;
THENCE South 33° 02' $ast continuing along the present Denton city limit line as established
and described in Ordinance 1985-31 and along the east right-of-way line of the A T& S R
Railroad distance of 94.68 feet, as described in Ordinance 85-31, to a point for comer, said point
lying on the most westerly north line of a City of Denton annexation tract described in Ordinance
1965-43 (Tract V);
THENCE West continuing along the present Denton city limit line as established and described
in Ordinance 1965-43 (Tract V) a distance of 119.22 feet to a point for comer, said point being
on the west right-of-way line of the A T& S R Railroad and being the most westerly northwest
comer of said annexation tract described in Ordinance 1965-43 (Tract V);
THENCE Southeasterly continuing along the present Denton city limit line as established and
described in Ordinance 1965-43 (Tract V) and along the west right-of-way line of the AT & S R
Railroad a distance of490 feet to a point for comer, said point being the northeast comer of a
City of Denton annexation tract established and described by Ordinance 1970-34;
THENCE South 89° 09' West continuing along the present Denton city limit line as established
and described in annexation Ordinance 1970-34 a distance of2,612.8 feet to a point for comer,
said point being the northwest comer of said tract described in annexation Ordinance 1970-34;
THENCE South 00° 42' 30" East continuing along the present Denton city limit line as
established and described in annexation Ordinance 1970-34 a distance of2,680 feet to a point for
comer, said point being the most westerly northeast comer of a City of Denton annexation tract
established and described by Ordinance 1969-40 (Tract VII);
THENCE North 88° 50' West continuing along the present Denton city limit line as established
and described in annexation Ordinance 1969-40 (Tract VII) a distance of 1,478 feet to a point for
comer, said point being the most southerly southeast comer of a City of Denton annexation tract
established and described by Ordinance 2006-364 and also lying on the east line of Masch
Branch Road;
THENCE North continuing along the present Denton city limit line as established and described
in annexation Ordinance 2006-364 and along the east line of Masch Branch Road a distance of
2,603 feet to a point for comer, said point being the northeast comer of said Ordinance 2006-364
annexation tract;
THENCE North 89° 48' 00" West continuing along the present Denton city limit line as
established and described in annexation Ordinance 2006-364 a distance of50 feet to the west
right-of-way line of Masch Branch Road to a point for comer, said point also being the southeast
comer of a City of Denton annexation tract established and described by Ordinance 2007-76;
THENCE North continuing along the present Denton city limit line as established and described
in annexation Ordinance 2007-76 and along the west right-of-way line of Masch Branch Road a
distance of835.54 feet to a point for comer;
THENCE North 44° 57' 37" West continuing along the present Denton city limit line as
established and described in annexation Ordinance 2007-76 and along a right-of-way flare of
Masch Branch Road a distance of70.76 feet to a point for comer;
THENCE North 89° 55' 14" West continuing along the present Denton city limit line as
established and described in annexation Ordinance 2007-76 and along the south right-of-way line
of Masch Branch Road a distance of854.47 feet to a point for comer;
THENCE South continuing along the present Denton city limit line as established and described
in annexation Ordinance 2007-76 a distance of883.64 feet to a point for comer, said point being
the northwest comer of a City of Denton annexation tract established and described by Ordinance
2006-364;
THENCE South continuing along the present Denton city limit line as established and described
in annexation Ordinance 2006-364 a distance of 1,371.66 feet to a point for comer, said point
being the southwest comer of a City of Denton annexation tract established and described by
Ordinance 2006-364 and also lying on the north line of a City of Denton annexation tract
established and described by Ordinance 1986-23;
THENCE South 89° 02' 33" West continuing along the present Denton city limit line as
established and described in annexation Ordinance 1986-23 a distance of 1,168 feet to a point for
comer, said point being the northwest comer of said Ordinance 1986-23 annexation tract;
THENCE South 00° 49' 16" East continuing along the present Denton city limit line as
established and described in annexation Ordinance 1986-23 a distance of 969.60 feet to a point
for comer, said point being the southwest comer of said Ordinance 1986-23 annexation tract and
lying on the a northerly line of a City of Denton annexation tract established and described by
Ordinance 74-36 (Tract V);
THENCE North 88° 50' West continuing along the present Denton city limit line as established
and described in annexation Ordinance 74-36 (Tract V) a distance of 1,905 feet to a point for
comer, said point being on the west line of a 60.474 acre tract of land described in deed recorded
under Instrument Number 2008-132154, Real Property
Records, Denton County, Texas;
THENCE North 2° 14' S0" East, along the west line of said 60.474 acre tract a distance of 923
feet to the northwest comer of the said 60.474 acre tract to a point for comer;
THENCE South 87° 54' 20" East, along the north line of said 60.474 acre tract a distance of507
feet to a point for comer, said point being the southwest comer of a 40.24 acre tract of land
described in deed recorded under Instrument Number 2003-207507, Real Property Records,
Denton County, Texas ;
THENCE North 00° 20' 00" West along the west line of said 40.24 acre tract a distance of
2,280.05 feet to a point at the northwest comer of said tract and in the center of Masch Branch
Road;
THENCE North a distance of 25 feet to a point for comer, said point being the intersection of the
implied east right-of-way line of a north/south section of Masch Branch Road and the implied
north right-of-way line of an east/section of Masch Branch Road;
THENCE northerly along the courses and distances of the implied east right-of-way line of
Masch Branch Road a total distance of 5,545 feet to a point for comer, said point being on the
southwest comer of a 4.998 acre tract described in City of Denton Ordinance 2001-318
(Krum/Denton Mutual Boundary Agreement (Exhibit A(Tract 4)));
THENCE South 89° 53' 33" East, along the present Krum/Denton Future Mutual Boundary Line
referenced in City of Denton Ordinance 2001-318, a distance of 418.50 feet to a point for a
comer;
THENCE North 00° 16' 13" West, along the present Krum/Denton Future Mutual Boundary Line
referenced in City of Denton Ordinance 2001-318, a distance of 520.80 feet to a point for comer,
said point being the northeast comer of the property described in Ordinance 2001-318 (Exhibit A
(Tract 4)) and the southeast comer of the property described in Ordinance 2001-318 (Exhibit A
(Tract 3));
THENCE North 00° 09' OI" West, along the present Krum/Denton Future Mutual Boundary Line
referenced in City of Denton Ordinance 2001-318, a distance of 745.53 feet to a point for a
comer, said point being the northeast comer of the property described in Ordinance 2001-318
(Exhibit A(Tract 3)) and located on the south right-of-way line of F.M.1173;
THENCE easterly along course and distances of the south right-of-way line of F.M. 1173, a total
distance of 4,385 feet to the POINT OF BEGINNING and containing 1,480 acres of land.
EXHIBIT "B"
EXHIBIT "C"
S:\Planning\Annexations\2016 Annexations\NC.I\3,4J6\PAA2\3.8.16\Skledar 61 196 Non-annexation Agreeinenl2016.RGVIS�D 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 Wolfgang Skledar ("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 East part of Tract 30, Little Brook Estates, Unit No. 2, an Addition to Denton
County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the
Plat Records of Denton County, Texas, and containing 7.47 acres of land, more or less,
situated in the J. Haney Survey, Abstract No. 515, Denton County, Texas, and being more
fully described in that certain Warranty Deed with Vendor's Lien dated April 14, 2009
from Jess Elrod and Sheryl Elrod to Wolfgang Skledar , filed for record on April 17, 2009
and recorded in Instrument Number 2009-45939 of the Real Property Records of Denton
County, Texas. Said East part of Tract 30, Little Brook Estates, Unit No.2, is commonly
known as DCAD Property ID 61196.
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
managernent use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, based upon Owners' representations and City's investigation, it appears that
the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex.
