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2016-120 %(+$1$%$1$-"$%.1, 2016120 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct Other %(+$Ș2ș#§º«(´¯º¯§²¹ AmendedbyOrdinanceNo.201623108/16/16JR S:\Legal\Our pocuments\Ordinances\16\PAA4 accepting non annexation agreements.doc •�� • 1 . 1 AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE NON-ANNEXATION AGREEMENT(S) FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS PAA4, AN AREA OF APPROXIMATELY 1,555 ACRES LOCATED ON THE SOUTH SIDE OF MILAN ROAD, NORTH OF LOOP 28$, EAST 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 WHER.EAS, in 2010 and 2015, the City annexed portions of the area known as PAA4, an area of land which abuts and is adjacent to the existing corparate limits of the City of Denton, Texas, and is more particularly described in Exhibit A and generally depicted in the map attached as Exhibit B, both of which are attached hereto and incorporated herein; and WHEREAS, Section 43.035, Subchapter B, Tex. Loc. Gov't Code requires the City to make offers of non-annexation development agreements to the owners of all properties in the subject area which have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland within the area to be annexed; and WHEREAS, under a non-annexation agreement pursuant to Sec. 43.035 and 212.172 of the Tex. Loc. Gov't Code, the land subject to the agreement retains its extraterritorial status and the owners of such land must abide by the City's development regulations as if such land were within the City limits, as provided further in such agreement; and WHEREAS, the City has previously offered said non-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 Dentan city limits; and WHEREAS, the owner(s) of same eligible properties within the subject area accepted the City's offer of new non-annexation agreement(s), where other owner(s) either did not accept the offer within the time prescribed, or the properties otherwise became ineligible for such agreement and are therefore set to be annexed within the time allowed by law; and WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of the City of Denton to enter into such non-annexation agreement(s) with eligible property owner(s) in the subject area, who timely submitted non-annexation agreement(s); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: s:\legal\our documents\ordinances\16\paa4 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 PAA4, as described and depicted in Exhibits A and B, which have been properly executed by the owner(s) of those properties (or that property) and which have legally sufficient property description(s), are hereby approved by the City of Denton and are attached hereto and incorporated herein by reference as Exhibit C. SECTION 3. The City Manager is authorized and directed to sign the non-annexation agreement(s) contained within Exhibit C for and on behalf of the City of Denton as a ministerial act, but with an effective date of this Council's action on same. The City Manager shall further arrange forthwith for the recordation of the non-annexation agreement(s) in the real property records of Denton County, Texas. SECTION 4. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 5. This Ordinance shall take effect immediately on its passage. � ::�:.. .... . �"� �'� �... � 2 016 . Passed by the City Council this ,� , day of � w > I�� , ��r r� �,.��`�"°�� 4, '�r �� ....m�...—_ � a�., � ��..... �_�— CHRIS WATTS, 1'�'� �.'�`( )R ATTEST: JENNIFER WALTERS, CITY SECRETARY � . m,. BY: � � N � .. � .: _ �. ...... �....._ �11�1''t�� '�"^:��:� e��:.� TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � E � � �� : BY: '� ��' `w�„��„�'�.� �' .�.,. ._,�� .� � ��%� �� ,� � . ��„ _... �.. _ �� ^ µ.� 1. Page 2 EXHIBIT "A" Annexation Tract PAA4 BEGINNING at point in the present Denton city limit line as established by Ordinance 2008-137; said point being northwest corner of the annexation tract described therein and also lying on the south right-of-way line of F.M. 3163 (Milam Road) 2008-137; THENCE Sauth O1°08'3599 West cantinuing along the present Denton city limit line established by Ordinance 2008- 137 a distance af 2,996.05 feet to point for corner, said paint being the southwest corner of the annexation tract described therein; THENCE South 89°10'0099 East cantinuing along the present Dentan city limit line established by Ordinance 2008- 137 a distance af 2,457.02 feet to paint far carner, said point being the mast northerly shouthwest corner af a City af Denton annexatian tract estahlished and described by Ordinance 2007-077 (Tract 1); THENCE Sauth 88°54'0499 East cantinuing along the present Dentan city limit line established by Ordinance 2007- 077 (Tract 1) a distance of 197.47 feet to a point for a carner; THENCE South 02°28'S5" East cantinuing along the present Denton city limit line established by Ordinance 2007- 077 (Tract 1) a distance of 965.89 feet to a point far a corner; THENCE South O1°00'3399 East continuing along the present Denton city limit line established by Ordinance 2007- 077 (Tract 1) a distance of 539.43 feet ta a paint for a carner; THENCE Sauth 00°04' 12" West continuing along the present Denton city limit line established by Ordinance 2007- 077 (Tract 1) a distance af 2,64930 feet to a point far a carner; THENCE Sauth 00°26' 12" West cantinuing along the present Dentan city limit line established by Ordinance 2007- 077 (Tract 1) a distance af 668.18 feet to a paint for a corner, said point being a southwest carner of said Ordinance 2007-077 (Tract 1) annexation tract and lying an the north line of a City af Dentan annexatian tract established by Ordinance 1985-151; THENCE North 89°11'3599 West cantinuing along the present Denton city limit line established by Ordinance 1985- 151 a distance of 575 feet to a point far carner, said point being the northwest corner af said Ordinance 1985-151 annexation tract and also being the nartheast corner of a City of Denton annexation tract established by Ordinance 2007-077 (Tract 2); THENCE Narth 89°32'4" West cantinuing along the present Denton city limit line established by Ordinance 2007- 077 (Tract 2) a distance of 2,128.41 feet to a paint far a carner; THENCE Sauth 00°03,2899 West cantinuing along the present Denton city limit line established by Ordinance 2007- 077 (Tract 2) a distance of 26.07 feet to a point for a corner; THENCE North 89°32'32" West continuing along the present Denton city limit line established by Ordinance 2007- 077 (Tract 2) a distance of 972.02 feet to a point for a corner; THENCE South O1°35'23" West continuing alang the present Dentan city limit line established by Ordinance 2007- 077 (Tract 2) a distance af 1,003.38 feet to a paint far a corner; THENCE South O1°34'OS" West continuing alang the present Denton city limit line established by Ordinance 2007- 077 (Tract 2) a distance of 932.20 %et ta a point for a corner; THENCE South 88°29' 1299 East continuing along the present Denton city limit line established by Ordinance 2007- 077 (Tract 2) a distance of 1,541.64 feet to a point for a corner; THENCE 00°56'25" West cantinuing along the present Denton city limit line established by Ordinance 2007-077 (Tract 2) a distance of 185.30 feet ta a point for a corner; THENCE South 88°09'0299 East continuing alang the present Dentan city limit line established by Ordinance 2007- 077 (Tract 2) a distance of 498.78 feet ta a point far a corner, said point being a southeast corner af said Ordinance 2007-077 (Tract 2) annexation tract and also lying an a west line of a City of Denton annexatian tract established by drdinance 2002-257; THENCE South O1°06'36" West continuing along the present Denton city limit line established by Ordinance 2002- 257 a distance of 6 feet to a point far a carner; THENCE Narth 88°31'4299 West continuing along the present Denton city limit line established by Ordinance 2002- 257 a distance of 624.97 feet ta a point for a corner; THENCE South 02°02'28" West continuing along the present Dentan city limit line established hy Ordinance 2002- 257 a distance of 40 feet to a point for a corner, said point being the narthwest carner af a City af Dentan annexatian tract established by Ordinance 2007-077 (Tract 3); THENCE South 00°23'0499 West cantinuing along the present Denton city limit line established by Ordinance 2007- 077 (Tract 3) a distance of 1,765.70 feet ta a paint for a corner, said paint heing the southwest carner said 2007-07i (Tract 3) annexatian tract and also being on the east right-af-way line af Bannie Brae Road and being the northwest corner of a City of Denton annexation tract established by Ordinance 1980-026; THENCE South 00°12' 1399 West continuing along the present Dentan city limit line established by Ordinance 1980- 23 a distance of 450 feet to a point for a corner, said point being the northeast corner of a City of Denton annexation tract established by Ordinance 1982-4; THENCE Narth 89°04'2499 West cantinuing alang the present Denton city limit line established by Ordinance 1982- 4 a distance of 1,791.93 feet to a point for a corner; THENCE Narth 58°21'2499 West continuing alang the present Dentan city limit line established by Ordinance 1982- 4 a distance of 926 feet to a point far a corner, said point being the southeast corner of a City af Dentan annexatian tract established by Ordinance 1986-6; THENCB North 00°25'S9" East continuing along the present Denton city limit line established by Ordinance 1986- 6 a distance af 1,845.44 feet to a point far a corner; THENCE Narth 00°22,2899 East continuing along the present Denton