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2016-119S:\l,egal\Ciur L}ocuni�nts\C�rdinanues\l6\I'AA3 acceptang non annexaison agre�ments.doc !' � � • 1 • ' AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE NON-ANNEXATIOIV 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 PAA3, AN AREA OF APPROXIMATELY 1,075 ACRES LOCATED ON 'THE SOUTH SIDE OF GANZER ROAD, NORTH AND SOUTH OF BARTHOLD ROAD, NORTH OF FM 1173, 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 PAA3, an area of land which abuts and is adjacent to the existing corporate limits af the City of Denton, Texas, and is more particularly described in Exhibit A and generally depicted in the map attached as Exhibit B, both of which are attached hereto and incorporated herein; and WHEREAS, Section 43.035, Subchapter B, Tex. Loc. Gov't Cade 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 ather owner(s) either did not accept the offer within the time prescribed, or the properties otherwise became ineligible for such agreement and are therefore set to be annexed within the time allowed by law; and WHEREAS, the Denton City 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, TL1Ei!_GL' OdtL:y THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: s:\legal\our documents\ordinances\16\paa'i 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 PAA3, .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. SEC�I'ION 5. This Ordinance shall take effect immediately on its passage. �'��„��.c.l l��r� C��a. (:��t �.'�r�a��iN ll�i� ��° �� '....� �� ,.... , 2016 :� �_ �. .�... • , P�"� � �y•, ,� �.,'��, ....ATTS�" �� 4' �� ' �. �6 � ,, _� .. �_ CHRIS W , i� OR ATTEST: JENNIFER WALTERS, CITY SECRETARY ,� � B A r� N �� a. ...�� ..,`. . tl.,m ��_ .. ... .., �Ma�u" .+w'..... ......,.,.,. � � � TO LEGAL FORM:. �� ..�`�"l.�R� � �.. ANITA BURGESS, CITY ATTORNEY li • � ��r�� "`�-��..� �.�.��,�"�� , °°��, �� .�...,� �� '�� . �..� Page 2 EXHIBIT "A" Annexation Tract PAA3 BEGINNING at a point on the present Denton city limits line , described as the southwest corner of an annexation tract estahlished and described in drdinance 1985-246 and further described therein as being an the centerline of F.M 1173; THENCE Narth 87° 57' East, along the center line af F.M. 1173 and alang the present Denton city limit line as established in said Ordinance 1985-246 a distance of 310.5 feet to a point for corner; THENCE Narth 89° 39' East, along the center line of F.M. 1173 and along the present Dentan city limit line as established in said Ordinance 1985-246 a distance of 2,153.5 feet to a paint for carner, said point also lying 500 feet west of and perpendicular to the center line of Interstate Highway 35, said point also being on the westerly line af a City of Denton annexatian tract established and described in Ordinance 1969-40 (Tract VI); T'HENCE South 02° 57' East, parallel to and 500 feet west of the center line of Intestate Highway 35, same being the present Denton city limit line established and described in Ordinance 1969-40 (Tract VI), a distance of 45 feet to a point far corner, said paint lying an the sauth right-of-way line af F.M. 1173 and also being the nartheast corner af a City of Dentan annexation tract established and depicted in Ordinance 2007-268 (Exhibit A-3 therein); THENCE South 89° 19' S494 West along the south right-af-way line of F.M, 1173, same being the north line of said City of Denton annexation tract established, described and Depicted in Ordinance 2007-268 (Exhibit A and Exhibit A-3 therein), a distance of 1,$O1 Feet to a point for a corner; THENCE South 88° 07' 3595 West alang the south right-of-way line af F.M. 1173, same being the north line of said City af Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein), a distance of 99.83 feet to a point for a carner; THENCE North 88° 37' 44" West along the south right-of-way line of F.M. 1173, same Being the north line of said City af Dentan annexatian tract established and described in Ordinance 2007-268 (Exhibit A therein), a distance af 401.49 feet to a paint for a corner; THENCE North 84° 33' 2899 West along the south right-of-way line af F.M. 1173, same Being the narth line af said City of Denton annexation tract established and described in drdinance 2007-268 (Exhibit A therein), a distance of 100.64 feet to a point far a cornerg THENCE North 87° 39' S999 West along the south right-of-way line of F,M. 1173, same Being the north line of said City of Denton annexation tract established and described in Ordinance 2007-268 (Exhibit A therein}, a distance of 1,634.99 feet ta a paint for a Corner, said point lying an the easterly right-of-way line af the Kansas City Southern Railway (formerly Gulf, Colorado and Sante Fe Railroad Campany), said point also being the northwest corner of said Ordinance 2007-268 annexation tract; THENCE narthwesterly, departing the existing Denton city limits and along the ares courses and distances af the said easterly railroad right-of-way line a total distance of 9,591 feet ta a point for a carner; said point being the intersection af the said easterly railroad right-of-way line and the south right- of-way line of Ganzer West Roadg THENCE in an easterly directian, along the courses and distances of the sautherly implied right-of-way line of Ganzer West Road a total distance of 8,182 feet to a paint for a carner, said point lying on the present Dentan city limit line established and described by annexatian Ordinance 1987-141; THENCE South O1° 58' East along the present Denton city limit line established and described by annexatian Ordinance 1987-141, a distance of 922 feet to a point far corner, said point being the sauthwest corner af said Ordinance 1987-141 annexation tract and also lying on the narth line of a City of Denton annexatian tract established and described in Ordinance 1969-40 (Tract VI); THENCE North $8° 53' West along the present Denton city limit established and described by annexation Ordinance 1969-40 (Tract VI) a distance of 250 feet to a paint for corner, said point lying 500 feet west of the said center line if Interstate Highway 35 and being the northwest corner of said annexatian Ordinance 1969-40 (Tract Vl)g THENCE Sauth 00 44' East parallel to and 500 feet west af said center line of Interstate Highway 35 and along the present Denton city limit line established and described by annexatian drdinance 1969-40 (Tract Vl) a distance of 6,087 feet to a point for corner, said point lying 500 feet west of the said center line of Interstate Highway 35 and being the northeast carner af said annexatian tract established and described in drdinance 1985-246; THENCE North 89 29' West along the present Denton city limit line