Tax Code; and
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(4) Sign regulatians, as contained within Chapter 33 of the Denton Code of Ordinances,
as amended;
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City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Dentan, TX 76201
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Sectian 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or
court order shall not ►nvalidate any af the remaining provisians which shall remain in full farce
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any praceeding at law or in equity. Failure to do sa shall not be deemed a waiver to enfarce the
provisians 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.
Sectian 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Sectian 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shalt 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 af the Parties.
Section 14. Survival of Cavenants. The covenants in Sections 2 and 4, as well as the
cansent provisions'n Section SB, shalm �
1 survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
Owners: ���
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Wolfgang Sl��c.c[��o
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THE CITY OF DENTON, TEXAS
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Crty 1"w��ot������°, Deputy Cdt;� Manager, or
Designated Representative
THE STATE OF TEXAS }
COUNTY OF DENTON }
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This mstrument was acknowledged before me on the �� �C�� of w�'"� � �' ,�„ �"�� .
2016, Wolfgang Skledar.
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THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the
2016� bYM_._.�.....� ....................�...........m..m...........�.............��.m
THE STATE OF TEXAS
COUNTY OF DENTON
day of
Notary Public, State of Texas
This ti��:��°�r���� ��� ���;� ���tl��u�wv��ai �ae� before r���; c��� �k���, �"'���� � � d ��
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Representative, on behalf of the City of Denton, Texas.
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Nc��;�r.�� Public, State of Texas
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, C[TY ATTORNEY
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After recordin� return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�Planning�Annexations�2016 Annexations�NCJ�3.4.16�PAA2�Naus 61161 Non-annexation Agreement 2016.doc
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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 Steven Naus ("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 East 12.00 acres, more or less, of Tract 10, Little Brook Estates, an Addition to
Denton County, Texas, according to the map or plat thereof recorded in Volume 489, Page
273 of the Real Property Records of Denton County, Texas, situated in the James Haney
Survey, Abstract No. 515, Denton County, Texas, and being more fully described in Tract
III of that certain Special Warranty Deed with Encumbrance for Owelty of Partition dated
May 19, 2008 from Sandra Sue Naus to Steven C. Naus, filed for record on June 10, 2008
and recorded in Instrument Number 2008-63618 of the Real Property Records of Denton
County, Texas. Said East 12.00 acres, more or less, of Tract 10, Little Brook Estates, is
commonly known as DCAD Property ID 61161.
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 l. 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. 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
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.
�
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
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on August l, 2020. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. The Term may be extended upon mutual
agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the
consent provisions in Section SB, shall survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
Owners:
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en Naus
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THE CITY OF DENTON, TEXAS
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C ty��'I�u�� �� ��D pu City ��������a�, or ,
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Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON }
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This instrument was acknowledged before me on the �"� ��� a:��� of '��� ��i'�� ��
2016, Steven Naus.
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THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of
2016, bY ..........................�.�.�.........�.�......................................................�.�.............m•
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
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This instrument was acknowledged before me on the day of
2016, b
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THE STATE OF TEXAS
COUNTY OF DENTON
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Notary Public, State of Texas
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Representative, on behalf of the City of Denton, Texas.
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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7
After recordin� return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�Planning�.4nnexations�2016 Annexations�IVCJ\3.4.16�PAA2\Wenthold-Barthold 61200 Non-annexation Agreement 2016.doc
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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 Jessica Wenthold and Clint Barthold
("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 West part of Tract 30, Little Brook Estates, Unit No. 2, an Addition to Denton
County, Texas, according to the map or plat thereof recorded in Volume 3, Page 5 of the
Plat Records of Denton County, Texas, and containing 7.5236 acres of land, more or less,
situated in the James Haney Survey, Abstract No. 515, Denton County, Texas, and being
more fully described in that certain Warranty Deed with Vendor's Lien dated January 23,
1986 from Benjamin Loyd Smith and wife, Siddle Smith to Loyd Ronald Smith and wife,
Linda Dianne Smith, filed for record on February 10, 1986 and recorded in Volume 1818,
Page 858 of the Real Property Records of Denton County, Texas. Said West part of Tract
30, Little Brook Estates, Unit No.2, is commonly known as DCAD Property ID 61200.
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 Properiy may be annexed upon the City's institution of
annexation in April 2016; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as
set forth herein, and Owners represent that it is their intention not to develop the Property during
the term of this Agreement; and
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement.
The property owner may apply to the City for division of the land subject to this Agreement into
parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section
without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governin� 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 Speciiications for Public Works
Construction, North Central Texas (NCTCOG Manual);
(3) Denton building codes, as adopted by the City and currently contained within Denton
Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments,
both as from time to time amended, and more particularly set forth as follows:
a. International Building Code, 2012 Edition with local amendments;
b. International Residential Code, 2012 Edition with Appendix G and local
amendments;
c. The International Fire Code, 2012 Edition with local amendments;
d. International Plumbing Code, 2012 Edition with local amendments;
e. International Fuel Gas Code, 2012 Edition with local amendments;
f. International Mechanical Code, 2012 Edition with local amendments
g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as
amended;
h. International Energy Conservation Code, 2012 Edition with regional
amendments;
i. National Electric Code, 2012 Edition with local amendments;
j. National Electric Safety Code, 2012 Edition, with regional amendments;
k. Minimum housing and building standards, Denton Code §§28-383 — 437 and
§§ 17-141 — 210, as amended and as applicable; and
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
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 P_a_rt; Voluntarv Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Upon expiration, or upon breach or termination of this Agreement for any reason,
or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of
land as may then exist. Owners expressly and irrevocably consent to annexation of the Property
under such circumstances. Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive
any termination of this Agreement.
�
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recordin . This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on August l, 2020. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. The Term may be extended upon mutual
agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the
consent provisions in Section SB, shall survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
Owners:
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Clint B�ir�����l,�l
THE CITY OF DENTON, TEXAS
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City �'1' ���� �", Deputy City Manager, or
Designated Representative
THE STATE OF TEXAS }
COUNTY OF DENTON } �,
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This instrument was acknowledged before me on the �''� � day of ���� ���""x� �____________
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2016, by Jessica Wenthold.
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This instrument was acknowledged before me on the � day of �°�`��" "`�� ��,., __ ,
2016, by Clint Barthold.
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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 mstrument ���, �;�;9���s����l�i��, before me�on t Mana��/De� day of „ � m„ , 2016, by
I� a�,�l� � �..._
�.,,,,.�m,.�`���"�.�"':� ..�:� �,�� ��.�� ��� r�� tY g puty City Manager/Designated
Representative, on behalf of the City of Denton, Texas..
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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7
After recordin� return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�Planning�P.nnexations\2016 Annexations\NCJ\3.4.16�PAA2\Stewart 61091 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 Patsy Stewart ("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 Tract 17, Little Brook Estates, an Addition to Denton County, Texas, according to the map
or plat thereof recorded in Volume 489, Page 273 of the Real Properry Records of Denton
County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien
dated November 19, 1979 from F.T.B. Building Corporation to Douglas K. Taylor and wife,
Patsy R. Taylor, filed for record on December 19, 1979 and recorded in Volume 992, Page 728
of the Real Property Records of Denton County, Texas.
SAVE & EXCEPT:
A 1.0 acre tract of land, more or less, described in Volume 1099, Page 113 of the Real
Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly
known as DCAD Property ID 78105.
A 1.0 acre tract of land, more or less, described in Volume 1119, Page 492 of the Real
Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly
known as DCAD Property ID 781.03.
Those two 1.0 acre tracts of land, more or less, described in Volume 1124, Page 298 of
the Real Property Records of Denton County, Texas. Said 2.0 acres, more or less, is
commonly known as DCAD Property ID 78102.