city limit line established by Ordinance 1986- 6 a distance of 506.6 feet ta a paint for a carner; THENCE South 89°27'0099 East continuing along the present Dentan city limit line established by Ordinance 1986- 6 a distance of 1,033.4 feet ta a point for a corner; THENCE Narth 00°22'2799 Bast continuing along the present Denton city limit line established by Ordinance 1986- 6 a distance of 564.11 feet to a point for a corner; THENCE North 89°31,3999 West continuing along the present Dentan city limit line established by Ordinance 1986- 6 a distance of 2,485.31 feet to a point for a corner, said point being the northeast corner of a City of Denton annexation tract estahlished by Ordinance 1998-224; EXHIBIT "B" EXHIBIT "C" S:�Plannin�\Aneiexations12016 t�nnexations\1VCJ\3 4.16\PAf14�EBeFirens 2026161Van-ar�nexatian 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 Laura Behrens ("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 16, Block A, of Milam Creek Ranch, Phase II, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet O, Slide 385 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed dated May 21, 2007 from Hicks Family Trust, formerly New Britain Investments Co. to Alatzas Family Limited Partnership, filed for record on May 25, 2007 and recorded in Instrument Number 2007-61424 of the Real Property Records of Denton County, Texas. Said Lot 16, Block A, Milam Creek Ranch, Phase II, is commonly known as DCAD Property ID No. 202616. 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 �� ;1 :", � "a �;j ... r, d i . I „f��l:� i '��.1 I I° �� WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in April 2016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin� Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference 2 with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§17-141 —210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, 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. 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. Venu�. 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 �"� �` �- � � . �.� � ..........:.......,.�..... �� ,� ° � �� °" ��"� �`� �� `��......... . __�""___________ � Laura Behrens 5 THE STATE OF TEXAS COUNTY OF DENTON } THE CITY OF DENTON, TEXAS �� "�� B �� y: � �, � �_�. City 1"'�� , Deputy CitymManager, or Designated Representative �,� ,� I�a� ��;Iimr.,r��A�t e��a�� :��ua.��a�cl ��•� �� na� �9�� ' c.��;y ��I" �� ,:�;';. 2016, by Laura Behrens. �°'� ""�� A.� CHAD JUSTIN WELDON �"� �" �, Notary Public, State of Texas ' ��,�,�, y��= My Commission Expires `w��,�� June 27, 2017 � � .e THE STATE OF TEXAS COUNTY OF DENTON } } �""�� >o.,,�� , ��. w�,» � .,G��,� ...,..... � � � � � �. „�.. ....... � .. .._m.m......�._.__ . Notary Public, State of Texas This instrument was acknowledged before me on the 2016, bY .........................................................................._� day of 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 __ , THE STATE OF TEXAS CK�1�1► Y�(�] ��7 �1 � Y C�� I } } 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 �..—,._��° �"�........�� '��"" ��:beforeryme oy the ger/�Deputy City �S= �ry � -� 2016, by � � � u� ��"� �" �..� � � Cit Mana ��d�� .N°/f�esignated � � N � mstrument � �r � � Representative, on behalf of the City of Denton, Texas. �� . �� h ^ �„�t^^4 � +� Q � ' . � � I �I C 1� r�4 � h� � r'� 9 r � ��w,� .. � v w ��, r� '� � 4Vt";b"Id+I^'v 4t4H'�19P I�a4f!':P3P Yp %��"4'.�0 � � � ��,�� >��b ��o� � � � � � � rr �z��...., � h"� � '� �kri�4��V""��`��l�i�'�'uS!�i� �� woum � u�aw:w��w�rwiwir�� .� Mouiaioa��oum . . . ... �u w�.w�uwi� �uziWi ��mw��r. �». ,�... � � � � ��°� �"°�� y� ;�` � , , =� � � � �� '� .'AA� �'N.�,.'�m � ��, "" � : �,n��w�,� l�c�t� r�� Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ��, � � � ��.._��_ �: �� . BY � � A� � ��..,�� .��d�� u � �p� . f µ�� w,:� f�� .i ""x P � ��.w. / � ��u I „'�I{,,,� q�A�,�4.7''� � b."�'w V � r k�,.,�Y„� .�..� �� .�� ,`; After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:\I'lannin�,tAnnexations\2U16 Annexatic�ns\IVC7\3,4,16tP�4�14tMack 37420 iVe�n-annexatioa, t�greement 201 Es,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 Suzanne Mack ("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 87.452 acres of land, more or less, situated in the John McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described on Page 485 of that certain Special Warranty Deed dated December 8, 1989 from J& L Partners, acting by and through its manager, L& J Management Corporation, and its partners Josephine Hughes Sterling and Lewis R. Cauble to Rancho Vista Development Company, filed for record on December 11, 1989 and recorded in Volume 2695, Page 465 of the Real Property Records of Denton County, Texas. Said 87.452 acre tract, is commonly known as DCAD Property ID 37420. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 (`Bxtended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loa Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in April 2016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). 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 2 with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§17-141 —210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 —457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, 3 as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntarv Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. 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: Directar 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. Termwwwand Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. C:��r�u��w ,� � �, ,°"r � �. � � N � � �'"� rr�:,,� � � � �� G , � � � �� , , � �w w_ �;��.�it�rbc. Mack ..... .... THE CITY OF DENTON, TEXAS ��s, � � � �� ,.� �� By: ��...�� ' ��, ...� City q"�C��m��'�.;�r�, ��r��ty City t��.��•� or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the _�"'�"" � 2016, by Suzanne Mack. �,��p��tl � � ArHFNiA S GREEN �N �� ,� mmivo�ary �ubl�c, State of Tr�x�� ^��'• � = Comm. txpires 11-22•2019 �'��T ��k"`�� No'ury ID 129808227 tl�dl�iNYM'� THE STATE OF TEXAS COUNTY OF DENTON ,��. day of �� -.� ��............—......_ ......................_, � This instrument was acknowledged before me on the 2016, by day of Notary Public, State of Texas G 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 �� y 8�� , g�� pC,��Ty cad LL ��.�°��,� , '��N � �;r�P ��_�''�� e �� ^��tl�.s,��G,fl before o��:Cit�� Mana er/De u ("i� �k�rd�a� ,Wc.,�/l��r�x w��;a�. -- _ Representative, on behalf of the City of Denton, Texas. - ,,,,�m �„,„�au�,u�ar�wmwW�,u��ww�wiws�� m�m.. muoomw .. :�ro��. � a��nPY �� a�� u��u.� �� M�u��i�� W �, � � . tn � � II:�� ° .,��.,V4��"�I'�'�u& ��^i;;�''�� , w �' ° � ��-�"� �"��D � � � � � ��V�� 4V" i w��r'c��"�,.� ll�ll��!��1�"�°��Il��.��u�� ! �a��»� �� m� rt�wiu�ioioi�rr�mmN��m�iuuu��ti,� �� `^�.�"��;� ��. ��`�`�� °� �"��'�� ... Nc�i{��y Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �a�� .;� � ��° � � � BY °'°,�""�"�� ,��,.��M_ � °� _ ____� ..__ '��-___ �. __��;o� After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�PlanningWnnexations�2016 Annexations�IVCJ\3.4.16�PAA4�F'inch 37729 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 Ruby Finch ("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 44.823 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Correction Warranty Deed dated June 15, 1963 from Emil M. Schertz, a/k/a E. M. Schertz, and wife, Lydia Schertz to Mrs. Ruby Finch filed for record on August 12, 1963 and recorded in Volume 497, Page 547 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT: 10.050 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed dated August 7, 2002 from Ruby Elizabeth Finch and husband, Henry Tyler Finch, Jr. to Michael Joe Schertz and wife, Amy Beth Schertz, filed for record on August 7, 2002 and recorded in Volume 5144, Page 4597 of the Real Property Records of Denton County, Texas. Said 10.050 acres of land, more or less, is commonly known as DCAD Property ID No. 244900. Additionally SAVE & EXCEPT: 5.000 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 28, 2004 from Mrs. Ruby Finch to Danny M. Schertz and wife, Sandra J. Schertz, filed for record on November 1, 2004 and recorded in Instrument Number 2004-141689 of the Real Property Records of Denton County, Texas. Said 5.000 acres of land, more or less, is commonly known as DCAD Property ID No. 273044. The remaining 29.772 acres, more or less, is commonly known as DCAD Property ID No. 3 7729. 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 � �� l� i .;? °u.. �� "D ��O � �� k�.� d �"�� .� �� WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Properiy for the term of this 2 Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Speciiications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; 3 h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. 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. 4 (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. Section 6. Notice_of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multinle Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. 5 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 � � , �_ .�.� �� .�:� ��s�—��..m...�,��. Ruby 1�a��" �„ �� THE CITY OF DENTON, TEXAS �� m ��W� By � ��"�� ^� ��.�, .._� �� "� , �� . ..,... City C'�� ,��:��at� City q''�u�.i��c��w, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the � day of __ q�"�, �'� .� ____, 2016, by Ruby Finch. ��,� mm.��.�. w� , .� ��.�� ,�� '��III'�� IIII��wllllllll �� u�� ,� ��G��Y �M�u�w��u�� '��'�� '��m�� m�'' "�'�� ' � � �M �� a�� III� �w��'� '��.