established and described by annexation Ordinance 1985-246 a distance of 324.6 feet to a point far corner; THENCE South 89 15' 4099 West along the present Denton city limit line established and described by annexation Ordinance 19$5-246 a distance af 1,000 feet to a point for corner; THENCE North 89 28' West along the present Dentan city limit line established and described by annexation Ordinance 1985-246 a distance of 1,034.21 feet to a point far corner; THENCE South 00 25' 3099 West along the present Denton city limit line established and described by annexatian Ordinance 1985-246 a distance af 1,271.72 feet ta a point for carner; THENCE South 00 42' West alang the present Denton city limit line established and described by annexation Ordinance 19$5-246 a distance of 426.35 to the POINT OF BEGINNING and containing 1,090 acres of land. EXHIBIT "B" 7. lO U C 7 O m � EXHIBIT "C" S:�Planning�.4nnexations�2016 Annexations\NCJ\3.4.16�PAA3�L,awson 185233 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 Jim Lawson ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being Lot 15, Block 1, Ganzer Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Assumption Warranty Deed dated August 28, 1998 from Lonnie J. Rodgers and wife, Yong Ja Rodgers to Jim R. Lawson and Martha A. Lawson, filed for record on August 28, 1998 and recorded in Volume 4164, Page 1446 of the Real Property Records of Denton County, Texas. Said Lot 15, Block 1, Ganzer Estates, is commonly known as DCAD Property ID 185233. 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 Tex. Tax Code; and _. , �� .�,� � u ,'' .� � w n ��`I� �� l u:� n W;�.� P� I. � WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the extraterritorial status of the Property and agrees not to annex the Property Agreement, as hereinafter defined, and any subsequent renewals as may be Parties, subject, however, to the provisions of this Agreement. continuation of the for the term of this agreed upon by the Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin�Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference 2 with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 —457; (4) Sign regulations, as contained within Chapter 33 of the Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, 3 as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. 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. L� Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabili . Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners � �° o � .�. �, �� , , . �, � �� ,, �,�� ,�� ° �� Jim I d��a.°�`�� -,, � �_ ..__. __ �, 5 THE CITY OF DENTON, TEXAS ��, �M�� m �� : � �� .�� . � ,�w � ��.� � � .�._�:�. � � _ .�.......� City �.'��4��,��'�, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the '� °^�� 2016, by Jim Lawson. .. �� . day of ,��" ';�� ___ , �� au � �� M� �u � ��o � �� a�� a��.�� ,�,�.� , w^� ��be�* � �"�M�''��i� �M�� , � �� r �� ,��m�� ur� ��s� " �� , "�", � � � ��lauN �roii�� N"Mu�ll��^u � �µ � �� +�� s�� w�°��a ri qY9�bu'�ll, I�;��H�P'+hk"� �V�� U��l�,��V � �(�iw ��i'>��".�SY.atO Of T �.��.�� : _....- �,� ��. � �a,� , �,�.,m u i��"��'�Y��W �fi �� '� ��'� � � �� ,�.�. . � n � '�OJJtl06 4. �±aw�m�m�n'�s w�wwmwm�wmu�ww�i � � �„""..�:*."'"'� .... . . �w�rv� . �rrmm��'w�ipi�w�uuiw�ur�iiowww�ou � THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 2016, bY _„w Notary Public, State of Texas C THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 2016, by . �.. 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 THE STATE OF TEXAS COUNTY OF DENTON � �' � , � g me on the �� r/De uay C i� M�a� m 2016, by This m� ment �� City Manag p ty � ger/Designated � ' � knowled ed before Y �� ac � Representative, on behalf of the City of Denton, Texas. .. iv.�w �.. �oaw� m �mam�r.�ndm.w�wan�� a� � iomu�u��o�om . .__�� ,� ..,o ua'�t ,y �+ �o�'«.�"'�� N"", II tiQ�,.+�1 �d��k�V4ll.,�i,,,�,,, �� uaer a ee� , � �� ' µrv�� " i��r�^��4�°�'�u��i� �� w��°�� W�, Y" �M^'.c ''+N'�' "mm fi��Fk1F�4W'4 4.:��Y � 4YA� �" � .mC,1„k � ii' � �"Y w �°' p� �` "� �'��' �a�V��" @� � m"��ro � � � � �'��'dv4�Pp19fl�0. � ��f .�.0 .. : N '�Mi��^M . . � � m� �� A . � �.....�._ �� _....�..�..� �1c� ��•y� Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �� w BY: ��' `w � , r� � � ��' ° .. � �� .. � ��.....��.,�� " � � ... � "� �.��' ��-.�� .. �r� �� ;� �� .. � �� Vd� � �.. �...� After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:\PlanningWnnexations�2016 Annexations\NCJ\3.4.16\PAA3\Hopkins-Loving 60790 Non-annexation Agreement 2016,doc '�� . . l�. � ' ` +� � � �Y q `Y �� m � °w) � � CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE 2016 NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and Tamberly Hopkins, Phillip Hopkins and Kimberly Loving ("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 18.73 acre tract of land, more or less, situated in the John W. Gibbons Survey, Abstract No. 446, Denton County, Texas, and being all of the portion lying East of the Railroad of that certain South one-half (1/2) of a called 142.97 acre tract of land, described the Warranty Deed dated August 3, 1972 from Rosa Hopkins to Ballard Hopkins, filed for record on September 6, 1972 and recorded in Volume 654, Page 631 of the Official Public Records of Denton County, Texas. Said 18.73 acres, more or less, is commonly known as DCAD Property ID 60790. 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 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 fve (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 fve (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 p', Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33 of the Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, 3 as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this Agreement. 4 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners: � P'� ��"� � �`��.,�= ',�� ._ �� :��w Tamberly Hopkins � � � � „� � � u �,� � �:� �'.�.� .��;� �,.,� Philli � 1 Ic��i�� — �� ,�rv��°,�"°� � �� "� � .,...:.�,„� Kimberl Lovi � ��.�� , �� y ng �� '��.�.�.m,� THE CITY OF DENTON, TEXAS � �,�� '��" � ��w �� ,�A� �� By � �,�.�"�'" � �, «� �v��...�_.,_ a� �� .� �� _.. City 1VN�� ,r„ Deputy City �G��a�a��, or Designated Representative THE STATE OF TEXAS ��'(�4._J��,I"C'Y" (�1" �`�i�[ �'`"� � 1��, This instrument was acknowledged before me on the ��;� � day of _ _„m„� m�_�___�_� 2014, by Tamberly Hopkins. �"V��II°��« �. �� V��p�'�� V Nr,�t�'��rr�k�� V'"o,vN�iYnx, � ":��u�iu �ro�V'';��roan A�+��y+' ��'�",�:rre.i�.n�.i,.nd��ndr:'nre'� �,u��'�hd��'ro� „11 �.i� u"� �il n i�"� �� ,;'�!I �'V p��u THE STATE OF TEXAS COUNTY OF DENTON ��M° �� Public, State of Texas This instrument was acknowledged before me on the y �Q,(C,y 1 ........, �J da of IT_.....m..... �.