A 1.0 acre tract of land, more or less, described in Volume 1128, Page 994 of the Real
Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly
known as DCAD Property ID 78104.
A 1.0 acre tract of land, more or less, described in Volume 1128, Page 998 of the Real
Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly
known as DCAD Property ID 78101.
A 5.0 acre tract of land, more or less, described in Volume 1171, Page 409 of the Real
Property Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly
known as DCAD Property ID 78099.
A 1.0 acre tract of land, more or less, described in Volume 4897, Page 4300 of the Real
Property �Records of Denton County, Texas. Said 1.0 acre, more or less, is commonly
known as DCAD Property ID 241409.
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Note: See the certified copy of the Decree of Divorce in the Matter of the Marriage of Patsy Ruth
Taylor and Douglas Kenneth Taylor, Cause No. 83-4209-B, in the District Court of Denton
County, Texas, and filed for record on March 11, 1984 and recorded in Volume 1362, Page 480
of the Real Property Records of Denton County, Texas, for the disposition of the interest of
Douglas Kenneth Taylor.
The remaining Northeast 4.0 acres of Tract 17, Little Brook Estates, is commonly known
as DCAD Property ID 61091.
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
2
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__ofw_ETJwwwwStatus. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Properiy for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement.
The property owner may apply to the City for division of the land subject to this Agreement into
parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section
without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governing Regulations. The following City regulations shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
this Agreement, provided that the application of such regulations does not result in interference
with the use of the land for agricultural, wildlife management or forestry purposes and does not
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;
3
(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
C�
Environmental Quality, as amended, and applicable administrative standards of the
Federal Emergency Management Administration, as amended; and
(7) Gas Well platting, drilling and production standards, as contained in the most recently
amended Gas Well Ordinance and subchapter 22 of the Denton Development Code,
as amended and as applicable, and as supplemented by requirements of the Texas
Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and
applicable administrative standards of the Texas Railroad Commission and Texas
Commission on Environmental Quality, as amended.
Section 4. Development Plan to Remain in Effect. Following expiration or termination
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect.
Section 5. A�reement Deemed Void in Part; Voluntarv Annexation.
(A) If an Owner �les any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Upon expiration, or upon breach or termination of this Agreement for any reason,
or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of
land as may then exist. Owners expressly and irrevocably consent to annexation of the Property
under such circumstances. Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive
any termination of this Agreement.
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
5
Section 7. Recordin . This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 1 l. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. The Term may be extended upon mutual
agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the
consent provisions in Section SB, shall survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
Owners:
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Patsy Stewart
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THE CITY OF DENTON, TEXAS
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By '�� ���
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Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON }
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This instrument was acknowledged before me on the - ��;sy' of '�"�
2016, Patsy Stewart. � _� ^�� �� �
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THE STATE OF TEXAS
COUNTY OF DENTON
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Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This insmxment was acknowledged before me on the , day of
2016, by .
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Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
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Representative, on behalf of the City of Denton, Texas.
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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N��l�t•�� Publi�c, State of Texas
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After recordin� return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:\Planning�Annexations\2016 Annexations�NCJ\3.4.16�PAA2\Green 61103 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 Shirley Green ("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 Tract 21, Little Brook Estates, an Addition to Denton County, Texas, according to
the map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records of
Denton County, Texas, containing 14.947 acres of land, more or less, situated in the James
Haney Survey, Abstract No. 515, Denton County, Texas, more fully described in that
certain Warranty Deed with Vendor's Lien dated August 6, 1997 from Jimmy T. Simpson
and Waunzita Simpson to Larry A. Green and Shirley N. Green, filed for record on August
13, 1997 and recorded in Instrument Number 97-R0055506 of the Real Property Records
of Denton County, Texas. Said Tract 21, Little Brook Estates, is commonly known as
DCAD Property ID 61103.
RECITALS
WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given
notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an
"Annexation Area" that includes the above-described Property which was and is subject to the
provisions of §43.035, Tex. Loc. Gov't Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non-
annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't
Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in
lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not
otherwise excluded by operation of State law; and
WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes
of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to
develop the property and to authorize the municipality to apply development regulations not
inconsistent with agricultural use; and
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, based upon Owners' representations and City's investigation, it appears that
the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex.
Tax Code; and
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WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016;
and
WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016
NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously
executed by the Parties for all purposes, until such time as stated herein; and
WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed
with the City within the time allotted, then the Owners have already received notice of the City's
intent to annex the Property and the Property may be annexed upon the City's institution of
annexation in Apri12016; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as
set forth herein, and Owners represent that it is their intention not to develop the Property during
the term of this Agreement; and
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement.
The property owner may apply to the City for division of the land subject to this Agreement into
parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section
without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governin� Re�ulations. The following City regulations shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
this Agreement, provided that the application of such regulations does not result in interference
�
with the use of the land for agricultural, wildlife management or forestry purposes and does not
prevent the continuation of a use established prior to the effective date of this Agreement and
which remains lawful at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code ("DDC"), as amended
pursuant to the current Denton Plan, as amended, including but not limited to the
(RD-5) Zoning District regulations, and standards incorporated therein;
(2) The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria Manuals
(including construction, drainage, site design, solid waste, transportation, tree
protection standards, and water/wastewater), Denton Mobility Plan and other
approved Master Plans of the City of Denton, Texas, and the most recent North
Central Texas Council of Governments Standard Speciiications for Public Works
Construction, North Central Texas (NCTCOG Manual);
(3) Denton building codes, as adopted by the City and currently contained within Denton
Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments,
both as from time to time amended, and more particularly set forth as follows:
a. International Building Code, 2012 Edition with local amendments;
b. International Residential Code, 2012 Edition with Appendix G and local
amendments;
c. The International Fire Code, 2012 Edition with local amendments;
d. International Plumbing Code, 2012 Edition with local amendments;
e. International Fuel Gas Code, 2012 Edition with local amendments;
f. International Mechanical Code, 2012 Edition with local amendments
g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as
amended;
h. International Energy Conservation Code, 2012 Edition with regional
amendments;
i. National Electric Code, 2012 Edition with local amendments;
j. National Electric Safety Code, 2012 Edition, with regional amendments;
k. Minimum housing and building standards, Denton Code §§28-383 — 437 and
§§ 17-141 — 210, as amended and as applicable; and
1. Irrigation Standards, Denton Code §§28-441 — 457;
(4) Sign regulations, as contained within Chapter 33 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: 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 mSale. Any person who sells or conveys any portion of the Property
shall, prior to such sale ��
����m���mm 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. 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
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Shirley ����r
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THE CITY OF DENTON, TEXAS
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Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
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2016, by Larry Green.
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THE STATE OF TEXAS
COUNTY OF DENTON
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Notary Public, State of�Texas ����� �
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This instrument was acknowledged before me on the ��� ��az� ��1'" � ,�� �
2016, by Shirley Green.
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THE STATE OF TEXAS
COUNTY OF DENTON
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This instrument was acknowledged before me on the day of
2016, b
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THE STATE OF TEXAS
COUNTY OF DENTON
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Notary Public, State of Texas
This instrument was acknowledged before me on the day of
2016, by _____._._._._._._._.______.____ -
THE STATE OF TEXAS
COUNTY OF DENTON
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Notary Public, State of Texas
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Representative, on behalf of the City of Denton, Texas.