�;��"��'��u��uw°� il��,�rv W��'��m�� ' ��"�� . �� ,��a ��,o� �� S � � Notary a4�lru�tat��fT��"�� .........._ , as 0 TxE sTaTE oF TExAs } COUNTY OF DENTON } This instrument was acknowledged before me on the day af 2016, bY _.� .............................,_ .�...�.�...........� Notary Public, State af Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknawledged before me an the day af 2016, bY _�_ ................__ �................��__ • Notary Public, State of Texas THE 5TATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the day af 2016, by ._.. .--- � ...................:• THE STATE OF TEXAS } COUNTY OF DENTON } Natary Public, State of Texas 7 This instrument w�� a�.�k��a�v�� s��•� me on the m"�� w day of ,r� ��M��, 2016, by �� .. �� . �"'..� �.:��'°`�' � a�_ µ�..��"��...��"�,� �"�.... ......�e� City Manager/Deputy Ci�y 1'��a��,��`F�esignated Representative, on behalf of the City of Denton, Texas. �� N�:..��v ��o �� G��""a�, dr��f6��lll i�9�t��ll�°a��V�4 ry� � 4u�tifi4Ra4�r°4°"4,n4�914 �V'��h4I C)� 7I�,:�B�ta' � �� .� � ��9�. � � �� ,�� .� M.,° µy, y*` ppq F,,rv yy qA N �,pN NY 41$' � 1111 N u 3` � I' � V� I I,� 9' D""V 4�,P� ll� 6� `. ✓ o r „ . . , .. »..w...�. , „ a...��. �n . . . . w�ar�uuww�kwn� anmf�arlPo�uiw�l�`�nrv��,yui mr��,ww�.rvimmV��raiev�n rrW�ti��'�'%a;�'Y' : APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � �� , �"° �, „ � Nc� � Public, Stat.�� _ . .......: ' � e of Texas �� a � � � ,� y �, � � � BY; ��,�"..�.�`�:_��". �`�, `�'—�-��.:,,, ",� ! ,'�,��.�...'�� " � r ,�,,� � � 1 � °� �" � � '��" � � �,1;, �'�� 1�m � ��"� �� ,� �'^^��,. � �� : After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 O:\Legal\Annexation 2016\PAA4\Schertz 247044 37731 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 Danny Schertz ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 9.00 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 14, 2002 from Jessie Schertz to Danny Schertz, filed for record on October 15, 2002 and recorded in Volume 5192, Page 3333 of the Real Property Records of Denton County, Texas. Said 9.00 acres of land, more or less, is commonly known as DCAD Property ID No. 247044; and Being 0.79 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated June 21, 2004 from Homer S. Schertz, a/k/a Sam Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; Danny M. Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; Ricky David Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; and Carolyn Schertz Mallard Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust to Danny M. Schertz, filed for record on July 7, 2004 and recorded in Instrument Number 2004-89328 of the Real Property Records of Denton County, Texas. Said 0.79 acres of land, more or less, is commonly known as DCAD Property ID No. 3?731. 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 munic�ality 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 � °°�� wi � � � �w,� .._ � � ,�� " i� � � o ry � 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. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least iive (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin�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 3 Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever iirst 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. G! (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 iurther agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. 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. 5 Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well s 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 ��L �)�v �� ,� � � �� ,. � �� '"� �� ,�_�, � � ..._' �_ ..m�,�" �� . ,_�.�m� _...... ��_ i.��err� ��'��l��r~�r� THE CITY OF DENTON, TEXAS w�� .. �� , � By � � ��" � ��'� � �.,,.� � µ City 1'�'��a�„ c,�a��:twy City ��G��;�r� or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the a� day of /�(] f"� Yl , ��r�.� ��w�� . ��u,� �� w� � � �� "�� m��m��"�� ' ��m.� �� "� .w�� m�m�� II�� '�� w�_.��., �+°W��.��_...m�. � �.�,��.� ��. � �y Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 2016, by THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This instrument was acknowledged before me on the _ day of 2016, by THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This instrument was acknowledged before me on the ................................... day of w____ ... ��................................... __ ., 2016, by � _ Notary Public,� State �� of Texas THE STATE OF TEXAS COUNTY OF DENTON } "TI��, irr�t�•G��rt��yk��,�xa��s�c��ca+�rla.��i�c�c� befare me on the ��'�� day of � �� a� 2016, by a. .....�� "'� �� M`� ��'��"� .��. , City Manager/Deputy City Gv1��,��.w��i�,a�r��cl Representative, on behalf of the City of Denton, Texas. v, �� o ��N �« �� o� NtnBON'IdNy� M'�"'!X4'�MIII , IL„ 4'W,4�� 4' ��II �fl �I�'�P'� Mq�'� " .. +� ��I��5�� °'� ��,w , w �tl , Il�d.l ��'"4� �'�IU��,..QN�"„pd"p��,'�I� h".�&II' Y � kJ"R y � ��p�� `� �i!��'��w� II��I4sm Q��°,mwd� ��"�.&'�� "�aPNd%kN&RX��'�v &�I'lli��u4'N'6W"4Ty4 m�'F��m'i��u�M�^ f � mipu.�. �-m...� ..�,��.��...� � mu,��h��wau�rv �m��m�� .I� I . .. ��'u4'NNNI�I&�WIW�NIMVWI�W��f . �.�. „„�_ � � � � � ,.�� ,� � � �.�...�� . .... y`.., i� Notar ��1 mmm.., State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BLTRGESS, CITY ATTORNEY BY: � ��"�� °�� , �� U �,� ��` � �� : After recordin� return to: ° �� "� mw � � �� db 1�� . � ��'�, �� , �.., �� `� ��-� Jennifer Walters �',�� ,w,��°�� City Secretary 215 E. McKinney Denton, TX 76201 0:\Legal\Annexation 2016\PAA4\Schertz 273044 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 Danny and Sandra Schertz ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 5.000 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed dated Qctober 28, 2004 from Mrs. Ruby Finch to Danny M. Schertz and wife, Sandra J. Schertz, filed for record on November 1, 2004 and recorded in Instrument Number 2004- 141689 of the Real Property Records of Denton County, Texas. Said 5.000 acres of land, more or less, is commonly known as DCAD Property ID No. 273044. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; �.µ, �, �� r �..,� .... w� .... ��V � l� "'p� °u �: �� :.� I II �, �" 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 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. Gor�ernin� Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: 2 (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Fublic Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part• Voluntarv Annexation. (A) If an Owner 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. 5 ,�,.� ��.�� _�_��_.W.,,�. .....w_..�., .. �".� �µ �� H� �.. � "�:�. �� - . .. �� :►w�� chertz � THE CITY OF DENTON, TEXAS � �� m�� µ„�� * .�.... Ct�� k��De ut Cit �d�� or... �' �, b P Y Y � � Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowled ed before me on the ��i a da of Qr�± w� g � Y M m,m. �_._.�...m. 2016, by Danny Schertz. � ��m�� .�� ,.��v�� w �� IIU�� ' �`�� r�m°� ��'��a:�.'�� "�� ,��,�� '��u�`�� „re.0 ��u��wur�d�� '�m��, ��µ�� m �'��'"�� o��o��M� �� a� THE STATE OF TEXAS COUNTY OF DENTON L��[.IIYLCL -�i . ��..... � ...Z Nota Public, State of Texas This instrument was acknowledged before me on the �� day of ,��,�� (�C� 2016, by Sandra Schertz. � . �� I�,� ,�� ,�� °�� a��a��°��mk ��" 1�� . "�� r �� "��a�"C� �� u��,�c�u�� ";��.;��,�� °�, �� ro� ��na� K `iC��?��....... Nota Public, State of Texas 0 THE STAT$ QF 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 m��,,, _ day of 2016, b . Y .............m...........................................................................................................�.. THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas Th�s ��^�� +��rr��t� ac�kno ��Aa�� before me on the �..��T�; �� day of � w��"�-� , 2016, by ^��..:��"��"�"��"m �� :�.��.��____—� City Manager%Deputy City 1'�'��aa��a��I��;�i��ita,� Representative, on behalf of tbe City of Denton, Texas. .. . . . d�01i�u flm�mm�w �� f WUWl�1��I �4e'�`�tiuMn "Y'M�u�q�� . � � ... � NfYI ��;��"r�� w�u� u��m��a�� *" �"� - b�� ua, ,��u� a."s� �"��:�i' i ,��,• � � �'"��m�if�� u��V+�Y�� r'��- �"� ��'W� � � �011tuNyP'�w �iw. � 4�'^�W,w"ll�W"M ri 4W�A' �� I 4"yW i�� ... � aMo�i� n��. �� rvo �.rv.ru n000 ,u . ��r�mm��oimi�um�mowomuJ��mi� �� uuoimmiu�� , . ��. �� .�� P lic� Stat � Nc>�� ub , e of Texas % APPROVED AS Tp LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY; � , �� , �� a�� ;'� � �� r� �� . ��,,�...:�,. . - ��.� � '� � �� ; r � � � ,�"� �� ,��,,�� °�,�.�. �`� ��, �� ' ��a. �,� � ,,.�, ��,�n / After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�.Annexations\2016 Annexations�NCJ\3.4.16�PAA4\Schertz Family Trust 247042 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 Ricky and Pamela Schertz, Schertz Family Trust ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 11.00 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed dated October 14, 2002 from Jessie Schertz to Ricky Schertz, filed for record on October 15, 2002 and recorded in Volume 5192, Page 3327 of the Real Property Records of Denton County, Texas. Said 11.00 acres of land, more or less, is commonly known as DCAD Property ID No. 247042. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and and WHEREAS, the Extended NAA executed by City and Owners expired on Marc: �"� � ... �'' �� ~ � �� If � Q"� �� « �� :� 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: i i f ETJ Status. The City guarantees the continuation of the Section 1. Cont...nu.at...on.....o .............. extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin��ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: 2 (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1, Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, 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. 