�� 2016, by Phillip Hopkins. ��,��f�� JENNIFERALDRlDGE ' NOTARY PUBLIC�TATE OF TEX11S ' a �'� � �`;� � y",�� " ��p�� ID# 129532790 ` _'�,;�� COMM. EXP. 08-19-�0�17 �'��r �... __ _.... . , ., ....µ�._....__.._. ,� ��,��,,,�.,�,,, ,� �.ak �, State of Texas 0 THE STATE OF TEXAS COUNTY OF DENTON �r This instrument was acknowledged before me on the y , da of �,�� ....... m.... � 2016, by Kimberly Loving. � e � : �....� �,� �, f � F�s� , ^� �% � ��%",,�� _�,� �. � �`ro�s �. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON ,��'""""''�.�� LISA R. ?IGNO� Y¢µW � �� ' '.� r �� µ Notory Publlc, State of Texas � �, � �, My Commission Explres �� ,�,�M,� � qprl� 07, 2088 �� "'��M „w, This instrument was acknowledged before me on the day of 2016, by wW ____ Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON ��. __ ��"� re,rmC ty thM �g�,� pd y of �..��'„� , 2016, by ��me� �� ac�n�Ow e ge e o ana er/De ut C�1. i'v�<��°l�C�esignated This mstru Representative, on behalf of the City of Denton, Texas. � ro�� °�uuQ"��4 ,��wp��'� � W�u�a�F��"��'@� „ur n 4+��ro�R�9��?fVI�hU4�lVq�„o- rp�Yll ,�:t9 fl6 nA � :� ��rc � �� '"� �u�'�`n �� 0�'.�M�'b's��F'°�" �� P q'�?".r'��Vn V� � � � �� V. �9 G��, u� � �� i � -� �� ,�a�w w �� • «� � .,�.�.. w I �a � �..., �� w�� .. � �. �`�� '.....�.��..� � .� N��t4� y Public, State of Texas % APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �� BY: m � r�� '�:'�` ��w,� .:��"�_..�� ._. � �ry�,�m. � �� 7'� f� �� ' +� �� .��.,,��..��."��µ-, �� , � �".�� ... �. After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:\Planning�Annexations�2016 Annexations\NCJ\3.4. ] 6\PAA3\H3h LLC 315334Non-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 H31�, LLC, a Texas limited liability company ("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 acres of land, more or less, situated in the S.L. Johnson Survey, Abstract No. 683, Denton County, Texas, more fully described in that Deed Without Warranty dated March 3, 2011, from HLHTE-Lyda Hill Trust, HLHTE-Alinda H. Wikert Trust and HLHTE-Albert G. Hill, Jr. Trust to H3H, LLC, a Texas limited liability company, filed for record on March 9, 2011 and recorded in Instrument Number 2011-22008 of the Real Property Records of Denton County, Texas. SAVE AND EXCEPT 4.74 acres of land, more or less, currently within the existing city limits, commonly known as DCAD Property ID 315333. Leaving 16.26 acres of land, more or less, commonly known as DCAD Property ID 315334. 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 �� p°y „ � ,„ .... °n ,�� ;� � � ,� -��y �� ,,,� �� 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 "AgreemenY'), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in April 2016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 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 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 l. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33 of the Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as 3 amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Pr.otection, 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. C��v��4�� Pl��i°w �t�c� Remain in ��,��,;��. 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 4 required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this Agreement. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. 5 Owners: H3H, LLC, a Texas limited liability company ��w... �,. � �� B� �",� � Y' T�d� R. � � �.��.,.,, ..... �...w m..._ . __... _______. �¢�s � AewT s1�61��6 . ....................... THE CITY OF DENTON, TEXAS � � � w. �* � ��""` �� By. � M��,,�. ��,,.�ut Ci�i� Mana errvwrv��..�._. . �� " m City �1� r�r<��;� , Dep y � g, or Designated Representative THE STATE OF TEXAS ��r COUNTY OF��e��;° ,,.��, ;� �� u �a � �his �� :r�� w��;�� s�a��r��,e��c�for�e�m�e� on theof� H3H, LLC, �a Tex��'m ed liabililty ��N"� b � �:ear� �tr � � � � �� ro�w�� ,,.,,..��,.W..�.... _..�.�,�,..,� . ..��mm. �� . a�� , ��°�� u �� "' " �. � .... _._ ....... � u�� IB �m��u�� m ;� �"�a�i'�� 'I�' �"� :��u�� " � �� W� ��Uw��m. I�,� �&�� s� �� "� � � ��"� � I�� Notary b��p , � "�cn, , �t��i.+� of Texas .,,�,� �IUIVI��""��u .... �� THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 2016, b . Y .....................................................��m.. �.. day of 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 day of 2016, by _ THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas ��WI��d� ��m�l��ei��r�r�� w�r�o�; �s',�� r�� ;ed before �� p�� t1�C'�.as��.o„�a/1��,:c� �r c>�. �� °�4.)I�, ��' ..____ �.��"....��'�______�__�.��`_..��_�� ' � ��w�� (��:"�t ll"��, r�f�e�w�;��e��f.��;1 Representative, on behalf of the City of Denton, Texas, �� reaua ,..�� li� �,�M u�ll II ��,�'"i��V� xd �II'�� :`�°w� �p �� 4°9G�bp�,�Mu"4"1Up"�dll4 ,��I�dd�-qN',,,�'��*.r' '�"�� ^�� tl �V�u��. I� �ai' 4ptl'� ,6' �" "d,�M tl'd" �� ;o-� �� ^��'1�'��'�� i� Il�i � �,�n�� N� �� "��,�� .�.�. i��i�rumi� m �:�"�mm . . � �� uuwiw��uw�w!uw �uwu�a�uwm �. � ,fa �.� � � ,J � ,� ��_ � ....... �� : _m ^�� .b N�.�� Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY � ��,�,.�:��"��..� �. �'�......�� , ��''� ��.µ�; � , .... � �,� µ� � °� i q' �� P�.�� .�� ,.� After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S,�lanning�Annexatpons\\'L016 E#nnexatians\NCJ13.4.16u'AA3U-Iapkins 167642 Non-annexation Agreement 2016.doc � � �� '.: � � �:. �� V�� .. �� CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE 2016 NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and Wayne Hopkins ("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 28.69 acre tract of land, more or less, situated in the John W. Gibbons Survey, Abstract No. 446, Denton County, Texas, and being all of the portion lying East of the Railroad of that certain North one-half (1/2) of a called 142.97 acre tract of land, described the Warranty Deed dated August 3, 1972 from Rosa Hopkins to Wayne W. Hopkins, filed for record on September 6, 1972 and recorded in Volume 654, Page 629 of the Official Public Records of Denton County, Texas. Said 28.69 acres, more or less, is commonly known as DCAD Property ID 167642. 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 iive (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not 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 files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this Agreement. � Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 1 l. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners �, ,.. � � �" � „ �� :a::. �:. ... �� ...mm� W�ayt� �� rrr�� ' G � THE CITY OF DENTON, TEXAS ��,� �,m ��" � ��.�� ^�� By �� De u,�F C tM 1''�� _.� � � Ci t y i'�.