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY. �_�___ °� � ��� � � � � ����� � �,� �,� � ���.�.�, �`� � ��.����'�
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After recordin� return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�Planning�.Annexations�2016 Annexations�IVCJ\3.4.16�PAA2\3.8.16�Harris Jr Heritage Trust 39147 W Non-annexation Agreement 2016-
ncj.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 Richard Harris, Jr. Heritage Trust
("Owners"), the property owners of the hereinafter described property (the "Property") in Denton
County, Texas, sometimes individually or collectively referred to as "Party" or "Parties":
Being 21.77 acres of land, more or less, situated in the Robert Whitlock Survey,
Abstract No. 1403, Denton County, Texas, more fully described in Parcel I of that
Correction Special Warranty Deed dated April 17, 2013, from Robert W. Harris, as
Trustee of the Robert W. Harris Heritage Trust to Richard A. Harris, Jr. Heritage Trust,
filed for record on April 18, 2013 and recorded in Instrument Number 2013-46302 of
the Real Property Records of Denton County, Texas. Said 21.77 acre tract of land is
commonly known as that portion of DCAD Property ID 39147 lying west of the
Railroad.
RECITALS
WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given
notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an
"Annexation Area" that includes the above-described Property which was and is subject to the
provisions of §43.035, Tex. Loc. Gov't Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non-
annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't
Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in
lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not
otherwise excluded by operation of State law; and
WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes
of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to
develop the property and to authorize the municipality to apply development regulations not
inconsistent with agricultural use; and
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, based upon Owners' representations and City's investigation, it appears that
the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex.
Tax Code; and
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WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016;
and
WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016
NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously
executed by the Parties for all purposes, until such time as stated herein; and
WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed
with the City within the time allotted, then the Owners have already received notice of the City's
intent to annex the Property and the Property may be annexed upon the City's institution of
annexation in Apri12016; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as
set forth herein, and Owners represent that it is their intention not to develop the Property during
the term of this Agreement; and
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Properry
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement.
The property owner may apply to the City for division of the land subject to this Agreement into
parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section
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. Development Plan to Remain in Effect. Following expiration or termination
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180-day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Voluntarv Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Upon expiration, or upon breach or termination of this Agreement for any reason,
or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of
land as may then exist. Owners expressly and irrevocably consent to annexation of the Property
under such circumstances. Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive
any termination of this Agreement.
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 l, 2020. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. The Term may be extended upon mutual
agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the
consent provisions in Section SB, shall survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
Owners:
Richard Harris, Jr. 1��:�:�•�t:x;��� Trust
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THE CITY OF DENTON, TEXAS
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City �;��������x�� �;���:r�y City �.����a���e;�`� or " �
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON }
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TI�j z,� instrument �w��;> acknowledged befare me on the °��,� day of�� .. �� ��.�� m. �*
2016, by �'�' -�� ��� �'"�" � � � �r�� �� �, �' � � ��"� , "���_,��°�, �'"�'�..,,� of the Richard Harris, Jr. Heritage Trust.
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THE STATE OF TEXAS
COUNTY OF DENTON
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Notary Public, State of Texas
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THE STATE OF TEXAS
COUNTY OF DENTON
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THE STATE OF TEXAS
COUNTY OF DENTON
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2016, bY _������-----
THE STATE OF TEXAS
COUNTY OF DENTON
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Notary Public, State of Texas
This a���,ic•����a�����1 r��� acknowledged before me on the ��� day i��"�� "��" ��� ��„ 2016, by
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Representative, on behalf of the City of Denton, Texas.
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY; �" � �'��'' �`�� �" �. � ���� . �� � W�.. � � ��.... �� � .��"' �. w�.�� �k
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After recordin� return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�Planning�Annexations�2016 Annexations�NCJ\3.4.16�PAA2�Richard Hanis Jr 561904 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 Richard Harris, 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 33.417 acres of land, more or less, situated in the Robert Whitlock Survey,
Abstract No. 1403, Denton County, Texas, more fully described in Parcel III of that
Special Warranty Deed dated November 21, 2012, from Robert Woodson Harris to
Richard A. Harris, Jr., filed for record on December 10, 2012 and recorded in
Instrument Number 2012-139302 of the Real Properiy Records of Denton County,
Texas. Said 33.417 acre tract of land is commonly known as DCAD Property ID
561904.
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 ���C� V C�� I
and � ' �„
� � ' ° 'u .- "� �� �u� �� ; � ��
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WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016
NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously
executed by the Parties for all purposes, until such time as stated herein; and
WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed
with the City within the time allotted, then the Owners have already received notice of the City's
intent to annex the Property and the Property may be annexed upon the City's institution of
annexation in Apri12016; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as
set forth herein, and Owners represent that it is their intention not to develop the Property during
the term of this Agreement; and
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter 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�gulations. The following City regulations shall apply to any
development of the Properry, 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
�. 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;
i
(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 Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on August l, 2020. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. The Term may be extended upon mutual
agreement of the Parties.
Section 14. 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
� .................�............................__ � _m_____________.... —..
Richard Harris, :1r,
5
THE CITY OF DENTON, TEXAS
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C1t� �� � � ��' . +��� � Y���;�t•, or � o�..��.�
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON }
This instrument was acknowled ed before me on the �,�� � da c�1" ����� ��'" �"�""'`'���'"""�"°��
g�� Y �. �.�.'....��e..,n: ��__..� ____�.....�
2016, by Richard Harris, Jr. `
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THE STATE OF TEXAS
COUNTY OF DENTON
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This instrument was acknowledged before me on the day of
2016, by
Notary Public, State of Texas
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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
2016, bY �__���_ _ __����
THE STATE OF TEXAS
COUNTY OF DENTON
}
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Notary Public, State of Texas
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Representative, on behalf of the City of Denton, Texas.
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY; �....�`y ��.�"��:L�.a: wv .���� �!�..�., ....��:° �������.��..�.�,�
��. � ,��� �µ
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After recordins return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�Planning\Annexations�2016 Annexations\NCJ\3.4.16�PAA2�Richard Harris Jr 168119 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 Richard Harris, 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 13.071 acres of land, more or less, situated in the B.B.B. & C.R.R. Company
Survey, Abstract No. 141 and the N. Wade Survey, Abstract No. 1407, Denton County,
Texas, more fully described in Warranty Deed dated July 2, 1993, from Robert W.
Harris to Richard A. Harris, Jr., filed for record on July 2, 1993 and recorded in
Instrument Number 93-R004311 of the Real Property Records of Denton County,
Texas.
SAVE and EXCEPT 11.615 acres of land, more or less, situated in the N. Wade Survey,
Abstract No. 1407 and the B.B.B. & C.R.R. Company Survey, Abstract No. 141,
Denton County, Texas, more fully described in Parcel I, Parcel II and Parcel III of that
Special Warranty Deed dated November 21, 2012, from Richard A. Harris, Jr. to Robert
Woodson Harris, filed for record on December 10, 2012 and recorded in Instrument
Number 2012-139304 of the Real Property Records of Denton County, Texas. Said
11.615 acre tract of land is more commonly known as DCAD Property ID 563771.
And further SAVE and EXCEPT that portion lying within the existing city limits,
leaving a called 0.25 tract of land commonly known as DCAD Property ID 168119.
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�gnlations. 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; 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, WDenton County, Texas.
Section 8. Severabili . Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. The Term may be extended upon mutual
agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the
consent provisions in Section SB, shall survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
5
Owners:
� �r
�. � � ,,.��. � � ��� � � � � �.,�� ��. ;
Richard ��'�r������„ Jr. � �
THE CITY OF DENTON, TEXAS
���� � �'�"°,. � �� ���� � ���
�rv� �� �',.,,� � ��
By: �� ���,���� � w��m "
City Manager, Deputy City w������+�r�� or �"""°�
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON }
��'� � ^��"�� �� �' �
This instrument was acknowledged before me on the ����� � day ���� ''�� �°��` � u�,„,`
2016, by Richard Harris, Jr.