0 Section 6. Notice of,wSale. 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 Ciry by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners: Schertz Family Trust '�5....�.. ... . u. �i y che�z � 5 ",+ ��, � � �r 1 � �.P. ��`��,��- � ,,�" "`�' � `�,�� . � Pamela Schertz ��µ THE CITY OF DENTON, TEXAS �� w�.�� ;� �M�� . By; �,�� .. ��.�� City Manager,l]��r�t� City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 2016, 1-ry �� a'��+��.:. R� � � a .,. �� .o � ��. .o�.�.0 �� ,�°��°' ,��° day �xl' "�� '� � "� � �.� `� "...� � �w: �"..._� wn d�� 4; �v n,�� p., 'w 1914h n� b ��u�� "ro ,� j� � �� @M�VVi��i�ll.�� R�� `��„ �A ��^6�4�p�,�i"uA��9u ��!��iro.�k I,��,u. : � • �� ., �� u ��7u��, l. q � fl� Yra �i:�'I �� , � ��i� m�� s�� ., "�+��us�r NY��9��Ir�� I�' ��°�+��mu�N�uorro�� . �� ..�" �� " �.� � .. �. �� . � � .ww�reu�wwwa�uwu�iuuww�iww�mwmi�wW� �OtaI'y PUbI1C� .StatO Of TCXaS THE STATE OF TEXAS COUNTY OF DENTON } , � °�� , �� .. � � � � �� This instrument was acknowledged before me on the � �:ixa� of�� '„� ,,, _, 2016, by Pamela Schertz. �� . � _. � �� p� � � ,�f� , �� ,� �� " � ��"" ��"� �....�'� � �. _� y " . �,�— �.., w ... ��,�" rr°°""°`Nc�t� -� Public, State c�l 'T"exas 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 THE STATE OF TEXAS COUNTY OF DENTON } � Notary Public, State of Texas w . � � � � �� . . Cit Ma a.� � �� a, 2016, by � �i I��Ji��tt•�, me on the er/De uty Cit� C'v��a �� lrw� i��t.N cr��c,r�1; ti�� r�.➢�a�r��v _ —. ��''"��—.�. �' �� Y g P Y � r��,�ri��esignated Representative, on behalf of the City of Denton, Texas. � � �� en�:� � � nd�aa'em� ��,.�,+�9�M� �""� �� Il�,.��i��„�r��'h�'� a ��"�'� m�� .,u°� u��'V � p �;�� G rv „�� !''� ��q� � ��°� � W� �.-� �'�� a�w�v'�,�°w �"�W w�'�'4�� W V�'"�rv� "�� °�'mdrg2re�+° omi .� .. w�wi . u�iwu'uwilu��umw�m�w�u��i .. � � � ��' �� "�� ,�� "� �, . � � Publ � �`�",�" �.. ,,�.�,. �� Ne�� ..._.. ��..m..�.._.. .�... _ " �" ic, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � �, BY: ''�"�'''��M�� °i, .�_" �,,, ��, ��r'�� ,f � �,• „.r' ti� �� 4 � � �� ,�� , �� J �. � � ��. �, � �� ,� � �. ,� � � �`��o � � P.. u , � �,,,. ,�� After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:\Ptanning`�.r3nex�ationsl2CilE fi.nnexations\NCJ\3.4.161Pt�!#4\Cra�vf'ard Living T'rust 37Q7� Non-annex�tian Agreement 2016.doc ��' .� �.. �r � �,w.. ... ' �� _.. �; �� ': � �*" w �r �:� � . ,�� CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE 2016 NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and William A. Crawford and Gladys H. Crawford, Trustees of the William A. Crawford and Gladys H. Crawford Revocable Living Trust ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 10 acres of land, more or less, situated in the John Ayres Survey, Abstract No. 2, Denton County, Texas, and being more fully described in Tract 8 of that certain Special Warranty Deed dated June 1, 2006 from William A. Crawford, aka W.A. Crawford and Wm. A. Crawford and Gladys H. Crawford, aka Gladys Crawford, Individually and in all representative capacities to William A. Crawford and Gladys H. Crawford, Trustees of the William A. Crawford and Gladys H. Crawford Revocable Living Trust, dated December 30, 1992, filed for record on June 5, 2006 and recorded in Instrument Number 2006-66861 of the Real Property Records of Denton County, Texas. Said 10 acres of land, more or less, is commonly known as DCAD Property ID 37070. 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 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 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 2 this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Speciiications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§17-141 —210, as amended and as applicable; and �. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, 3 as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever frst occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; VoluntatyAnnexation. (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. ' �erm andmmExtensimon, Unless extended by mutual agreement of the Parties, Section 13. T 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. C7�TM�r'��c°.� ,� � ,.,-� '' �, �,,�„�„� � ; �" � m�"� ��"� � ��'"` �_________..._ ... - a. � ... , ��. �e_____ William A. Crawford �-�,�.�� a �" , .' _„ �._ � .��..�..� �,� ��a �� Gladys I �: Crawford �"� THE CITY OF DENTON, TEXAS Hm��w � �� g�v. � �„�, � "��""4 ��" �� ",� B � � � � �� ' MM.....��.W m�... C t� � �ll �,� �r. . � __ m,.,..... �. y � ��Deputy�City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON } � � M�� "� a� �N This instrument was acknowledged before me on the� �__� day of ....................... ... ��.. —________,x 2016, by William A. Crawford. w"�"'"�" '� IT��'LORI ANN SIMPSON �� .n°j�� °�� Notary Public, State of Texas ��,. ��, �w My Commisslon Explres ,�`r�� ,'i�� September 10, 2016 a� THE STATE OF TEXAS ,�� ,w� � r� � .� � �� °°°.� . 0 �� .. �..... �� ..M,,.m____-___ ...... . . . �:m_____, Notary Public, State of Texas COUNTY OF DENTON } � � �� u � �� This instrument was acknowledged before me on the �.`� �� __„ ai��.� c�� I � W��r�� m 2016, by Gladys H. Crawford. �*"�:" ��LORI ANN SIMPSON�� w Notary Publlc, State of Texas � �My Commisslon Explres �: ., , „ �„„��,„q;�` September �0� 20�6 �.�� W.�....�..�.�mmp_�, . �� ,,�„ ... � ��,�� w�"� �f ��'. � �� . .... ......�.._ ........ .µ .w Notary Public, State of Texas '.� THE STATE OF TEXAS COUNTY OF DENTON } } This instrument was acknowledged before me on the �w�w_,w_,w_,w,,,, 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 ��...... ."�w �,��"��,�""�"�� ....... .......... City Ma ager/De ut� t:°bC��6Vl��,ili�wi�l��" This instrument w�v� ��l.cr��u�1�.�i �� before �rr� �:xrs ��t�i��, ��r ��"�„� '" .........��,e�� ,� �� . P Y " � � " � � �� Representative, on l�a��k��C��" of the City of Denton, Texas. � � � � � � �� o�� as�P � ,��u,�ti:° �•�. 9 +fl�� C��"�.4 �Q �� ri9�,,� u�^ '.°" rr �v 1��J'��`�9,�i"4D�!�bt4r,"�la��fl1:414 [f��°�4°'�' �I 6�� :{ ��; u ti°, u�'�4�96,� P":"'.a� G� C�d's..� �,.,�G� �'� �" �� "9ti�� w @�a�R��6��A� i ,, + �v ,� �,w �.. ��mr�wwwo��.. ��pA�''�"'"�umw�wwm��uNoiuoaw�ww �M�oimmuiwwuumi �� . ,�� "�""��t��"�'�°�„�, � — ---� , Na:at�� Public, State of TeXas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �� . a � �e BY ��u��--�� `` -` J�� N., �. �� f :'�� ' � dw�:�'� � '�� im � �� m � . � � iii�� , ' � �� n` ��"�:," �,�'�:'.,�� r� 8 After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:\Planning�nnexations\2d 16 t#nnexationstNCJ13.4.16�PAA4\FIook 37458 37466 Non-annexation Pbgreement 2016.doc �� "��-�r"�.D��i� II°�:�`3 'n.;''uV� 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 Derek and Cindy Hook ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 6.43 acres of land, more or less, situated in the J. Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General Warranty with Vendor's Lien dated June 29, 2009 from James Dale McKnight and Donna Joy O'Dell to Derek Hook and wife, Cindy Hook, filed for record on July 2, 2009 and recorded in Instrument Number 2009-80411 of the Real Property Records of Denton County, Texas. Said 6.43 acres of land, more or less, is commonly known as DCAD Property ID 37458 and DCAD Property ID 37466, 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. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin�gulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not 2 prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, 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. l,��v�;lt��1 ��.�� t�a Remainmmm �;t1-�,��.t, Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. � Section 6. Noticewwof_Smale. 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. C��c��,� „�'� ��'� ,� �°„�' � �� „�„ �� ,° � �°° �, � ��,., � �� r�l��+�1�� ......�.�,,, 5 P "� �rF � �'� � � °' �*"� " �` . � ��"�� a � .. w. .u._� _ eeeeem _....... .. � 7t�� THE CITY OF DENTON, TEXAS . �. � �,�� M�� °�� ~ � rv.w��ww Ci� � �z�� Dep � �� '� � �� .,�aa,A.am.�� y ��µ �� , ..... „�' ....... ty �, �, uty City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of ,' �� _��„_...�, 2016, by Derek Hook. � � � Notary PublicA Sta eEo�� rm��+wrr�,� N �� ,��,�'�� fTexas :� wti� '�� Comm. Expires 11-22-2019 ^�",��Nw�� Notary ID 12880822T , �....� � µ�.m�� THE STATE OF TEXAS COUNTY OF DENTON } This instrument was acknowledged before me on the , �N�ry ��I" (� 19l V V� , 2016, by Cindy Hook. �� mm �� ' �°"au�"�°"�� qTHEN1A S GREEN � �� `��"°.��'�'�� « 4W�'r��:,ry Public, State of P"�oas�� ! �� Comm. Ex ires 11-22-2019 � �'"�"� a��`�""�� p. ��,,,,,,z�M� ��atl`c��g� ID 128808227 � �,�...�.��.,�.��,,��,�, �� , ,� THE STATE OF TEXAS COUNTY OF DENTON } } This instrument was acknowledged before me on the day of 2016, bY . � __...._____________. THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This instrument was acknowledged before me on the day of 2016, by THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas g ,� � This �i7�,��aa��1 was acknowled ed before �rM°�� z�� 1�� c��zy r��_ °��.m ,��u, Ea� ��—�".. � � � �;� ,� � � � Cit Mana er/De ut L;;i1 G��r�M� ��s°1�7�;�i ��l�c� ��.....��'.�..,,,,�...� �� .....nnnnn Y g P Y ,� �� ,� . Representative, on behalf of the City of Denton, Texas. �� a�� a� ,�� J....��r 0�� A� FR�"4449 �. 4�45 4��4,N�J4��'4�'I "� �1AY � �Y �;' � 9,a+'i1'�m0^"iFf 4flN41.64:„ Ifti�I +�:7�1i fI nCr°�`a , � ,'o � 'm � �"� " fl"�:'�8��1�'e� G;,!':�Pu" zSda ��'..�"€k�'� Y YrN P0 ` ,��a�d��;� V"��4fY4�a4��Pr°ll��a�"i��s'.f�� ..