��c,,�� P tY Y ��,��°, or Designated Representative THE STATE OF TEXAS } COUNTY OF DENTON } � "� � M� � ��„,� p �� This instrument was acknowledged before me on the �� day of ��",�.��" �' �� ,��„ 2016, by Wayne Hopkins. �w � �� GLEN DARRELL FLY i � �� AAY COMMISSION EXPIRES � , �;� � ��` Auguet 20, 2018 M��r��,�,�l��i� �'�. THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the ,�,, w�mm_ day of 2016, by Notary Public, State of Texas C THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the wwwwwm mmmmm� day of 2016, by THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas g . .............�.�.�...........� day of � . This instrument was acknowled ed before me on t e ,,,,,,,,,,,,,,,,�,�,,,.,�,,.,,...�.�.�,,,,.........n.n.n._.......� 2016, by THE STATE OF TEXAS ,K�1��►Y11•(�1��7�►YC�7►1 } } Notary Public, State of Texas I Ir�� xl��t��.o:��a��. ��r,a� x��B.:��1�;��ged before me on the K��- day of ��,�"""�� 2016, by � .........�+��'�.��e..... �'�.....�.��°��"��;,��"��:�� ................, City Manager/Deputy Ciry ��.r��;�r�0��;��°wi��al:��. Representative, on behalf of the City of Denton, Texas. v�� n � �� u� ��r�r�o-✓y �d�i�^q� ��. �� 5��N� p" M�� e, �� p ��'� ....�Mtl.��"�i�"r �N%�k�.IIV �� ;�� tl�—rJ��'�,rv.. I� � �� :w��:��. �'u�� '�.�� .�.�„� �� ,Y�� w.� . � IIwM�„��"dVho��m�' ��P�um�!li�"ql"�� P4ANW �.. O�iu�qM�i . . OWIIII�Wd�!u�udm � ��.I . �� Not ry Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � � �,�'�'� r� � �'� ��,� ,�". ��"� ��. �� ,.. ,� ,w� � � �� ; J�' ., �,� �� , �' � �:�� ;:,�� ° � After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 O:\LegalWnnexation 2016\PAA3\Wolf 185230 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 Kent Wolf ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being Lot 12, Block 1 of Ganzer Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Slide 78 of the Plat Records of Denton County, Texas, as described in that certain Warranty Deed with Vendor's Lien dated August 15, 1996, but to become effective August 16, 1996 from John Holley and Vaughn Andres, d/b/a H& A Investments to Kent E. Wolf and Lori A. Wolfe a/k/a Lori Ann Wol£ Said Lot 12, Block 1 of Ganzer Estates is commonly known as DCAD Property ID 185230. 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 2410 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; ��flV�.� A�� Td�� WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin�Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not 2 prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and l. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33 of the Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part• 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. 4 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 inmmSection SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners �-� � � � �� *� �� "� ,.� �.�� W. � �.�w...��,.._ � ��w ��"�� olf 5 THE CITY OF DENTON, TEXAS �� '�m�w.�� ..�� BY ��::. ��'�„� �� rv rv..._ . ..�. City �� z�r��x��Deputy City iNl��t��t��°, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the ,�,,,,��...,,,,,� day of m� ��'�� rv�'� . � m�:� 2016, by Kent Wol£ .+�;"�""+��, Tonl Reedy '" �" Notor Publlc, State oi Texos � � �� Y 4 � w � �. �^� ��,�,�� Comm, Explres 03•21 •2018 � , ��, �^`�„�^^°, ,� �,��,,� �� ° ,.,��.„ � � ' � ..�e��.m.. �'"��,�;� ��"` Notary ID 505547-9 Notary Public, State of T s�x r� �� , � .� THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �„ „� day of 2016, bY .................�� _........_.• Notary Public, State of Texas C� THE STATE OF TEXAS COUNTY OF DENTON } } This instrument was acknowledged before me on the day of 2016, bY —.��.....m..��.....�. • THE STATE OF TEXAS COUNTY OF DENTON F Notary Public, State of Texas This instrument was acknowledged before me on the day of 2016, by .... ...........W��.....n..,m. • THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas � ��. �� i �� G�(+ � ��v�� r��d before me on the �'� ��., y 2016 by � � � �_� �m �. ...�.. ., tY g �P tY �� .��:. ..� �.� �. �� Ci Mana er/De u C �..� _. ��........ � .�,_� � �� a��t� �� a o � ity anager/Designated Representative, on behalf of the City of Denton, Texas. � � �� ,:: ��Mw��°��A V��"1W�Q��V�U�� V.�w�� m� r� ��., �� A � ;� � m�'"��fitl��. I��,U " ��m.�",�"-��.�� , �� "�"�I��u� pIU� �'M�" �"�,rrv �� "�p�w�eu "�" �� Mry �. � � � � � �.. , 0 � u .. mP .�� .... c , ��. ..� ° � _ �� ..... N��t��µ� Public, State of Texas �� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ,r� ,� '�.,, `��, ��U � BY: .�..., ,�� ,"� : �'.... �"� .�� , � � __ ` � .� �... — After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 C:\Users\wolfde\AppData\Local\Microsoft\Windows\Temporary lnternet Files\Content.0utlookUNHJ1SIG\Wolf 185234Non-annexation Agreement 2016.doc ��U�� .�� .� r .., � � � �' � � I � 1 1 ' � * - -� � � � � � 1 , • ' r . • ��+- - � . • �- -- - � �- • - . - . � �. . � � . . � �r• � - �, _ , , , , �. �-� � � �- - ' � r- �- � � - . . ., . � � � . � � -• � . , � :- � � . : � . • . • . � �� I. � + . , � r � � ' .� � •'. . .� ' � �'� .� . �.,,. � � . �> � r. � � • �- ,- � - . � �- * . . - . � , 1 •. - � '. � r,- �"� .' ' . . . 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" '� �� ' � � �' � • ',1 f' 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 af Denton Caunty, Texas; �' ' ' #' ' � .- , � r - . � - . � . -, . . _ I'. . • .+ - • � wwwww�' ' wwwww _ ww„wwwwwwww Status. The City guarantees the Sectian 1. Continuatian of ETJ wwwwwwwwwwwwwwwwww extraterritorial status of the Property and agrees not to annex the Property Agreement, as hereinafter defined, and any subsequent renewals as may be Parties, subject, however, to the provisians of this Agreement. continuation af the for the term af this agreed upan by the Section 2. Development Plan. The Owners covenant and agree that use of the Property far the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm ar ranch dwellings, provided that 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 ta 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 p oses set forth in this sectian withaut being in violation of this Agreement. Such uses and activities constitute the development plan far the Praperty in satisfaction of Tex. Loc. Gav't Cade section 212.172(b}. - • • - . �-. 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' '�1 � 1 �' , �- � -�� .; • �, ` 1 ., � i . . ., � , '; 1 i '�, �, � . . , . �; � . . � � '' 1 � � + . �' ` ' . � . •,' ' � 4 � � . . ! Owners ��..��V " � �� , � ,��. �. �. .._._.. �.�.�..� ............................................__._. � ......_._._. Dale Wolf THE CITY OF DENTON, TEXAS ��. � �� w W� -� � �'" � „ ,� � .� ��a �� .m .w�.... �. .. _ �' ------ - City l'�l�r ��.� �� Deputy City ��r�,��, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON } m y�� N� µ f„ , �� .