��o ���������� �� �� �, �
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'�5����;�, i���w�' V����'�U"�d ��' ������� o. � � �' w � �wti�.m,..
���"'�°��� � ��� � `����1ota Public State of Texas
w�o�� �����°��om � � ���� ��°����
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of
2016, by �_
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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 acknowledged before me on the � ww�____� day of
2016, by
THE STATE OF TEXAS
COUNTY OF DENTON
}
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Notary Public, State of Texas
This �r��ta���t�������t���,��acknowl g �.�r/De u���" ����.��.�����.� �C�1�'�, l��
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+����`�"����.� _.�.�. _�� Ci Mana e ty � w��������0�����i�t��t�t�l
Representative, on behalf of the City of Denton, Texas,
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7
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
,... � ,,. ��
BY: � � � � E � " ,� � �`� ��� �w � � � '��,��� �� ; �
� � �"��� ���k �����,� �� �.. �.. �� ��..m�
� � �,��� .
After recordin� return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�Planning�.4nnexations�2016 Annexations�NCJ\3.4.16�PAA2\Robert Harris 168120 Non-annexation Agreement 2016.doc
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
2016 NON-ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code
by and between the City of Denton, Texas (the "City") and Robert W. 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 a called 1.2763 acre tract of land, situated in the B.B.B. & C.R.R. Company
Survey, Abstract No. 141, Denton County, Texas. Said 1.2763 acre tract of land being
that portion lying within the borders of the B.B.B. & C.R.R. Company Survey, Abstract
No. 141 and outside the city limits, of a called 7.937 acre tract of land described in that
Warranty Deed dated February 23, 1993 from Richard A. Harris, Jr. to Robert W.
Harris, filed for record on July 2, 1993 and recorded in Instrument Number 93-
R0043112 of the Real Property Records of Denton County, Texas. Said 1.2763 acre
tract of land, more or less, is commonly known as DCAD Property ID 168120.
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 �,
.N�.. "�
�
�:'� fif�
r ..^ w � I.,��I 1� I I ..r W
WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016;
and
WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016
NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously
executed by the Parties for all purposes, until such time as stated herein; and
WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed
with the City within the time allotted, then the Owners have already received notice of the City's
intent to annex the Property and the Property may be annexed upon the City's institution of
annexation in Apri12016; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as
set forth herein, and Owners represent that it is their intention not to develop the Property during
the term of this Agreement; and
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Properry
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement.
The property owner may apply to the City for division of the land subject to this Agreement into
parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section
without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governin� Regulations. The following City regulations shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
this Agreement, provided that the application of such regulations does not result in interference
2
with the use of the land for agricultural, wildlife management or forestry purposes and does not
prevent the continuation of a use established prior to the effective date of this Agreement and
which remains lawful at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code ("DDC"), as amended
pursuant to the current Denton Plan, as amended, including but not limited to the
(RD-5) Zoning District regulations, and standards incorporated therein;
(2) The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria Manuals
(including construction, drainage, site design, solid waste, transportation, tree
protection standards, and water/wastewater), Denton Mobility Plan and other
approved Master Plans of the City of Denton, Texas, and the most recent North
Central Texas Council of Governments Standard Specifications for Public Works
Construction, North Central Texas (NCTCOG Manual);
(3) Denton building codes, as adopted by the City and currently contained within Denton
Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments,
both as from time to time amended, and more particularly set forth as follows:
a. International Building Code, 2012 Edition with local amendments;
b. International Residential Code, 2012 Edition with Appendix G and local
amendments;
c. The International Fire Code, 2012 Edition with local amendments;
d. International Plumbing Code, 2012 Edition with local amendments;
e. International Fuel Gas Code, 2012 Edition with local amendments;
£ 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,
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.
' � _�n t�� Remain in Effect. Following expiration or termination
Section 4. Develonment Pla
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.
C!
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the
real property records, 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 r
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Robert W. Harris.._ ...................,..,____ .......
5
THE CITY OF DENTON, TEXAS
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Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON } �
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This instrument was acknowledged before me on the �� �� ��,G� ��' �" aa
2016, by Robert W. Harris.
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THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of
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Notary Public, State of Texas
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THE STATE OF TEXAS
COUNTY OF DENTON
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This instrument was acknowledged before me on the day of
2016, by
THE STATE OF TEXAS
COUNTY OF DENTON
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Notary Public, State of Texas
This instrument was acknowledged before me on the day of
2016, bY �. ... �.�
THE STATE OF TEXAS
COUNTY OF DENTON
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Notary Public, State of Texas
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�� � Ci Ma ger/Deputy Ci�:}� Manager/Designated
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Representative, on behalf of the City of Denton, Texas.
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Nota y Public, State of Texas
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: � �`';rv��'.����� � � '__.'�� � �.�� � , �� ��i :��
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After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�Planning�,Annexations\2016 Annexations�NCJ�3.4.16�PAA2�Robert Woodson Hatris 563771 Non-annexation Agreement 2016.doc
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
2016 NON-ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code
by and between the City of Denton, Texas (the "City") and Robert Woodson 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 11.615 acres of land, more or less, situated in the N. Wade Survey, Abstract No.
1407 and the B.B.B. & C.R.R. Company Survey, Abstract No. 141, Denton County,
Texas, more fully described in Parcel I, Parcel II and Parcel III of that Special Warranty
Deed dated November 21, 2012, from Richard A. Harris, Jr. to Robert Woodson Harris,
filed for record on December 10, 2012 and recorded in Instrument Number 2012-
139304 of the Real Property Records of Denton County, Texas.
SAVE and EXCEPT that portion of the 11.615 acre tract lying within the existing city
limits, leaving a called 2.3385 acre tract commonly known as DCAD Property ID
563771.
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. Loa 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 ���;.�
Tax Code; and
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WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016;
and
WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016
NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously
executed by the Parties for all purposes, until such time as stated herein; and
WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed
with the City within the time allotted, then the Owners have already received notice of the City's
intent to annex the Property and the Property may be annexed upon the City's institution of
annexation in Apri12016; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as
set forth herein, and Owners represent that it is their intention not to develop the Property during
the term of this Agreement; and
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter 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 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_ Vnluntarv Annexation<
(A) If an Owner �les any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Upon expiration, or upon breach or termination of this Agreement for any reason,
or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of
land as may then exist. Owners expressly and irrevocably consent to annexation of the Property
under such circumstances. Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive
any termination of this Agreement.
C�
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the
real property records, 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;
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Robert Woodson Harris
5
THE CITY OF DENTON, TEXAS
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City I`w���r�������, Deputy City Manager,�or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the
2016, by Robert Woodson Harris.
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THE STATE OF TEXAS
COUNTY OF DENTON
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Notary Public, State of "�"����
This instrument was acknowledged before me on the mm� day of
2016, by �e.eeeee�... .... -
Notary Public, State of Texas
C�
THE STATE OF TEXAS
COUNTY OF DENTON
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This instrument was acknowledged before me on the day of
2016, b
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COUNTY OF DENTON
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Notary Public, State of Texas
This inst�-uinent was acknowledged before me on the day of
2016, by � �
THE STATE OF TEXAS
COUNTY OF DENTON
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Notary Public, State of Texas
�� � kn d ed before me�on t Ma a� �er/De ua +�,i�� Mana er "' 2016, by
This a�M�������
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Representative, on behalf of the City of Denton, Texas.