��.!Wp�fl�uaM�'�."�'^'M'�w��'�i�r,W� mmMVNwuaw�Nu'Awi +iaM� re��"rwpdtt:`�'�o'�q'm+sl�nrrS'H�n�mYM�u�utlNLdY�'nwu'W91�G1.�:. � �� "''�� m . � __ ........................ ��......,,,,,,,,,,,,,,,,,,.,...._........_ N��i .r�� Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � %, � BY: � �� r�w`,� �.��"� ��J�;��"��r� �� ..� ,;� � -� � - ti� � ,°°� � � �, � � 1 �� µ � � � � �� H�.w � �� .�� r �a�� o� n�....;:�N � � ��,,,�, �, After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:\i'I�nningltAnnexations\2016 Annexations\IVC.i\3.4.1G\P�A4\�raix 374f31 2,15322 Nan-annexaYion Agreezn�nt 2016.dac 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 Alfred and Bernice Croix ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 10.80 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General Warranty Deed dated June 27, 2005 from Rayburn K. Pierce to Alfred A. Croix and Bernice L. Croix, filed for record on June 29, 2005 and recorded in Instrument Number 2005-78217 of the Real Property Records of Denton County, Texas. Said 10.80 acres of land, more or less, is commonly known as DCAD Property ID 37481 and DCAD Property ID 215322, 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 s.aid 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; RECElVED AR3Q2016 WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in April 2016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least iive (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not � prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (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 Central Texas Council of Governments Standard Specifications Construction, North Central Texas (NCTCOG Manual); most recent North for Public Works (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§17-141 —210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; Voluntary Annexation. (A) If an Owner fles any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. 0 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Co�ies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August l, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners � � a� �� ' �"" � �'� � ' � _.. �... �"... �. hl[icc `'a�°c��. �� .�'� � � � ., , Bernice Croix � � � � � �� .. .� �'�� THE CITY OF DENTON, TEXAS �� .� "" � � �� m�� m�� ,�� By° �� p�� o�� g��.�" dw oa..ov.... Cit�� z��r�� De ut Cit Mana er, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 2016, by Alfred Croix. , ° i � �, f r�� ' � �`�' " � � ,r' �" � ,� F � � r �� .. k � ��° " � � �y � �'! N�� r�� f''�al�1r�, State ca�"T�x�� -�� , ._________.. " � ��"" day of � ��H��I � � +��w , �� CYNDIORINDERFF ,� NOTARY PUBLIC �n +n STATEOFTEXAS ra �, My Comm, Exp. 04-20-2016 ��'�� ID#604670-8 THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the � day of 2016, by Bernice Croix. 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 ...��. ..................._ , THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This instrument was acknowledged before me on the day of 2016, bY ...... � �....�....� ....................w�. .,n ,��.,� THE STATE OF TEXAS COUNTY OF DENTON } Notary Public, State of Texas This instrument ��a;�� acknowN�,a.�� before me on the �� day of �� "��„��. , 2016, by -------�-�-- �� .d��'��:.� ��..m�� '�"��"�� .,.. .w, City Manager/Deputy C��.� ��.r��A��,b/N:)esignated Representative, on behalf of the City of Denton, Texas. � �� ,� �o� , �,�� oafn ..e �,�e4 h��Y. � I�16 P"i��,l�� d°.�Q.�'�'�� r� 'a � �.rfirar;�i�, u�� nd�i �� ,'u�ar� rsG u'� �.�^r '��, �� w :`�'�� M,i.aP��%9\r� I.*�fa ��fla �k ��i'��'d U�Nre Pf6�1r�1'u 1f3�^4e"a9�2� "�t, �� ' t,v �i �i��WWum!��u�w�r �uuiwwauwuum�ww��ouuuuuWu�yiuwuii�w ww��w^a��au000uuW��u�� ,��, � �� , � � � �, � N�� . ,.. �' �:�� Public,��State of Texas �� — 7 APPROVED AS TO LEGAL FORM: A1�lITA BURGESS, CITY ATTORNEY �� ,� w � �'°� � ' � �.,� `�»m + ..� J y�,,.�� 'WB�`� 0 f� BY.^� � � ""�;...�. � _.,� �.,�.. �-� � -�.�� .�� ...- �.� �� ' � �^ �� , � "�� II ��,�. �",� � � �,,r p � ,��1�`Pp°{ � y� q � y � � ��, uMl��mnM10 ��,�,m �IYe� � �' f `ow�� '��m oi�oPtl +. wl�� After recordins return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning\Annexations�2d16 t#nnexations�ICJ\3.4.16�PAA4�Peppler 37439 Non-annexatior� �lgreecalent 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 Lavena Swann Peppler ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 3.241 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Executrix's Deed dated November 10, 1998 from Lavena Swann Peppler, as Independent Executrix of the Estate of Evelyn J. Swann, Deceased to Lavena Swann Peppler, filed for record on November 13, 1998 and recorded in Volume 4218, Page 2672 of the Real Property Records of Denton County, Texas. Said 3.241 acres of land, more or less, is commonly known as DCAD Property ID No. 37439. 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 ��.�� "��i ��'',�.D'1�,J'� � �.. ��`��.",� WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in 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 Properiy for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin�Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not � prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. 0 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. 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. i� �� Swann Peppler 5 THE CITY OF DENTON, TEXAS ��, �" � �;� � �� , � �� ,�� :: . . °"""��,��" �'�"�" �� .�. Ci l�'i.�irr��°„ Deputy C��M � �.. ._ ty ity Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the ��7 ��` day of /� �C � 2016, by Lavena Swann Peppler. �� '��"� � �� ,� �� w��t�,�`� r��r ��"�� b � �� A� � � m� � �' w' ;� � � � � � � � ��w.� � � � � � �� «�� r.��"�,, ,� �� °��„� � ��d��,„"�a�� , �� ?�� THE STATE OF TEXAS COUNTY OF DENTON �� ..... ..... Notary ' , ate of Texas This instrument was acknowledged before me on the day of 2016, by Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON } } da of This instrument was acknowledged before me on the ww ww� m mm� Y 2016, bY m THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This instrument was acknowledged before me on the �w_,,,,,,,,,,,,,,,,,,,,, day of 2016, by . THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas � This instrument ��F�a�; a�%��ledged before �� ti�� x� ��. �:N�� a�l'� ��.�� ....._„ �f� � �� ay ------- ��`.��:� ��:...��".��.��"'°",�, City Manager/Deputy �°:i�� I��:N��a�„��ll��,�i�;r��rt�c� Representative, on behalf of the City of Denton, Texas. � iomff W�tl'p IbMWW� uaWUD �NO uWka I Mdm 'b�u dibY O011h ��x �1Y+,�aa«w� i�., n I�k4f"� �D"4u�"d� II U�"h� I d,�'IVi��"116��y ., � � ° �,;° � : �' � � POCII�b�'�di V'ffIt11Y'° YB�Pf �".)f'� lf dtF�`ra � ° � �" �� ,, ��, �.s�.�l�� f �J�G�� d�4� s a"��;,trCb �` °P� I' ,�, �� .:' &�@�x��%ti��"t��ft�fl�°a��l ,��w�mmu !�oo ��umo��«Niio u� w��m� m�w um�m��iu�iW�mvi o�iiiaa��uw�ro��n�!mm� �w� �m�o �� .��.�,:�� Nc�t�.�7` Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY I� After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 � A � CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE 2016 NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and Lavena Swann Peppler ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 3.299 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Executrix's Deed dated November 10, 1998 from Lavena Swann Peppler, as Independent Executrix of the Estate of Evelyn J. Swann, Deceased to Lavena Swann Peppler as Trustee of the Evelyn J. Swann Testamentary Trust, filed for record on November 13, 1998 and recorded in Volume 4218, Page 2669 of the Real Property Records of Denton County, Texas. Said 3.299 acres of land, more or less, is commonly known as DCAD Property ID No. 38256. 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 .� �,�� V„Y .�G 'i"° '� -� r' �.:o "� �`� � �,�'! � � �"� '� "� M��.�"� � WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin�gulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference 2 with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, 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 iiles any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. � Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas, Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions m ' Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. ��a��y� � � � w�,� w�� .. � _�.M„� �." � ��,�"�'� � "�� '"..... ��°�.rv��"�� " m , �, a ,�� ry ��„�" ��'� � � �' ��`:�� Swann Peppler �� 5 THE CITY OF DENTON, TEXAS � �� ,�� City ��c��.�c%�:Fs�_�eputy..City �� w�� .,�rv,..,�.., Y� w � , or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON �4 This instrument was acknowledged before me on the �� day of /�I�r C� 2016, by Lavena Swann Peppler. ��m��m�m�r�� m� �� „ ��a��.,� � � «,� ,� � � M � � �� w �ro � �� * ��dy�� D� �'�""�,�� "�� *� �t��•�"" � �,�""� ��,� � � � � �� THE STATE OF TEXAS COUNTY OF DENTON �� .µ � ... ��.� w:. � .�:_�.�.__ �� ........ N�� t'c�`��t��t� ofTexas This instrument was acknowledged before me on the day of 2016, b , Y ...�......�......�...........�.........�.�........ ....�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.� ..............................�m.,�. Notary Public, State of Texas 3 ��:r��v:v��c�»r��r:�:�v 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 ......... ........ Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON } t"�a�is N��;��a��rt1 r�� I��r��v��.c��;c� before me on the ��,��a�� day of�� "�:�"�'�"� .,, 2016, by _��a��,� �� `� _ , City Manager/Deputy C'"s�� «��d�,v�1'��7esignated Representative, on behalf of the City of Denton, Texas. vmiwa�'�ttwwaw.w'�n mWF.