� "� ,,, � � , This instrument was acknowledged before me on the ._mm_____ day a�l�;,��.: �� _.......__ 2016, by Dale Wolf. ��wn � �mw ,r..,,. .. � .. ... �m . �v f P�� III��6�� w� N4 � �w�tl�"��u ipu ��^��u: a �� a +� �"� . �_ � ��a��^� � 4� � �-�� ^� �� , e ,fi� ��'^''"imr��qwx�e� ��TP�A�wn�'y' �I� ��'�'w��•� ,�. . .... �....v w,�,.�.��.,� �,..��..��. � . . . :. . �y n „ ��, . : �wa..... THE STATE OF TEXAS COUNTY OF DENTON ., M � �,. � � — ,.._ � �„ � � � � �^- � .. .��..... . ..,r'�•� ._—k�"--� ��—n—;", ,�"�� "'w+ � ....,... '� ��....,.k� � .,� .. ~ '� �� "� Notary Public, State �;�1�� '�,�d�� µLL This instrument was acknowledged before me on the r„yyy„__..........._ day of 2016, bY _�..._ ...�........• Notary Public, State of Texas 0 THE STATE OF TEXAS COUNTY OF DENTON } } This instrument was acknowledged before me on the ,, ,__, day of 2016, by THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This instrument was acknowledged before me on the day of 2016, by m THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas 'l lri� i��r°��i�rt�rrl, ^��m� ��w�i�c�^�I�c;C��l l�r��"�;��•�° �r�� :g�� , .....'..�.'�� :�� c��9". �� .�---' ��l l�� y �` �� ::..� °�'�,_�..��"��.w�m�.mm _ —..v City Manager/Deputy f�`�t:y Nf�G��w`,�17c��i�i��t�,a� Representative, on behalf of the City of Denton, Texas. �� . pm:M�irn�s�, ��N"�� m. W�' V�Q IV Vr�a� �Il�o�"�u �U�� " i �' ,� ` IIW'�dh��"tW'''dqYW�d��qY.VV:; iV��,�V��,ro� gq k�".H � � �� "� w� �� m�u� u��u� ��i� �m�.��u�r : � a�"� rwn W�� "��' �II�� i"�� " 9� JNJOOY.Mw�� .,��m ww��,. �»».»r.�„�� d � _ �� '—.��.�"�.. ..�°�.� . .:. :_�� i��i��. � Pub�ic, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � � , �P � BYw� " a � e� , � � � �4�.� �� i` ��. �,w � r d � �., � r� � � � � �• q � � , � �__ � — a .�w,,: _ ,....m. ^� � � �� , � � � � . .� �� ,� �'IC � � � � �' � �" �" � � ..,� � o a. � � 1 �� r,� After recordins return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 O:\Legal�Annexation 2016�PAA3�IVIerritt 60424 37682 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 Jackie Meritt and the Estate of Bobby Meritt ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 2.50 acres of land, more or less, situated in the John Pearson Survey, Abstract No. 1049, the S.L. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully described as the Save and Except Tract in that certain Assumption Warranty Deed dated August 31, 2005 from Bobby Joe Meritt and wife, Jackie Meritt to Meritt Bois-D'- Arc Enterprises, Inc. and Meritt Buffalo Events, LLC, filed for record on September 7, 2005 and recorded in Instrument Number 2005-111889 of the Real Property Records of Denton County, Texas. Said 2.50 acres of land, more or less, is commonly known as DCAD Property ID 60424 and DCAD Property ID 37682, 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 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. Develobment Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin� Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not 2 prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and I, Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33 of the Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; Voluntarv Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this Agreement. C! Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. 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, �:��ra�ica�"� in Multi��l�www�'��:�%��, 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. � � _.,.. � ._ ,.... � �� w� �� ,. ,.� �... � �� The��t��, of Bobby Meritt �,� THE CITY OF DENTON, TEXAS � �p�., � '"�� '"�� ry� By: ��...��°~ ....�,","� ..�. .,�v, City C^��u��r�, I��.�1:,�� City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON ��;��.��t v�� t��°��ledged before me on the ? fl � � ��'��'�� ""� "�' i� � "` � � � � �� '�.��° � ��. day of �..��_ , �; �� « � � �, � � � � � � I �� Nota Public St�e �of Te ��a � �� '�� `� � � �� °;�� .��. �� "+i°"'�wl�,��4'��'ow'�� ,�"� � � S "��7 � ^� ��r ��f�"�-��"� �� ::. ��'��'�"N��'�a""�� COUNTY OF DENTON Th is i�s�� n£��w��s�a � of the Es ate of Bobb Merhtt. � day of ��:�„_�,� � �'� �I ��,u ��, y � � Y ,�� V�� ,. � �.��,��„� �� A� �� ,�� „� �� M �� K�°*� � ,�� , ::° � � ..' � n ��, ....: �..:w � P �:, � ,� . W � � ��.�� ..� � � . �� ° �� Nota °� , ex s �„ � � � "��"� �r� �� ,„ , ry ,I'�a��l��c,��tc� ��L l a .. ; "•»'"�.��"��q�� . ,�,„* ��^ ��'�� •3�� 9a�"� � 1 � lL°� "� l".�"'!'�� .��"�l��s�A1u� � COUNTY OF DENTON g . y a� ��r� � �, 2016, by ��h�s�u� �� crm��C �� kno �led ed before*meCon t Mana er/De ua C M�� P tY g p tY ° �� V1� ��! �esignated ................................. ��....W..�' � _....� ...........................................................�� Representative, on behalf of the City of Denton, Texas. � � �� w��vA""y ll�V��lU�f IIL V��II�""�°V�a��ll�i�� ".�• 1�t� " ��Il�tl�tlt�,II�NV��rvNn�Vqlli� ,��"?�WV u�V �'��;�.��a � k'�,,, °" "M� �` �i n'N��PIpfPPWP IP �,d"'wl�'� k,�klu� p S I'��W��M tl� a . M",��" ��M1�;N.�.�"t�'^�°j� PIII,w�' � � � .�,"'� �a� u� ,� �o-m . �u�� NdpnuuUti � � � � �� ...�.... � _ �� ' �..� ...� ......� �� „�.��. �. Nc�t�;� � Public, State of Texas 0 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY .y� °� �� f�o.. ��'` � � F BY' i ' � � � -' .�.��f , � . �� u �� After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:\L�gal\Our CDocrs�zaents\Miscellan�ousil b\NAA Extensions\PAA3\l�terr�tt f3oss D flrc� Er�ierpras�s Nor�-ann�x�tian Agreerrteni 2d16.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 Meritt Bois-D-Arc Enterprises, Inc. and Meritt Buffalo Events, LLC ("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 97.945 acres of land, more or less, situated in the John Pearson Survey, Abstract No. 1049, the S.L. Johnson Survey, Abstract No. 683, Denton County, Texas, and being more fully described in that certain Assumption Warranty Deed dated August 31, 2005 from Bobby Joe Meritt and wife, Jackie Meritt to Meritt Bois-D'-Arc Enterprises, Inc. and Meritt Buffalo Events, LLC, filed for record on September 7, 2005 and recorded in Instrument Number 2005-111889 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 3.449 acres, more or less, situated in the John Pearson Survey, Abstract No. 1049, Denton County, Texas, described in that certain Quitclaim Deed dated October 17, 2006 from Meritt Buffalo Events, LLC to Bobby Joe Meritt, filed for record on October 26, 2006 and recorded in Instrument Number 2006-132653 of the Real Property Records of Denton County, Texas. The remaining 94.496 acres, more or less, is commonly known as DCAD Property ID 283913 and DCAD Property ID 283909, 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 Property and the Property may be annexed upon the City's institution of annexation in April 2016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein; and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. 