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�ic�t�� •� Public, State of Texas
7
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: I� � q� P�'' f�d �'""�, � ��„���• ������ � �� ��
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After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�Planning�P.nnexations\2016 Annexations\NCJ\3.4.16�PAA2�Richard Hanis Heritage Trust 131799 131807 38082 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 Richard A. Harris, Jr. Heritage Trust,
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 a called 23.42 acre tract of land, more or less, situated in the R. Whitlock
Survey, Abstract No. 1403, Denton County, Texas, and being that portion lying within the
borders of the R. Whitlock Survey, Abstract No. 1403, of a called 42 acre tract of land
described in that Special Warranty Deed dated November 24, 1997 from Richard A. Harris,
Jr. and Robert Woodson Harris to Cornelia C. Harris, filed for record on December 5, 1997
and recorded in Instrument Number 97-R0085337 of the Real Property Records of Denton
County, Texas. Said 23.42 acre tract of land, more or less, is commonly known as DCAD
Property ID 131799; and
Being a called 17.79 acre tract of land, more or less, situated in the B.B.B. & C.R.R.
Company Survey, Abstract No. 141, Denton County, Texas. Said 17.79 acre tract being that
portion lying within the borders of the B.B.B. & C.R.R. Company Survey, Abstract No. 141 and
outside the city limits, of a called 42 acre tract of land described in that Special Warranty Deed
dated November 24, 1997 from Richard A. Harris, Jr. and Robert Woodson Harris to Cornelia C.
Harris, filed for record on December 5, 1997 and recorded in Instrument Number 97-R0085337
of the Real Property Records of Denton County, Texas. Said 17.79 acre tract of land, more or
less, is commonly known as DCAD Property ID 131807; and
Being a called 32.094 acre tract of land, more or less, situated in the B.B.B. & C.R.R.
Company Survey, Abstract No. 141, Denton County, Texas. Said 32.094 acre tract being that
portion lying within the borders of the B.B.B. & C.R.R. Company Survey, Abstract No. 141 and
outside the city limits, of a called 129.507 acre tract described in Tract One of that certain
Special Warranty Deed dated November 24, 1997 from Cornelia C. Harris to Robert Woodson
Harris, filed for record on December 5, 1997 and recorded in Instrument Number 97-R0085336
of the Real Property Records of Denton County, Texas. Said 32.094 acre tract of land, more or
less, is commonly known as DCAD Property ID 38082.
SAVE & EXCEPT: That portion of a called 42 acre tract of land that lies within the
borders of the B.B.B. & C.R.R. Survey, Abstract No. 141, described in that Special
Warranty Deed dated November 24, 1997 from Richard A. Harris, Jr. and Robert
Woodson Harris to Cornelia C. Harris, filed for record on December 5, 1997 and
recorded in Instrument Number 97-R0085337 of the Real Property Records of Denton
County, Texas.
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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 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
2
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter de�ned, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement.
The property owner may apply to the City for division of the land subject to this Agreement into
parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section
without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governin� 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
�
f.
g•
amendments;
The International Fire Code, 2012 Edition with local amendments;
International Plumbing Code, 2012 Edition with local amendments;
International Fuel Gas Code, 2012 Edition with local amendments;
International Mechanical Code, 2012 Edition with local amendments
Code of Ordinances Chapter 17, Denton Property Maintenance Code, as
amended;
h. International Energy Conservation Code, 2012 Edition with regional
amendments;
i. National Electric Code, 2012 Edition with local amendments;
j. National Electric Safety Code, 2012 Edition, with regional amendments;
k. Minimum housing and building standards, Denton Code §§28-383 — 437 and
§§ 17-141 — 210, as amended and as applicable; and
L Irrigation Standards, Denton Code §§28-441 — 457;
(4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as
amended;
(5) Applicable water and wastewater connection, construction and on-site operation
requirements, contained within Chapter 26 of the Denton Code of Ordinances, as
amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and
Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water
Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code,
as amended, and applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
(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.
L�
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
5
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. TermIT 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:
Richard A. Harris, Jr., Heritage Trust, et al
By µ,��� �� ��'��. w��, �� � � ��`�'"
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THE CITY OF DENTON, TEXAS
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City �� t����r:��Deputy City Manager, or���
Designated Representative
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THE STATE OF TEXAS }
COUNTY OF DENTON } �
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Notary Public,
State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the �mmm �_ m day of
2016, b
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Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
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Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
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2016, by
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Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
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Representative, on behalf of the City of Denton, Texas,
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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Not�a•�r ''ublic, State of Texas
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After recordins return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�Planning�P.nnexations\2016 Annexations\NCJ\3.4.16�PAA2\3.8.16U-Iarris Heritage Trust 39150 36979 Non-annexation Agreement 2016.doc
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
2016 NON-ANNEXATION AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code
by and between the City of Denton, Texas (the "City") and Robert Harris Heritage 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 75.492 acres of land, more or less, situated in the Robert Whitlock Survey,
Abstract No. 1403, the N. Wade Survey, Abstract No. 1407 and the B.B.B. & C.R.R.
Company Survey, Abstract No. 141, Denton County, Texas, more fully described in
Parcel I of that Special Warranty Deed dated November 21, 2012, from Richard A.
Harris, Jr. to Robert W. Harris Heritage Trust, iiled for record on December 10, 2012
and recorded in Instrument Number 2012-139301 of the Real Property Records of
Denton County, Texas.
SAVE and EXCEPT that portion of the 75.492 acre tract lying within the existing city
limits, leaving what is commonly known as DCAD Property ID 391 SO and DCAD
Property ID 36979.
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
��� "+ ��
G� ry V� �� II 4°,V Il���k �.,4 �° i'� � W II�,�� V�� �� ��
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� A� �
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�gulations. The following City regulations shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
this Agreement, provided that the application of such regulations does not result in interference
with the use of the land for agricultural, wildlife management or forestry purposes and does not
prevent the continuation of a use established prior to the effective date of this Agreement and
which remains lawful at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code ("DDC"), as amended
pursuant to the current Denton Plan, as amended, including but not limited to the
(RD-5) Zoning District regulations, and standards incorporated therein;
(2) The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria Manuals
(including construction, drainage, site design, solid waste, transportation, tree
protection standards, and water/wastewater), Denton Mobility Plan and other
approved Master Plans of the City of Denton, Texas, and the most recent North
Central Texas Council of Governments Standard Specifications for Public Works
Construction, North Central Texas (NCTCOG Manual);
(3) Denton building codes, as adopted by the City and currently contained within Denton
Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments,
both as from time to time amended, and more particularly set forth as follows:
a. International Building Code, 2012 Edition with local amendments;
b. International Residential Code, 2012 Edition with Appendix G and local
amendments;
c. The International Fire Code, 2012 Edition with local amendments;
d. International Plumbing Code, 2012 Edition with local amendments;
e. International Fuel Gas Code, 2012 Edition with local amendments;
f. International Mechanical Code, 2012 Edition with local amendments
g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as
amended;
h. International Energy Conservation Code, 2012 Edition with regional
amendments;
i. National Electric Code, 2012 Edition with local amendments;
j. National Electric Safety Code, 2012 Edition, with regional amendments;
k. Minimum housing and building standards, Denton Code §§28-383 — 437 and
§§ 17-141 — 210, as amended and as applicable; and
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 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. Recardin�. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas..
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. The Term may be extended upon mutual
agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the
consent provisions in Section 5B, shall survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
5
Owners:
Robert Harris Heritage Trust
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THE CITY OF DENTON, TEXAS
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COUNTY OF DENTON
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THE STATE OF TEXAS
COUNTY OF DENTON
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THE STATE OF TEXAS
COUNTY OF DENTON
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Notary Public, State of Texas
This instrument was acknowledged before me on the �� day of
2016, bY ....................................................�.��.......�.�........�........�.�.��..�.�.�............_•
THE STATE OF TEXAS
COUNTY OF DENTON
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Notary Public, State of Texas
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Representative, on�k��I��;�l f of the City of Denton, Texas.