� d 01 rvStl➢.�,w t� 0 W��' /M1UI �✓BN�� ta'�VWwa.+blM1M�nv �1!U'm� ��, �� ." ��tf�� ,E� ��4�@d.,d�5�1�vf ' ,�brr�`a�,��t�rr�a«ilrt air�Efl C�k C� �Prh,�' a �"�� "";C;l��14V4 6:�oa��& f14a ��"Y �"�if Y � � �` � � �� ,• ;',�� P(4411�o��IGI�$%`ri�i� � �. ��w�n�,i��'"�,�14%f�u!�b'�NJ!W �xeu�Wl6i o�m014�OW^md9fdV�mnam�mlN'.W�w;yE18114wuuWIIVIIW� 9P2�GWry IpV/d �' Y�'J'w« � ��,'� ,.._ �e� *��. . �.°"��'_�__��'"� 1��1��°� Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations�IVCJ\3.4.16�PAA4\Chutkowski 97-R0003249 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 John Chutkowski ("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": That property described in a deed to John Chutkowski which is recorded at 97- R0003249, Real Property Records of Denton County, Texas, and commonly known as DCAD Property ID 37476. 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 (`BTJ") for the term of this 2016 non-annexation agreement (hereinafter, the "201C� .. .,. ��'�,� � M � �� ..� � � ,,,�. � �....°��y�;°hy� �G, ¢ d V�� NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin�Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: 2 (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinanes, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, 3 as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and pertnanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; Voluntarv Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. � Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin . This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive tertnination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners 1" M �� ad�� ,o� "��...�m�.. � ��' .,� a4W�' �. ��..�,.. John Chutkowski 5 THE CITY OF DENTON, TEXAS � �� . �� „� �� „�„�� g .�„�� .�.w , _ C ty�Manage Deputy City Mana er or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON } r� �' ��m...� This instrument was acknowledged before me on t:��"� c�� a�,�f �"� ,_ ��"��°'"� , 2016, by John Chutkowski. � WowwwuV�uw iomN �. w�l�mr n�wuW�iww oWl�fm. : ioVo�r.�. � .xms4&�Biruaa�� '�'��" � ��lu��u��"� ��m'�'�� .� �µ`° ��. J kAV�uV'�, pp "� �"�, .��k �Now�rr��u � �e��r� �� m�� rr�� ,_ � � �.d,��'d�� ,��d'd��m�'�'� ��q� ��riW'7 � �'. ��r ��'m��1�w�`� �� W�� , � � ��u� � � ad arn a uw"�'� . . ��i.uiWuwumommqiD�puuuu�i�ou .. ��'�'JA � THE STATE OF TEXAS COUNTY OF DENTON " d� �� '`^'� � p�^y �, �,,,w° �� ,�. y,�� .r»�"��• �� M � � y ^�� wV�.r'� W..�"w��,i� � �il ' �'•'p�� ""^»mmw��y" � f � � .. "�Sotary Public, State of Texas � This instnunent was acknowledged before me on the day of 2016, b Y ,.......... � ................................................................................................................._.e�.�..� Notary Public, State of Texas 0 THE STATE OF TEXAS COUNTY OF DENTON This instnxment was acknowledged before me on the day of 2016, by ,-- -_ Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 2016, bY ..�....�....�....�....�.� � ��..�....�....�....�....�....�....�....�....�....�...w• Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON ��w , , m � � �r.��ra�c��:ci before �r.� c�n t;l�� : ,"�. ��y aa�' ° �'�� ,_a .�O1Ci� l��r �" � Ci Mana er/De u C;i�w I"�'��Na�z ��.�li}�sa ��*�ta�c1. �........��.�m��a� ��1��""�� :....�_�.._�.� tY g P t3' �' � � •. Representative, on behalf of the City of Denton, Texas.. � n �mww,�. ;�ua�i .� mawwww�ww;»rsu� �n wo.uit �uweau u��rt im , "Wu � °�� kA�� P li'n�:°; �r�9 "��°;�� ,� �m �G "� t�G�l�i�� t��i r� � ra�� rr�� i ;� �,, .,`�� " �� t",R�CM1�YB\�} � ,�d�P f!f� �a° �'�bl;k � G"" 3� � r°�tdti�'' C�{��N�'�PR`t�G��.�E.Po�?�P��?"f�i n�.�oorv �„u �,� _� . ��,... - w�ww�waw�w�n�wrn�,um ni�wr� nm w v rev^;�w� �m�uoro ww.m�,oi �r�ru,�dre�wwwr.�r+�mmmmm�v�v ;�r�p;�!. ; �� "��.::� �...� ..�� .� �� Nca��r y Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY� �� J � �� , � �� ", � � o�,_ � ;�._.�� ...... ,�.��. .. � ��...��' �� , ��.�°' �� .. ,�� ; �" ��.��'�� .�� . ,� �� ,a ��..`��,a� �� ,��p � �� , �� M,� .+�' After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations�NCJ\3.4.16�PAA4\West 37479 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 Marlene West ("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": (1)That 19.23 acres of land, more or less, described in a certain Deed, dated on or about January 12, 1996, from the Veteran's Land Board of the State of Texas to James E. West, and recorded as document number 003867 of the Real Property Records of Denton County, Texas; LESS and EXCEPT that 1.00 acres of homestead property located within said 19.23 acre parcel, that was previously conveyed or assigned to James E. West as a fractional severance, recorded as document number 15408 of the Real Property Records of Denton County, Texas, and which is commonly identified as Denton Central Appraisal District tax ID 37478; (2)That 1.507 acres of land conveyed by Warranty Deed, dated on or about July 12, 1965, from David Mulkey to James E. West, and recorded in Volume 533, Page 115 of the Real Property Records of Denton County, Texas; Said combined parcels, less the severed homestead parcel, comprising 19.73 acres more or less, and commonly identified as Denton Central Appraisal District tax ID 37479. 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 . �M ( N � ... ,�, �� rt%:' �:� � �� B � �� m G� �� .. . � WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter deiined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. 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�gulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; 3 (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; Voluntarv Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of c� land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, WDenton County, Texas. Section 8. Severabili . Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. 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,k shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. �� J Owners � � �� :� .... �� i�l��i�lene West THE CITY OF DENTON, TEXAS � �� .�, B , �� -�� '�� ,, „ „� .. ty � � M��,,,T t� t��r��;�� or.... Ci �'�� Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 2016, by Marlene West. � ��n�� v� � �, �� :��r ��'� °°' �„�� I �� 411��u�� I�Wo � � � i LL k r � � �a M1WI�d9Y0 F � �.N�� d�„�'�� • � � ��j49 C�p�� ,F �ad �� A� �' � �� I�'I��m�m d' u�nmNn� ��' � ...,. � o . � �� 6 � � � �w,w.�w �A � "� I"�: � � 4 q�"'N�"'^q I' Y � ''� !Fi,.�Jl��!� I� F �,.�^".�A°° ,��" m � ..M . '�,.,y�'�w .......r ud � �ildR�� .� Y� , ��. �m.��w � � h,u �� Nota � �� .W�.�a �� ii� M� �� ' � P bhc�State of Tex�as � � ;��w��o ��u� � � ��mo��o�� THE STATE OF TEXAS COUNTY OF DENTON This instruxnent was acknowledged before me on the 2016, by 0 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 � � �' g m�m� � 2016 by i"�� mstrument �,�a� �a��s�sr�le�cl p� �B before meCon thMana e� day of �_, , �° � . � w�,,,��.��„��' � � ��"�"�„�� r/Deputy Ci Manager/Designated Representative, on behalf of the Ci of Dento �� ty n, Texas. ;W�a� � VN�N �M& �o ��wo�'�' P�M1mm -�W�rv�', J��Yww��bW�1. �� WI N i. , �� ° e ��a4��IP II Vi�4�4k�11i�u�J��i�U�ti ��. 9�B4.k��lP'� S 4.df�l tf;;'�,al�'k16. £.�1�� °Or �b��i � � , , �� .�r�� s�� a�� m�� ;,a 9��'�a�°�;� �,�a��unr��flM�� .,_ ..� .I Y��,w��,��a ,��v��,a��u�,�fi ��, � . � �W� �� Nc� � � Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY�: � ��,.W�_'�`"�� ;�w�m� ��, ��u� �d��- �� w�`� �.�� ""�, ��.,� � � ��,,, �� ...,�� .�� After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations�IVCJ\3.4.16�PAA4�Renfro-Woods 37449 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 Tammy Renfro and Edbert Woods ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 3.706 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed dated August 8, 1967 from Thurston A. Webb to Johnnie H. Landers, filed for record on August 14, 1967 and recorded in Volume 554, Page 650 of the Real Property Records of Denton County, Texas. Said 3.706 acres of land, more or less, is commonly known as DCAD Property ID No. 37449. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; �� .� , �� ,��' "� P ,':I�� °� � � ,�,� u ; � � �� n �� 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 mmETJ Status. The City guarantees the continuation of the extraterritorial status of the Propertymmmand agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin� Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: 2 (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, 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 Properry under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. 0 � ! •' � ' � � ' ♦ ' + ' � ' ' � � . � F# � � . � �� i � •�� . " � �#' ' .I - r� - ��, •. ',� # ' # � � .. . � � . • � •' ' • . ' +, � � .. [ ��' � • � •• � •� �, +, . ! �' ' �' # � ' City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Dentan, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. ' , � .�� - - ��, � . • . '�� . �� . �� • t� � � � � , _ . . � �, , . �, � � ' � � . # � �. ' � !' . . � _ • # 1 . _ � ', . � I . � �� . '�� ' k ' �' �� •'' ' � �'• �` ' � � ',� � ' � � � � ..•' + �i . �', '�' � , + ��' , s' + �. �.. .� + ', � . , � ' • ! � #` � � . . , . . . � � . � ♦ � . . � . �, # � . � � �� ,� ! � � �� + l� �� I� . � i � �+' '�.�'��• + s� s' # '�. � . . .� � .,�• • � + �' ' ! .� � ' ' � �,#' ' � '��.�� ' � , ' ' . #, � � . . �� . �''� � ♦ ' �� ' ,�� ` � • '' �• ' � � • ' . �'�' '��, ' ' ' '�, I �' � . � ,� •� ' • �' •� ' . � � � � � � � + . � ' I� ' • �', • � � . . . #'� �� r �. � � � �� r � .. . . � _ � � � � ��, , �., _ � � + �,� . . ��_ �,. . �- � ' � � ., � � � ., . . � . . �; � . - - �, • ' ' , ' � ' # • �' �'� • � �� ' � ��' �, #, �'�' � ' � _ � ' � �'� �r ' � • �� i � "� ! �, � ' � i � ' ��'�� ',� �� w ' ` ��' ' ' ��, . � � � . � �. . . � ' " ' ,,. � � . � � �� —�.. � ..,�� '�'�"'�2��-�-- �'�. �;�,�", . :°��.