2 The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin��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. Interriational Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; £ International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; 3 (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. z � n to Remain i��t 1 t"�"�,�1. Following expiration or termination Section 4. I:��a.��7�r��r� 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. 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, 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. 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 shall survive termination of this Agreemm�� mm ent, together with any other provisions, as may be necessary for the implementation of those sections. Owners: Meritt Bois-D-Arc Enterprises, Inc. and Meritt Buffalo Events, LLC � � � �� By �� ,�+�,v�� " .�. �� , ' � �'� � fl ��„�� ....m.. ... ... ��.�, 4; . � , ,�. By• THE CITY OF DENTON, TEXAS a�� „�� ,.° �„ „� �� "„�,�.. C t��°�a 1ir.'� r�� pp City � � �� G; c. �ta��r.. y � ��..:....M _ �,..�. � � Designated Representative THE STATE OF TEXAS COUNTY OF DENTON [ I�� .ar��t� �e��con�t was �rc�a�r��r�vl��,t��l before me on 2016, by ��_� ��,�� .� �,�=��"�",�..... � . ...�,,,,, � t��az��r �� t��t�F��ffalo Events, LLC. ��""�� ,��•��cr,��"�,� � � � � � �. the ..._. � __ day of ..... � �'�:.�.�=�"�� .nn.�. �..� on behalf of eritt Bois-D-Arc +� ° c� �� ' � � °� � *� � � m..m �J °° ��, "a�"_�.,�.�.� � �.�„"��, ..._��_� � �� ,�. �, � � � a � r w` �� .e �w „„, �qC� '� � � �k �" ..., �.. �" ��'r �� '� �*� � Notary Public State of Texas �� ,� � � a ;� ��,��M��,* � � ��^�` ��w�p�•�Q'�'� �� THE STATE OF TEXAS } COUNTY OF DENTON This instrument was acknowledged before me on the p, day of _, __ 2016, by m,. _ „ on behalf of Meritt Bois-D-Arc w.�w.� .... ....�....._.—. Enterprises, Inc. and Meritt Buffalo Events, LLC. Notary�..Pub�lic�....State of Texas ...............................� � ........................._ C 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 ...............e.......,_.. �................��_.�..—• THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas � Bam� dc��te ��r��+�u�� ;� acknow�c��cl�� before me on the �,�� „ day of � „�„� �, 2016, by � ��..A�k �° �°-�� .��"�"�� , �"�,. �... ......�� City Manager/Deputy Ci�t� ��c�s��a,�r°�`��esignated Representative, on behalf of the City of Denton, Texas. � � �� .� � _ �.+"�"�"a'� „�; U��M19w V� ,'�V�II�..�a�lli�'��"m�:;"'��"'� 4 � �� w� . � � �� k� . � �1�war��°�AreP��u��m!��"�q+�d�� lf`�;� ��,'�, �""�� .6��V�h. '�� W 4'��'m , �� ri��:�IP�� .�w "�� w" .��;a"�abn �"��"�^m�uW�@��"�w�""'�� i��" � . fl.w, d � � �� ° �� .... � � _ �� - _�� .... �� .,,,. � �. N�r�� °� Public, State of Texas % APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ��'� �;�� B T : ��'� � ��^��'; � ��.d'�� .,.�.,,� °'"";�... .. -r� �� After recordins return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 �':lC)s�rc,sl:aLx�r.uerl3\l�ppl�zeta\Lacal\iVC�cr:asc�f¢\�iu�ciowrs\'['e�sp��ttzy IIntcrne� Files\f�antent.tJua�IcraP�\ff�1��C'S"I.,CiJ1F-ta�rlauu Pa�eap�rt`res i��&1 � 376�9 P�ia�us-ain�ae��ia� ��e�€;uz�crni 2016.doc ��UV�� 9�� '' � � . � � � � � ' ' � ' � � � --� - � < .� # • . # ` ��A � � � • ` � i i� •�" � i F�i �.� .. - # �" # ' , '� . � .� � •�'. . � .. ., f � ! ' • ' * ,, . � � � � . .., i ` � � • M ` " � ' � � ' �� ` �''�� 1 ! � . � � �. .,� •�� 1 . � � ` �. ' ' .� � � �� 1 �`�I ` i� * �� , � . � � ' ! ' . '! 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' � • . � - �; • ��,- � - .� � - � � . � ��- r - �� . �� . � � ,� �•• �� 1 . �� .*. � �� , �� - . � • .� .�� - - .��- �, �-r ' ��-�� , �, •�- �, -, I � � � `' # �' �' � � ' w' ' �� . � w�, - �. - . � - � �� - - �' . w •� �� - . - � �'�� - � , �� -� . � � • - - �� s - . + -�� - � � - �� • . -� w • � , � . � �� - � � � � � r � �. . � � �, � . , . . � 1 � 1 . . . . � � � � � �� . �� . . . � . . -��:. • �- •-r �.� � , . �, - � - . �� -f �� - - - •-w r •.- . � � , - . . � ' � . � � � . �• ! , w - . �,* - w . . � . r. �� -�� - �� . . -- �- • � . �; • -�� - , �� • r,� . � . . , . � . �, - . ;- � - . • �,. r . � _ � � � �� r - � w.��- .� w �� . +�� - - �. + .�. � �- - r,r - -: �� +' � . . � * ' �� - �- �� r� . , 1 - �� . . . � ,. - . � r � - a � .� � . �� - . � � . , . •� � . �� . � � r� -� � ,�, + - - � � -� . • �� - . � � � ♦ . �� - � , � �� - � �� . • - �l • , r� E AS, based upon O ers' representations and City's investigation, it appears that the Property still eets the eligibi�ity criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and E AS, the Extended NAA executed by City d Owners expired on arch 1, 2016; � E AS, the City desires to allow the Property to re ain in the City's extraterritorial j isdiction ("ETJ") far the te of this 2016 non-a exation agree ent (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 E AS, the Owners ac owledge and agree that if the 2016 NAA is not executed with the City within the ti e allotted, then the O ers 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 a exation in Apri12016; and E AS, O ers hereby accept this offer and agree to the te s of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the ter of this Agree ent; and E AS, Owners and the City ac owledge that this Agree ent between the is binding upon the City and the O ers and their respective successors d assigns for the te of the Agree ent; HE AS, this Agreement is to be recorded in the eal Property ecords of enton Co ty, Texas; NO , THE F , in consideration of the utual coven ts contained herein, the Parties hereto agree as foliows: 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 Agree ent. Section 2. �)�.��I�a r��.�,�� Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensians agreed to by the Parties shall be limited to f -related and ranch-related uses and custa ary accessory uses, and single-fa ily detached fa or ranch dwellings, provided that no single-fa ily dwelling ay be located or const cted on a lot s aller than five (5) acres unless the lot was created prior to the date of this Agree ent. The property o er ay apply to the City for division of the 1 d subject to this Agree ent into parcels, each of which is at least five (5} acres in size, for the p oses set forth in this section � ! �.' + �',. ! ! � �,... . • .' � + ' ! ` : �' ' !1� " � � , � . � ��. � # . � � ��- . � • _ �' � �'�,�- s ' : � � � " � !�`' � . � i • �� f' �� , 1' '� �� • � • � i��• / � ' 'k ' �� r ' �',�'• � �' � ' � � � ' �'� � � '', ' � •.'1 •' - �� '! �` .