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�Planning�.Annexations�2016 Annexations�IVCJ�3.4.16�PAA2�IVeely 61133 Non-annexation Agreement 2016.doc
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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 Philip and Krista Neeley ("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 Tract 14, Little Brook Estates, an Addition to Denton County, Texas, according to
the map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records of
Denton County, Texas, situated in the James Haney Survey, Abstract No. 515, Denton
County, Texas, and conveyed by that certain Warranty Deed with Vendor's Lien dated
October 6, 2000 from Latham F. Jones, Jr. to Philip S. Neeley and Krista A. Neeley,
husband and wife, filed for record on October 17, 2000 and recorded in Volume 4697,
Page 1337 of the Real Property Records of Denton County, Texas. Said Tract 14, Little
Brook Estates, is commonly known as DCAD Property ID 61133.
RECITALS
WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given
notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an
"Annexation Area" that includes the above-described Property which was and is subject to the
provisions of §43.035, Tex. Loc. Gov't Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non-
annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't
Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in
lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not
otherwise excluded by operation of State law; and
WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes
of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to
develop the property and to authorize the municipality to apply development regulations not
inconsistent with agricultural use; and
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, based upon Owners' representations and City's investigation, it appears that
the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex.
Tax Code; and
WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016;
and
WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016
NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously
executed by the Parties for all purposes, until such time as stated herein; and
WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed
with the City within the time allotted, then the Owners have already received notice of the City's
intent to annex the Property and the Property may be annexed upon the City's institution of
annexation in Apri12016; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as
set forth herein, and Owners represent that it is their intention not to develop the Property during
the term of this Agreement; and
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Properiy for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement.
The 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,
�
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. 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.
Philip N�r;�e�°�
5
�IiZ.c,d�Cc_ i���ea�
Krista Neeley ...°�...mm.... �� .V�
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THE CITY OF DENTON, TEXAS
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B�,�°���d� ��,����: ... � �"��°����� �
City �����a�+�� Deputy City l'�^��.������rw� or ��
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the ���'��"" day of ��, '� ���. „
. . �,
2016, Philip Neeley.
�,�"�����«�,�*, � STEPHANIE LAWSON �
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THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the ���'�����"� ���t� e.�1'" �°� ���'�
.. .... �....._,
2016, by Krista Neeley.
���"°�""''� �� STEPHANIE IAWSON�
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Nota �l�t� ]i�� State �t`� c�����
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
["i�is mstrument �«s� �a� ��;r�c�r�l�:tl�;��l before me on i1�� � ��"� cl�i� c��' � ���� , ��� � �a„ la�r
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Representative, on behalf of the City of Denton, Texas.
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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N�t���- ���� R'����1���., State of Texas �
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7
After recordins return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�Planning�,Annexations�2016 Annexations\NCJ\3.4.16�PAA2�Ellison 61084 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 Malcolm Ellison ("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 Tract 8, Little Brook Estates, an Addition to Denton County, Texas, according to the
map or plat thereof recorded in Volume 489, Page 273 of the Real Property Records of
Denton County, Texas, and being 16 acres situated in the James Haney Survey, Abstract
No. 515, Denton County, Texas, and described in that certain Warranty Deed with
Vendor's Lien dated January 11, 1980 from Leiland Woodrow Killian to Malcom C.
Ellison and wife, Linda Ellison, filed for record on January 15, 1980 and recorded in
Volume 996, Page 731 of the Real Property Records of Denton County, Texas. Said Tract
8, Little Brook Estates, is commonly known as DCAD Property ID 61084.
RECITALS
WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given
notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an
"Annexation Area" that includes the above-described Property which was and is subject to the
provisions of §43.035, Tex. Loc. Gov't Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non-
annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't
Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in
lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not
otherwise excluded by operation of State law; and
WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes
of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to
develop the property and to authorize the municipality to apply development regulations not
inconsistent with agricultural use; and
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, based upon Owners' representations and City's investigation, it appears that
the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex.
Tax Code; and
����
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��
WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016;
and
WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016
NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously
executed by the Parties for all purposes, until such time as stated herein; and
WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed
with the City within the time allotted, then the Owners have already received notice of the City's
intent to annex the Property and the Property may be annexed upon the City's institution of
annexation in Apri12016; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as
set forth herein, and Owners represent that it is their intention not to develop the Property during
the term of this Agreement; and
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement.
The property owner may apply to the City for division of the land subject to this Agreement into
parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section
without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governin�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
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; Voluntarv Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Upon expiration, or upon breach or termination of this Agreement for any reason,
or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of
land as may then exist. Owners expressly and irrevocably consent to annexation of the Property
under such circumstances. Owners further agree that such annexation by the City shall be
deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as
required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive
any termination of this Agreement.
�
Section 6. Notice__of„Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multinle Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. The Term may be extended upon mutual
agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the
consent provisions in Section SB, shall survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
Owners
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Malcom Ellison
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Linda Wright Ellison
THE CITY OF DENTON, TEXAS
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City C"�s��t�����:�•,��M��Cy�mCity Manager, or
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THE STATE OF TEXAS
COUNTY OF DENTON
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�,����,���',�M NI����4��� ELIEN EIKINS
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THE STATE OF TEXAS
COUNTY OF DENTON
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Tliis instrument was acknowledged before me on the ,��� day of
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2016, by Linda Wright Ellison.
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THE STATE OF TEXAS
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THE STATE OF TEXAS
COUNTY OF DENTON
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This instrument was acknowledged before me on the day of
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THE STATE OF TEXAS
COUNTY OF DENTON
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Notary Public, State of Texas
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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After recordins return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
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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 Watson, 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 Tract 29, Little Brook Estates, Unit No.2, an Addition to Denton County, Texas,
according to the map or plat thereof recorded in Volume 3, Page 5 of the Plat Records of
Denton County, Texas, and being all of that lot, tract or parcel of land described in that
certain Warranty Deed with Vendor's Lien dated August 6, 1992 from Billy Jack Maupin
and wife, Carolyn Maupin to William E. Watson Jr. and wife, Rose E. Watson, filed for
record on August 10, 1992 and recorded in Volume 3295, Page 510 of the Real Property
Records of Denton County, Texas. Said Tract 29, Little Brook Estates, Unit No.2, is
commonly known as DCAD Property ID 61090.
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 l. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Properiy for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement.
The property owner may apply to the City for division of the land subject to this Agreement into
parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section
without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governin� Regulations. The following City regulations shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
this Agreement, provided that the application of such regulations does not result in interference
�
with the use of the land for agricultural, wildlife management or forestry purposes and does not
prevent the continuation of a use established prior to the effective date of this Agreement and
which remains lawful at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code ("DDC"), as amended
pursuant to the current Denton Plan, as amended, including but not limited to the
(RD-5) Zoning District regulations, and standards incorporated therein;
(2) The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria Manuals
(including construction, drainage, site design, solid waste, transportation, tree
protection standards, and water/wastewater), Denton Mobility Plan and other
approved Master Plans of the City of Denton, Texas, and the most recent North
Central Texas Council of Governments Standard Specifications for Public Works
Construction, North Central Texas (NCTCOG Manual);
(3) Denton building codes, as adopted by the City and currently contained within Denton
Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments,
both as from time to time amended, and more particularly set forth as follows:
a. International Building Code, 2012 Edition with local amendments;
b. International Residential Code, 2012 Edition with Appendix G and local
amendments;
c. The International Fire Code, 2012 Edition with local amendments;
d. International Plumbing Code, 2012 Edition with local amendments;
e. International Fuel Gas Code, 2012 Edition with local amendments;
f. International Mechanical Code, 2012 Edition with local amendments
g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as
amended;
h. International Energy Conservation Code, 2012 Edition with regional
amendments;
i. National Electric Code, 2012 Edition with local amendments;
j. National Electric Safety Code, 2012 Edition, with regional amendments;
k. Minimum housing and building standards, Denton Code §§28-383 — 437 and
§§ 17-141 — 210, as amended and as applicable; and
1',. Irrigation Standards, Denton Code §§28-441 — 457;
(4) Sign regulations, as contained within Chapter 33 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. 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 l, 2020. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. The Term may be extended upon mutual
agreement of the Parties.