�� ' _... 1� � �r��y i�v"��: Woods Formerly Known as Tammy Renfro � �� "r�� . Edbert Woods THE C�TY OF DENTON, TEXAS �°� .� Ba�'`� �,�„.. �X."��,�""� �� r��a�� ao� - �. Y , �� _ Depu.., � ___ �� Crty I"��•, ty City ��{ti��r��.��a�, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON } � �� This instrument was acknowledged before me on the �� c9�r�� of �,�' �� .�"' � � . m.... __,�� 2016, by Tammy White Woods. � �� ✓��... �� "` �.� �� . � �, w��'-"-. e� � �`"��,�,v� � , � � � � „ � �„ ., ��,� �„� Notary Public, State of �;�z;�;, �`�°��.„�w . _..��..�� THE STATE OF TEXAS COUNTY OF DENTON } � �� This instrument was acknowledged before me on the �, ��1,rv ��"��w�"� �� „�,,,�'°'��, � ....... , , ry 2016, by Edbert Woods. `�° .,,. � � � ,�' � "� � � � �� , _. � w��. � ��.�:n :, � �� "� , Notary Public, �t��, �,��;��-�� THE STATE OF TEXAS COUNTY OF DENTON } } This instrument was acknowledged before me on the _ww ___mmmmmmmmmmmmmmmm day of 2016, by THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This instrument was acknowledged before me on the ww„w_w_ day of 2016, by THE STATE OF TEXAS COUNTY OF DENTON } Notary Public, State of Texas This instrument �raEz�; �a��r��vl��' l��fore me on the �� day of ��;� �, 2016, by "�` � �� ° ______� __�� , City Manager/Deputy City Manager/Designated Representative, on behalf of the City of Denton, Texas. �,�� m� � �� a� �� ..� � "a dr�4P'�f4. P�, f'��6V��"nu��Vo��ef�@w� � �0� �� t�flP�4R'��Y'{xVfl�4.f¢" e1r"41k f'YW I� n�R��k � „' °��" „,w Y "�,"PW!"� V %�l" C$tu m f �:`�KVE � ��o�"�w � IW��Y{,�1V��R4Y1��'i1��,1� �wwwarrm�wwwwmou�muuo�a�ru�m �oorwmu��avv;�wn«,�wo ooy�Fw�w'�u��rwmv�o�wwnity�mwwwww�n�;u�w�woe,umw�N' � w, � , �� .....�� ,. � ...._ —_�.. N� �yr�•�� F��'��, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY I� ��,� �„�� " � `��. �N �� .� �"°� ��'��. � r',�� ..�� .�� After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 O:\Legai\Annexation 2016\PAA4\I3alcer Abrams Non-annexation Agreemenl 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 Dale Baker, Olan Baker and Linda Abrams ("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": 18 acres of land, more or less, and as more legally described in Exhibit "A" attached hereto and incorporated herein by reference. RECIT�LS 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 WH�REAS, 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 �.. ,� � � � � t� ., � � ` . ' �� . W� ...� -� � � � � � • �°� �. � i� P°� !��"� � � � �� ,� � � •� � • �-, '�' � � �.• . `� a � � , ., �,� a ►,• � ' � '� � �� !� ' '�# � 1 �� - � � � '• �' � � L�� ^� � � '#�' �� .. . � � � ♦ � . � '�'; � � . . ,', � .* . . , . . / � , � �� • '�� . . �� - � _ ��. � �� ' ! ��:' �� •.' � '' .� �# . � � �� • I � #' � �' � � ' '� '� � .•� ♦ �• � • �� ' � ' � ! � f' � � �: � " �' " ' � � � ' ' • ' ' � ' � � # • • � � • l � �' � � • � w" . �� 1 � � ` i� � ` � #'� -� '- �', t� � .. �_ �' '' ' I � � � 1'� ' � , � - �� • � • - ' � ' _ _ � �� 1 � . - # � WHEREAS, this Agreement is to be recorded in the Real Praperty Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: � � . � � . + .. � . � � _ . .. � . .' �� . . �� .� --� � �� . -�� - '�;�,��- � � # . , . . . � . . � . w _ . � . �� • � -� . . . �� . , , �� - . � - - • • � � - '• r � � • � � � � . - �� - - '�� • . . � _ • -� � �� - � • . �� - - �� . -� � - ' � � -� �� . . � � . � - - - . � . -� �� - #�� . ; � � - - �� #�� , � - � - - w! �� . . i ' �;� � • ,.. � ,.. � � ' •'. ' �. � � � •� '. i � ��.. . • . � ' � . �:� . ! .... ' ,.: • : � � �. • .. � ....: • � '��. # ' • ��. � �' . � '. .. � • � � ' • ♦. � " '�, � � ' �.,� � �� . , .� �:,.. � � '�� # � s ' . '� �, �� ' • � ' • � ` . � � �� #' ' • • ♦ + . . _ , • l ��' � ' � • ' + " � • � ' # ' '� � • � � •• � + " '• � � �� ' � ' � � #� ' �� ' # #� •'; � • s � ! � ��.� . � � � � � � . •' ''!• . I � � . � ,�,- � � , !' - � t ' ��' ' � i " ! � • �' � •� � 1 �' � .+ � #' •' . • � �' �' '''!• � � . � *�,, �, � . .�, ' � ' !' � ' � • • � ' � � � - � ► � �`� . ' .!• � � '• . # �#• #, ' ' . . . . . � ' � � � �►' '� • . , ��,' ' ' � �'' • i�:- � �' •� �'' ! ' ' " � � • • . ' ' ,�� '� • # � �. . ' -' #� - � � � '' ' �' � . . . '� [ � -' ' . ' '� .' .' . 0 # � • •',• � • � '� . �- # 1' ' # ' ��' ,,,. s; � ' •,•! � * ' . �' ! � • � • ' w'• � • • #. .� ! • 1 � � / -• �':� i � i !• � � •�'+ •• ' • • (2) The subdivision and development regulations contained within the Denton Development Cade, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mability Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specificatians for Public Works Construction, Narth Central Texas (NCTCOG Manual); �- # • • � ��- . .��• '• r ' . • - • . -• �- � ��- . . . • . • ��' r .• - � . � • � , , - • - . , !� . * ` ! ' . ' •'-� � • � . �. � . # � , � a. International Building Code, 2d 12 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The Internatianal Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Editian with local amendments; e. International Puel Gas Code, 2012 Edition with lacal amendments; f. Internatianal Mechanical Code, 2012 Edition with lacal amendments g. Code of Ordinances Chapter 17, Dentan Praperty 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 �§28-3$3 — 437 and §§ 17-141 — 210, as amended and as applicable; and I. Irrigation Standards, Denton Cade §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Dentan Code of Ordinances, as amended; ' .•- .- . • , - .� � ' # � • . � . * . � * '• . - • '. -� . . s � _ � • ��- � • + . - . . - •- . r � . . s . � � - 1� . . . �.� . �. * � . � � • `� . � ' ' � •: � � � w:. � � ..... � . �.... � � � • • .,. . ..,�: � �� . .... � ...... ��" c � _ •'�; ' • • ��;# ' #�" � � �" •'l ' �,; �' 1��" . � '' •'[ . • . �• �� ' .� . '' . �� • ! ' ' . � � # �: ' . � � � ; � . �.� • �'��.•• �.:.� " �.##� ��. • ' ...;� �� ' � .•'. ' .��'�! ��•. *...:: . ��..��. � " . .• `�� . #.�. " ,.' *.�: 1 ." . � �.' •"•� �. ��+ '. :�• =:� # �' ",'.. J •�. • '�� ' •��. . ' �' ." � � � �. �� ' � ' • �� ' � ' �'. • � • • ; ' " � '. �: i � . � :� - . �.: ., . ... • .;: � . . � ��. " � .. . .. . � � .. �: .. : � � �: � �� . � � • * �. •. � .. � �: '� r � '� � ' �: . � � � . ��...� � • " r. � • � " � w; � • �.. # . ' ��. ' . .. 1 # : ��: �� .. �. *�� . ...�� :�: �. � ... '��.. � • •......• �1�..� � ... ..��. ...�.• •� •� #. ��" .��.. �,..�. •: . � . �: � ' -� .. .. � � ... .. � �. ..;. + " � � ' � �� .... �'. (7) Gas Well platting, drilling and praduction standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Dentan 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 Cammission and Texas Commission an Enviranmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Follawing expiratian ar termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 1$0 calendar days thereafter, or until the effective date of the annexatian 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 develapment that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Develapment Plan. The Owners expressly waive any vested rights that might atherwise arise under Iacal or state law, or by comman la�w, irom the submittal of such inconsistent development applicatian. The Owners further agree that no use commenced ar campleted on the Property that is inconsistent with the development plan shall be considered established ar in existence prior ta the expiration of the 1$0-day period during which the Development Plan is in effect. . �� . , ... . �.. .� . � _ ! i # . . � , (A) If an Owner files any application ar plan of development for or otherwise commences development of any portion of the Property inconsistent with the Develapment 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 terininatian of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gav't Code subchapter C-1, or other such other provisions governing voluntary annexation af land as may then exist. Owners expressly and irrevocably eonsent to annexatian of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject ta the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successar statute. This section shall survive any termination of this agreement. � Section 6. Notice of Sale. Any person who sells ar conveys any portion af the Property shall, prior ta 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 farwarded to the City at the fallowing address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Sectian 7. Recordin�. This Agreement is ta run with the Property and be recorded in the real praperty records, Denton County, Texas. Sectian 8. Seyerabilitv. Invalidation af any provisian 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 enfarced by either Owner or the City by any proceeding at law ar in equity. Failure to do so shall nat be deemed a waiver to enforce the pravisions 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 Dentan Caunty, 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 andwwExtension. Unless extended by mutual agreement af 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. ection 14. Surviyal of Coyenants. The covenants in Sections 2 and 4, as well as the consent provisions in Sectian SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary far the iinplementatian af those sections. Owners ��, � �� .. �,�-- __ _. : m. ,., _~� ._.... Dale Baker 0 ,� �� *��, � � � �� ,'� � � ��° � �� , �� W �,� ,. �� ..,. ., �.�➢�� Baker � � , �' . r� ° �� a� "�� . �,�� ,� � ,�� - �� . � , ��, �.