� � � ��' �'' � . . .. . � . . � - � 1! ! �r �' . � '�� f r �' - ' � � ��; ' � :� � � �' # � � � i w y ^ �` • • . !'� � s ' ' .� �`1 '�� ! ' " '' ' �� " � � � "" ' � �' - - ^ _� ♦ � ' <, ' ' ' ' �, ` �� '�� '� � �� #. 1 ,# � �"� ' ��.` � �' ' !f ' w��` 11, +��; � - ��#-t , � , • . ,. + , � + ' � • , . *.� 1 �' � �' .� �, . � � � � * � '�� # . �'�� '�. 1 ! �# . '1' ` �• � . � #' ' �`� ` '�' � i ' ! '+ '�' . �. , � �' "��• ' i ' �r .', ' ��'�• !�" �� s# � 1` � ' � � � ! � ! � � � .�. . �' � ' ! w', . " . 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' �� ' ,' ' +' ' .' • 1 ! ' r '� �� ' .! �... � "" � � � ` ..' ' �. • ' � ,r . ' �' ��.., ' r . • � +�' ".. � ' n' 1' � •- ' !• ' �!� •' � �' � � � 1. . �� ' �' • `! ! . , . t ��• • � �' !� ��'• � # �' � * � « � �. .� �� . ! �, . � _ _�� . � . � .. .� � � � . . _� � ' � .; � " �' � � �� "�� ' . '� i !�'��, � �� . �� '� ' � � � � � � � - � _ . � � - ' � • � � ' � .• ' • �,'' ''' � ' � ' '� ! !' � " '1 � ' � *'�' �' * . - #' ' �'� ' ! . . �"' � w' '• ' �!' '1 ! . . . i � �' . . • . '# � ' *, ' �. �f � �, ' ,;' ' �• . R . . � ' � � � ' ' ' � ' ' " � � '�� . 1�� ' . 1 � � ' .•'• � '! � � . ' � �- - �� . � !i � . . . � �, � � .: �. . •1 ' � �`, !� ' � �' ' R �� • , - �' ' !► . R � ., � 1 �'� � ' � ' � ' � . �� i � , . . . . � . .,'�, • � l��' ! ` .- � � ' �� i� � #'� � � ��,I • #� •''��'� #' � �,' � � � . � �� '� �:,� , � � . �� ' '� ' . i • ' • ' . ' . � � ' � *'� r � i �' ' # � ��. � '' �+ . � � . � ., � + � �� . � � . � « , � j �' � 1 � ��' ' ' � " ' �� ^ � � ��' � �1 �i ' '��! � ' � � � . � � . �" � � � � _ ��,��.. � � ., � � � � � �. L� �" ,..� �',, . � r • '�, � 1 ' � ' ^,• `-. ' • •..'� '• ..� �.... � ��' . �� + '.. +;; '• .• ► . 4 � #�' ` + I'' # � ` f � . « � � . r r � 1 � s ' ' # 1 ! . � , ' a +' 1 � ' ' ♦ ! ' + �,� � � . � ��_ . 1 � I # � ' � � ` r; . � � �� 1 . '� � - � r � _' . � ., • � f. . � * - * = R , '. � �• � . # • • �` '! � !'� f . ' . � � � r�# ` City of Denton, Texas AT : irector of Planning and Develop ent 221 N. Elm Street enton, TX 76201 Section 7. ecordin�. This Agree ent is ta run with the Property and be recorded in the rea� praperty recards, enton County, Texas. Section 8. Severability. Invalidatian of any provision of this Agree ent by judg ent or court order shall not invalidate any of the re aining pravisions which shall remain in full force and effect. Section 9. e edies. This Agree ent ay be enforced by either Owner or the City by y proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agree ent thereafter. Entry into this Agree ent by (7wner waives no rights as to atters not addressed in this Agree ent. Section 10. Ch �e in L_a_w. Na subsequent change in the law regarding a exation shall affect the enforceability of this Agreement or the City's ability to nex the properties covered herein pursuant to Section 4. �. w . . �. , �� .. --� • , •^ �. � � - , . � .,. _ y_ .�,� , . . . .� . � . � � ,. � . _ , • • . � - •. . � •� . . * ' . w � � • . � . - , � � � -�� . �� -�� - . ., w,� � � �, _. _�� _ •, � . �, . _ � _ .� . , � . . . ��,.w _.,,._ . , • . �.� . , ,�� - r�-� �� .� .* � '. . � # � . �� - , - � -� � . - • . �, � , - , -�� - ♦ : . . . , � * • , -- - �+- - � . � � � . . •- . . , � - � - - , � . w • - - � Owners: Harlan Properties, Inc. �w,m . �� BY ��. ---- -- ..�.. � � �" a �� , ;ii , �;c � ...__��_'��.�..�., __.. �........� ..................n.. ____-- THE CITY OF DENTON, TEXAS �� ,�TM •�m, � � � � * �� $y � � �,,�„,�� ,� � �mm .�� . ,_ City �^�:��,�1��i,v City �:z��;�;�°, or Designated Representative THE STATE OF TEXAS .Q Au-� COUNTY OF �9�T , r � This mstrument was ��I�Mr��l�:c��;�1 before me on the �_ day of __ � � 201�pb sUResH �� rra __ . .._.. , y ��a� � t� 0 E►�T of Harlan Properties, Inc. � �.. �� ry �, � � " �� ' �� . ... � � �� N��N��y � u�� ........ ........ _ � � �� ; "�p��° of � � ��,�� *""°'�'� � wNN,� THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 2016, by _ __ ---- C� THE STATE OF TEXAS COUNTY OF DENTON } Notary Public, State of Texas This instrument was acknowledged before me on the „m,m,,,,,,,,,,,,,,,,,, __.p day of 2016, b . Y ..........� ............................� ...m. �.m_ _______�� 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 � ��, � N��Ci�� IMana�Mer/De u4�� Ci � M�a a�er/Desi n� ��X � I��uw aNt��u�N��r��itt �w��x ��;��ia��,�l��l�r��°t� I°�c.��a,ai�� C �. �"��....��"J �,�� .�. �"��"��.�� e..... . ...�z tY g P �3' tY g � ated Representative, on behal�f of the City of Denton, Texas. ... �� .�° ��o.�� a�� m��„� � �, Po�m�R� � �N��m�W�� ,�� ;�"�� u �V�1�V'��'�"�"M'm�d�N�Vtl'rri�a�"II�'��'�d ��'4u �� ?��'� �`� ��°�w' �wn�;��V�u�, I�*��.��u ��-��-"��M � � �� f� 7� ��"' ,�,p�il�u��'� V�M �,u� � II i��"� �� , �� , "�Aat9Bd4�'vN""� . ..�,��, �ww wwm��l� � . �IWV..�� I��uuwu Ip�m�W�IIW&1��..�... W ,,, Not ,,,,,, . � � �,, __�� ............._ ..... _ ._ _ _ .... ....,. a Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY F �� + � � .. w � � BY• "�'��'�� ,��.� � .�,__ . . ..�` � .. �. ��_�..._ � � p� ...,, �-''� �' � � 4 �a°� � ' ��/ �;„„� � �rc i � a� � �: �. '� v �� ""�°r��°�� ,�� : After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 �:�GJscu�s\sr�erteeA l�\A.ppl�ata\G.ac;�tl\l�iicr.�saa�i\�iUin�daws\'C'�r��sax•ary Intern�g k� ik�:s\�anCezlt.�i�tla�k\S�M%� F�,�;,7\k€ar.�ar� F'rc�pexQies 1676�b�1 6(7�b2$ 3i6�� 173�b11 I�[��r�-anrr.e��ttian Agre�e�7erit LQ}1G.c@oc� � �, � �: fl V � u:� A�'� � � 2.�� .� • . � , � . �� I , 1 . . � . . . , .. . - - -� w � , � ' � � 1 . � - � , # w�- � �i w��-� -- - � R- � • -�� . � . . ' ��- . � . � � ��- • . �i - - - . - •- •'w r �r- . � ��- !- � � , � � ��. .�. w • . • �I _ �. . - -� �� . '. � ' - ;- • •� � , . � . • � ` � - . -• - � •�� . . � , � ��* � - � .. � . . + . � 1�• . • ' - ♦ � . � � . � �: ! �� • r - . . � � �- . � _ � r . •' � , �� . - . . � � � �' � - �� . �� _ �. •• . � •�� . !� . � , . ' �� - -�i w ��- � � �. •� . r - ��-• � - � ��'�# '',,- �# � _ �.� '•�- '- �• � �- � w - . ,� •�1 �. - �- � - � r � , I � ! ' ♦i� I � r•• I , � � ��,� I rl� : I � I ' �i� I r:r � I �I ' �, � .; � . � � '' � : .� - .� • �� . � � � - � �„ - , - ,� . � . . , � . � • . # ��;• , w - � w . * • , • •i �' w � - ,: , � �- : * ^ •- �-w ,' - . . . /--� ' •# ' •. -� � r- . . . . . � 4�!- � , ��,, ! � . . �� !�`� . �. .,� . ' � •, � ' � . �♦ ` • • • ' �. y l � • � ..��.. � ' .� # ` •��.. *.. ':. / � � � � � �.. � ��. � ��... � "' ' • � . I �� ' � � „ I � w , � - w r � � ' � " � �'�� # � ` i � � ., �, � : . !, * . • * • � • � 4 �. . � i� � ��. � � y � R �.. • .... * � ..... *� ., � � �'.. ' , A i • � � � �'�.. � ,,. � " � ' !� ' • � ' � �� • � � " • � � � � � • � � � ��' • • i � � ' • � � '+ � *' ' ��• ` •" •'�', � •!