Section 14. Survival _of„_Coyenants. 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:
William Watson......�T .............................�..�............
� •
THE CITY OF DENTON, TEXAS
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Ci � ._ �������� ���� �� ���� � C�ity Ma�� g � ��
ty�` �� ��� naeror
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the �_ day of /�'lCr/l..G�. Zo ((o ,
_.
2014��,, William Watson, Jr.
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THE STATE OF TEXAS
COUNTY OF DENTON
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Notary�nblic, State� of Texas
This instrument was acknowledged before me on the day of
2016, bY ....... •
Notary Public, State of Texas
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THE STATE OF TEXAS
COUNTY OF DENTON
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This instrument was acknowledged before me on the day of
2016, by .......__ —.. ..,
THE STATE OF TEXAS
COUNTY OF DENTON
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Notary Public, State of Texas
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Representative, on behalf of the City of Denton, Texas.
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
:
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N�t�� �� Public, State of Texas
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After recordins return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�PlanningV#nnexations\2016 At�nexations\NCJ\3.4.16\PAA2\3.8.i6�I{atvorxniaris Pcoperties 60817 Non-annexation Agreemer�t 2016.doc
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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 Karvouniaris Properties, Ltd.
("Owners"), the property owners of the hereinafter described property (the "Property") in Denton
County, Texas, sometimes individually or collectively referred to as "Party" or "Parties":
Being 95.584 acres of land, more or less, situated in the S. Huizar Survey, Abstract No.
514, Denton County, Texas, and being more fully described in that certain General
Warranty Deed with Vendor's Lien dated December 12, 2003 from Tony A. Riley to John
Karvouniaris, filed for record on December 30, 2003 and recorded in Instrument Number
2003-207512 of the Real Property Records of Denton County, Texas. Said 95.584 acres of
land, more or less, is commonly known as DCAD Property ID No. 60817.
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 Properry
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be located or constructed
on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement.
The property owner may apply to the City for division of the land subject to this Agreement into
parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section
without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governin�Re�ulations. The following City regulations shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
this Agreement, provided that the application of such regulations does not result in interference
with the use of the land for agricultural, wildlife management or forestry purposes and does not
prevent the continuation of a use established prior to the effective date of this Agreement and
which remains lawful at the time the Agreement is executed:
�
(1) Zoning standards contained in the Denton Development Code ("DDC"), as amended
pursuant to the current Denton Plan, as amended, including but not limited to the
(RD-5) Zoning District regulations, and standards incorporated therein;
(2) The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria Manuals
(including construction, drainage, site design, solid waste, transportation, tree
protection standards, and water/wastewater), Denton Mobility Plan and other
approved Master Plans of the City of Denton, Texas, and the most recent North
Central Texas Council of Governments Standard Specifications for Public Works
Construction, North Central Texas (NCTCOG Manual);
(3) Denton building codes, as adopted by the City and currently contained within Denton
Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments,
both as from time to time amended, and more particularly set forth as follows:
a. International Building Code, 2012 Edition with local amendments;
b. International Residential Code, 2012 Edition with Appendix G and local
amendments;
c. The International Fire Code, 2012 Edition with local amendments;
d. International Plumbing Code, 2012 Edition with local amendments;
e. International Fuel Gas Code, 2012 Edition with local amendments;
f. International Mechanical Code, 2012 Edition with local amendments
g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as
amended;
h. International Energy Conservation Code, 2012 Edition with regional
amendments;
i. National Electric Code, 2012 Edition with local amendments;
j. National Electric Safety Code, 2012 Edition, with regional amendments;
k. Minimum housing and building standards, Denton Code §§28-383 — 437 and
§§ 17-141 — 210, as amended and as applicable; and
1. Irrigation Standards, Denton Code §§28-441 — 457;
(4) Sign regulations, as contained within Chapter 33 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. 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 SB, shall survive termination of this Agreement, together with any
other provisions, as may be necessary for the implementation of those sections.
Owners:
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THE CITY OF DENTON, TEXAS
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By; '�� � �,, ..� ��"" °�""��� ���� ��_�.�...
City �',���t��,��,�Deputy City «������;��� or
Designated Representative
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the �S �� day of v v�'' �� „
2016� bY _._.�. � , ��ol�� ��,��� � ���' � . .�. � we:� Properties,
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Ltd. �''"°°"�"�+ NICHOIE ELLEN EIKINS
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^�„'�,�"°� ���' Comm. Explres 11-17-2019
�'�'� ��� `�`� "� Notary ID 130443153
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Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the day of
2016, by _._ ...................._............_._.........._._.........._.._..... .
Notary Public, State of Texas
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THE STATE OF TEXAS
COUNTY OF DENTON
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This instrument was acknowledged before me on the day of
2016, by _ _. __ .. .
THE STATE OF TEXAS
COUNTY OF DENTON
}
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Notary Public, State of Texas
This instrument was acknowledged before me on the day of
2016, by
THE STATE OF TEXAS
COUNTY OF DENTON
}
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Notary Public, State of Texas
This ��ti�t���.���c�a���^�v��r�,��N�tl�a.�c�v,�ledged before me on the ��' ��"�- � day of �, 2016, by
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Representative, on behalf of the City of Denton, Texas.
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7
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY: E � ' � ��,�� ���� `��
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After recordin� return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
S:�Planning�Annexations�2016 Annexations�NC.T�3.4.16�PAA2�ICarvouniaris 60816 177285 Non-annexation Agreement 2016.doc
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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 Karvouniaris ("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 40.24 acres of land, more or less, situated in the S. D. Huizar Survey, Abstract No.
514, Denton County, Texas, and being more fully described in that certain General
Warranty Deed with Vendor's Lien dated December 12, 2003 from David M. Riley and
wife, S. Lynn Riley to John Karvouniaris, filed for record on December 30, 2003 and
recorded in Instrument Number 2003-207507 of the Real Property Records of Denton
County, Texas. Said 40.24 acres of land, more or less, is commonly known as DCAD
Property ID 60816 and DCAD Property ID 177285, 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
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 Properiy 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
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 �les any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Upon expiration, or upon breach or termination of this Agreement for any reason,
or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc.
Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of
land as may then exist. Owners expressly and irrevocably consent to annexation of the 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 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 andW 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:
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J�,�l��� Karvouniaris
5
THE CITY OF DENTON, TEXAS
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BY � ���" �'� �'�;,_ . :��'�" �"� � �..., .. a_
City 1���������., Deputy Ci�ty ��"l ����;�a', or ,.mm
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the
2016, John Karvouniaris.
N
THE STATE OF TEXAS
COUNTY OF DENTON
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� � �........ day of �...�.�.��``� .....................�...,.........................�.;�
__.._ �__ _ _
����'�"�""°"��. NICHOLE ELIEN EIKINS
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�„M"�, �"�. ,� n Comm. Expires 1 1-17•2U i 9
'°��� �";;�,�� �� Notary ID 130443153
This instrument was acknowledged before me on the www w day of � ww .,,,_ „,, ro
2016, by
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Notary Public, State of Texas
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THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of
2016, bY .� .........................................w..............,,,,,,,,,,..n.., �
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
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Representative, on behalf of the City of Denton, Texas..
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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Notary ��� I�i��:, State of Texas
7
After recordin� return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201