`' � � •', •,' w � ! • � ! � � ! � � ' � #' � �� ; � ` � r ' � ' � ��,, ' ' � • �' ' ' . • i ' ' � � ' � �� ` �� # ! . � ! • � • 4 � � • , �'�� 1 � � � ' ��: . # � , . � ' � .: . ' �' � � � ', f a � �1�• �� a �� ! . � � `�� . ' �� . # � � � - �i r � ' � � � �� ! ' a ' . !�'�� ` � � i # . ,� . ., • ��` • � � � " � '� � � � ' �' � #�� ` ! # •w' ♦� � . ! ' • ! ��` * " � i � �� # -. . �# . �� .. - � i � ' �� •.� � ��" � •�'� f �� - ♦ ', i �' � •' ' � ' . �,' � . ! • f'' � - � - � i � • ` ' � � • • � �' i'� ! �� '� � • f � � � � # ' ' !�, � " � � � • '� �', �� • 'f W E EAS, the enton County Appraisal istrict records show that the Property currently is appraised for ad valore tax p poses as land for agricultural or wildlife anagement use, or timber land pursuant to Tex. Tax Code chapter 23.C, , ar E; d W E AS, based upon Owners' representations d City's investigation, it appears that the Property still eets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, d the Tex. Tax Code; and E AS, the Extended NAA executed by City and O ers expired on arch l, 2016; WHE EAS, the City desires to allow the Property to re ain in the City's extraterritorial jurisdiction ("ETJ") for the ter of this 2016 non-annexation agree ent (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all p oses, until such time as stated herein; and E AS, the O ers ac owledge and agree that if the 2016 NAA is not executed with the City within the ti e allotted, then the O ers 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 exation in April 2016; d 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 ter of this Agree ent; and E AS, Owners d the City ac owledge that this Agree ent between the is binding upon the City and the O ers and their respective successors and assigns for the te of the Agree ent; WHEREAS, this Agreement is to be recorded in the Rea1 Property Records of Denton County, Texas; NOW, THE FORE, in consideration of the utual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuationw of ETJmm Status. The City guar tees 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. evelop ent Pl . The O ers covenant and agree that use of the Property for the ter of this Agreement and any extensions agreed to by the Parties shall be li ited to far -related and ranch-related uses and custo ary accessory uses, d single-fa ily detached fa or r ch dwellings, provided that no single-family dwelling may be located or constructed on a lot s aller th five (5) acres unless the lot was created prior to the date of this Agree ent. 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' � �' ' � " � '• "# � � �, . � �� •' '#� �!� .' # �' • � � . . 1' �' � • ' • � _ � ' " _ , . . .,� � � � � .. . . � „ •' � .' ! �' ' . � i ! � .' � - � � � ! . *. . � . ♦I� � � �,, . � �, , . ��,�� '�� . � ' .'I � �� "�'• � - �'# ' +'� � ' ' �' ' � ' I t � ' r i'- � �- '�' ' ��' '�, , ' . . � �, , � '! � w� •� •' �� • �' �' �! � � ' � � � '' ' ��' �'� �,�� + � +'� � - � �� ' . . • � ' ! ! R . � I '' ' � i j - � � # . . � �' + � . . �' 'i�• . ! 1 •� " � �r . �; ��_ �, . . ',' ' � 1 - � • • , •'• ' • � • ' r �' � � �; '' . �' . . + �� * . • � �' � i� � f • �� # • �'� � � �� ' � � !�' � � * ��' 1 � � .�. i �', ! ." . �* . .. ' - , � � ` �, ' �' � � ` � ! �' } � . � _ ' � � ��, � � � ��' ) �� ' # # � � ! �� + �� '� � �� ' � �' . �I � +� ' � � r • ! �� '„ '� � � � ! � � • � ��` �,• � ;� � f': • � 4. � � �� •'^ �'� `� � � ,.. • �. " � • � .# ' ;'� "� ' .... � • •..� `• ,.:` �.;' � � �.� • �' • i i s.;� ' • �� " � �' `' ' � � # � � . ., � � ,� � � ' �, � �� ' ' � � � � � �� ' � • � , ` � , - � �- 1 � -' � � ' ' . •� � # ' R � /. � ♦ ' • . ' ! A ' � � ' * ' � '� w � " � ` � �� - ' . �, ., �# • 4` ' � , . � ! �, .. a �i' # ` # ' � �' ',,� .'#'1 # ' , ' # f sif " City of Denton, Texas AT r Director of Pla ing d Development 221 N. El Street entan, TX 7620 i Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real praperty records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agree ent by judg ent or co order shall not invalidate any of the re aining provisions which shall re ain in 11 force and effect. Section 9. e edies. This Agreement ay 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 Agree ent thereafter. Entry into this Agree ent by Owner waives no rights as to atters not addressed in this Agree ent. Sectian 10. Ch ge in Law. No subsequent change in the law regarding a exation shall affect the enforceability of this Agree ent or the City's ability to a ex the properties covered herein pursuant to Section 4. �. � _ . �� . �� . , .- • . �� ^ � � ' ��•� , � - � � - � . ., .. _ �, �. . �,. . - - - '�� i �� • w �, . � - � . �� . �� • � � - - � '�� , � � . � ., , � , �� - ' '� . . _ . �.� # , ._ .� � . �, . - � - . • • , . - � -- -� - � � , _ , _ � . , ��. # � � � � . . , �; , . # � _ . '�� _ - -� �, ` � - � , � -- - _ . ..� � _ - -� .� �-�� - - w'�-• ►� •'�� .+ � • - t ' � . '�� r� � - �� - w -� . - � , �� . - , . � ��- � ��;� � �� • : � . � � - ��, � w� � . , _ �� . �� . . � � � * � . . �- . w •' . �iw • - w Owners: Harlan Properties, Inc. ��"�� ..,��,.�,._, �..�� BY�..�......m ..............:. ...................��..........�ee,,,,,_�__......___ �_�..........�.�..........�.��...........m suaesN sNa�nN�w►Ni � � � THE CITY OF DENTON, TEXAS �„��,�.. ��° � � � � .�.� � �;�� mw � � � �� By �__� �, � �.� � ... ..��,� �� ...,... City ��r<��,�� w��a��i l^� City ��, or Designated Representative THE STATE OF TEXAS i� AL�A7''��T� COUNTY OF BE*T2R'CIT . � This instrument was acknowledged before me on the 4- day of __ �� ,? �� y 201%0, by s11RlsH sHRIDNARANI , �,z r S�►� ��I 7 of Harlan Properties, Inc. 9 THE STATE COUNTY OF DENTON � �� A� � �� "� ��.�'�--�—� ��:� ..�e. ________ ��i��°,y �"a �i�, ��1� �:a� ��c��; This instrument was acknowledged before me on the .........................,,,,,,, m,, day of 2016, by ..—..------- C� 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 day of 2016, bY ................�.�......�.�.�.�.�.�.�.�.........�....._._.__...� THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas �I I�i� u�� r�°��;� ��. �^�: �� acknowN�.c1�,s��:f before me on �:M�� „� �;� �i��^ c�l , . � , "�(N 1 ��, l�r� �..�, Ci �h��ar�� .M/l�� at �:�:AI� f'�'�� a�r°l�a,�i �ta�t��,�� _..�� —��'�" ��. �.��...� .______--_.� tY � � �1 �" Y � ��, �, � Representative, on behalf of the City of Denton, Texas. �� u�� <:"�"�m`v��ri��, 1��''��N�� +��,8�d'��'I�Ii�im��i�M� � �' Bu' U�oui��d"�"�'�°�4��,��m��'� "�II`dM�� ' �� ..��w� �� u... �� p�� > � �� „w ��° ��m��u��u�� . �� * �� fl�,p � �_ �� ,�� , .. �� w�� : �� o � � ��....��... �� :.. �� r� Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: `�� p �.. ��' #� �w� � � , �� fi �� „� �n��'�'„ �� „�,,�� A. f�,,,,,.,� 8 After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201