�°�ai�i�:�. Abrams - THE CITY OF DENTON, TEXAS ,�� .�°� �� B �� y �,�� a ��,�.�� .� � �.�..�...., City �'1��r�, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON } � � � � �"w�. This instrument was acknowl��ci ��:1 before me on the � _�� ' �ir�y of �„�.�� "� �� , 2016, I�y � � n r, � � �� , �� , �� ' � m �� , �� i� �� , � �4JimW�t¢ �"°"hAU��ur �-�� ,��; � � � � � � � 9 � �' �� ,u s r � „�.. �.� ��_ � "� �` °° � �� ¢�r��r��, � �r��ea��a, �� PV9 �tl 0 A ��r��ll � �� " � � ��" �� ,�� _o,� � �. � � ��, ,��,a��.. �� m�'� �'�' � m�" �,� �otary Public, State of I a.,�;t� � THE STATE OF TEXAS �( I I � COUNTY OF �B�' This instrument was acknowledged before me on the � day of mm��Y ¢'��1� 2016, by Olan Baker. T� gM �� m � ��y � � �� ' �� ..� __ Notary I�� 1.� wc.� ��xk��^ a��i" �� HOLLY A HENSON THE STATE OF TEXAS } ;'�M �°', NolarrPublk,StahoFTi� G111S • �""« "� Cort�nE�01 Z110Q0 COLJNTY OF-�d`P6i�F � �"'� M Y Nalary ID 130�0663-8 This instrument was acknowledged before me on the �2 day of , 2016, by Linda Abrams. Notary �''�wialic, �i,e:� HOLLY A HENSON �«�" "^� NotorYPubl(S,Sta�aofTioao� ; Canm. E�pinr 01-21-�2p 6 ,��" � Notary ID 13050663-5 THE STATE OF TEXAS COUNTY OF DENTON This mstru ent was z��,dw�ac��Cc.cl�ctli before me on the �'�"�� _ day of , 2016, by � . ... �'��"�,��; �� "�°��,��'�� -_n„ City Manager/Deputy Cit�N Manager/Designated Representative, on behalf of the City of Denton, Texas, �� &an�� u��M�� n�m�� : ��""°atl�a�� " ,�� M4��'YY'�l�'��" V" 4.u��Ilu� ri�",�V`N� � RNT N�� " �Q � �� u � �'��Au°R�w��w" ��'.��°��mU��" �� V��I!I��w N'��'�� .�i�","',�' ��W�uw�wiV�aioitiqoiva!�immimpouio �� :":.'"omivuuu�iuu.. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY „��. . • � �� . _ .. � � �� n� Nk�ta, a°� Public State of Tex �� , as �� .�., ,„ 4 BY. `" '` �� ,�� ^� 1 �",�� . , � � -- - �� "'� �`� �'.�� .._ �✓" � , �� V . y � .P ""�:,'�"� i�"� �,'��. ��:_� � �,�,�, �� .'�� '�� µ,�" ,� ��,m� � �� n:., �.. �. � After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 R�1 � .�.�r. r � BEING all thai certain tract of land situated in the J. Stewart Survcy, Abstract Number 1��, i�rw�s� �r�ac��, "��, � p+ar�ca� �� a�i:rr �t r�f land described by doed to �� "� r, � r�a�d� ia� �a��,� 51 �, �"a,�,� ��7, �f �l� Deed Records of Dcnton �� ,'��ar,� �i.�.�,��".�, t�a�� ta�r �� a ' of land described by deed to �4 �", , � r�� "atu�� '�, �,� �� .]�.��T., end being more particularly described as follows: BEGII�iMNG at a s inch iron rod with yellow cap stamped "Arthur Surveying Company" set in the cast line of said Baker (V.51 S, P.22'� tract for the soutt�east comer of the herein described trect, same being the west line of a tract of land described by deed to David M. Eberhardt, as recorded under Instrument Number 20a4-87180, D.RD.C.T., said poiirt being North 00 degreos 45 minutes 20 seconds West, a distance of 370.03 fcet from a 5/8 inch iron rod found for tho southeast corner of said Baker (V.515, P.227) tract; �1`��'�+i+�rt� �� 4� min� � ��ci� ��t, s� :�,i�d � Q"�"�S ��,. F".�,2'i� �'" �� s�f ��.�� '�t t� �, !,�'x �c�� is�as� r� w£t� ��il�awe ca� p� �dA�°t�a%� �� s��s�ay"'" s�at f�r ��a�r ffi;n i�a� vwr��t l��a� ��`„ �� l;�i�� t�� i�� a 1�t a�°�id �� ""T�uct 4"" t�� c� ��t�za �5� I�a�,� �s a��d under Instrument Number 2013-15912, D.RD.C.T., said point being North 00 degrees 45 minutes 56 seconds West, a distance of 374.62 feet from a 5/8 inch iron rod found for the southwest eomer of said Baker (V.515, P.22'n tract; �i"��1� 1��ar�a � � 4� �a��za�s �� n� ��t, wii�x t�� lirs� of said k��r �iT. � 1�,, �".��"i� �n� ih� +�,�t iir�� c��'�3d �'ra�t �G, a cla"s�n+�+� a�" � 1�8.50 feet to � �1� i�� a�a�a � fr��a� ��r �a��r, �� na�h�r�t �am�r �� Baker (V.515� P.227) tract, aLso being the southwest corner of said Baker (V.527, P.225) trac� �� c� (�� d� � � � i�k;��s �� ar�d� "�'��, �ri�:h tla� vrr� ��,a� �f s�.id ��r (�".��"�� F'.��5� �� ,d t� ��t li� ��° s�d �"�t 4w ,� �,i.�s�r;� v�` � t �.�� "�C � � � i�h �t�f �"�� g�as� �"�r +�earaa�� +d �� r�rtt�^��t �arr�aer af��% i��1c�r (��"'.��7, �"��Sy � �1sc� l�c�� t?z� ��ra�wr±�t ��r ��" � ��" lr�,� �r� � �„�'�k 4" ��+ tc� �s�u�� .�', �, ""�, C.a�a�t� �.�i��b,it� �-�zn�Y� � �rd� u��t ��.s�raar�,�n� ��.uaab�r �� S-�'�6��, i�:�,.�,��'T., 'C �+T�� t��n �9 � � �4 �ai�,� 08 secoads �.��, �it�, � �;�r�h 4A�� f"�ar� � r �+'.5��, �".�� C� �a� �Z� �aa�� line of s�id �"� 1, � �3��nr.� �a�"3��.�� "�t to � �� t �a�r� s�i f�t.��l �'�s� r�r��r. e being the ��r��t �ar��- �f:�,i�9 �� (V.527, P.225) tract, also being the northwest cormer of a tract of land described by deod to Alfred A. Croix and Bernice L. Croix, as recorded under Instrument Number 2005-78217, D.RD.C.T.; THENCE South 00 degrees 45 minutes 20 seconds East� partially w+ith the east line of safd Balcer (V.527� P.225) tract, passing the southeast comer thereof same being the northeast corner of said Baker (V.515, P.22� trrrect, eontinuing with the east line of said � �'�".�15, l',��"1� �t �d � w�res� la�� r�� x t� passing the most ^��"t��ly �t�ttav�r� m�a�° �� C��i� �°�� ti�as�a,� a�n �d course for a total . � � ,��,�.�� ,� �� '� �� +� �� cocrtaining 18.000 acre of land, more or less. aad being subject to any and all easemeM� that may affect. S:\Planning�.4nnexations�2016 Annexations\NCJ\3.4.16\PAA4\Chapa 202610 Non-annexation Agreement 2016,doc CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE 2016 NON-ANNEXATION E�GREEMENT 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 Ozzie and Linda Chapa ("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 10, Block A, of Milam Creek Ranch, Phase II, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet O, Slide 385 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated December 30, 2008 from Daniel A. Cooper and wife, Amy D. Cooper to Ozzie Chapa and Linda Genneken Chapa, filed for record on December 31, 2008 and recorded in Instrument Number 2008- 137843 of the Real Property Records of Denton County, Texas. Said Lot 10, Block A, Milam Creek Ranch, Phase II, is commonly known as DCAD Property ID No. 202610. 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 � w �� f �` `� 4 � ,� � �� .� � � �.� ��,�� ,�4 II 4��,„� II �� I��J �� .�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 April 2016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least 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��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. b, d. e. f. g• h. International Building Code, 2012 Edition with local amendments; International Residential Code, 2012 Edition with Appendix G and local amendments; The International Fire Code, 2012 Edition with local amendments; International Plumbing Code, 2012 Edition with local amendments; International Fuel Gas Code, 2012 Edition with local amendments; International Mechanical Code, 2012 Edition with local amendments Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§17-141 —210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, 3 as amended, and applicable administrative standards of the Texas Commission on Environmental Qual.ity, 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 fles any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. � Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. 5 �� w�� . �� ....��....�.�.�.�.�.�.�.�.�.� ............................... I.��ICwcl.�'�.°��t� N�1 _�.,._ ..�.�..n.,,.,,.m, . �. .�..��.... -------------_ � �� .�� µ�� THE CITY OF DENTON, TEXAS � � � ��"' � µ� � ��,�� P�3�� „,� ,�� m��....�.� � � � �.., m.�.��. �. City 6�'N� r��r�, Deputy City �r��a�,��; or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the m..�........�....._......�. day of .............................W�W�W�_...............................................................n..� 1� 2016, by Ozzie ( Ir��M��rr��tiw�� w�' � �j �� a��` ��':� "� � � � *: � �"��„��t�� ,�.'� ��- ��, �� `� � _ ,�. �� '� � "�� .�� ' Notary C''��C�I �., State of Texas �� w. �`�, � *��"��w�s �,,,� � � "�.��,� �� 6`��`$�� THE STATE OF 1 k:i:�i'�'��++i++�� COUNTY OF DENTON This instrument was acknowledged before me on the � R�� day of ___ .....� . . ...._� � �. 2016, by Linda Chapa. ,�w�,��i�nir�r��,,�� '��` 00 U G[ '"� .��„ �� °* ��« ��', � �� Y�� , � ° c;w �µ.� �� :�� — ��w � — �"�� Z�F "�� "��'�,� J �'�^u��'c�„'„'• ' �,,; . �� ) 2b_��. ��'a�:r��;m�t"�� ______ �� l�a��r��°N .��.�Stateof'��"��+c�w� THE STATE OF TEXAS COUNTY OF DENTON } } This instrument was acknowledged before me on the ,� ,,,, mm, day of 2016, b . Y .......................................................................__ ___---___.,.____..�. 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 CK�I�J ► Y I I'��] ��7 �! � Y� C�] ► I } } Notary Public, State of Texas instrument �� g Cit Mana er/ �� e ut CiI �op�r �� 2016, by � 1 I�� .� ��;9��u�led ed before me on the _�"�'� day of ��,� m � �r„�' � '�° � � D ��a CG: esi nated ......... . .�� .�.''� ....��a��'�� ,�� `e:.....—_, Y g P Y �' ��' g Representative, on behalf of the City of Denton, Texas. � rooi � waw�wwmm ,��N � .�� w° "r`� r, ��Cho� II 4'4�.�ii��°��°°°v��l i M � � r�rdi��i��r4�ak��ti i¢ �.��si��u ��[. °i� x��.�� %, �n�� . 4 N kl�h��9t� I'i�9::� fJ4`i ,! g„�"�4Y 1's" �. �, � � ry,. � Pe`��E°nv�+� � h°a��",Sl �I��r' 91i:� 8�i�'"u"Cn�'.�,�R �� .... �n�, . ..�. .. ,nw, .�. . ,,.� ��w�� N�� G�d�� ;�� " N �� , �� , � �...:: _ �..: .�:.� ��„� N��'�� Public, State of TeXas % APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : �.��° After recordin� return to: Jennifer Walters �� City Secretary 215 E. McKinney Denton, TX 76201 S:�PlanningWnnexations�2016 Annexations\NCJ�3.4.16�PAA4\Yeatts 202609 Non-annexation Agreement 2016.doe � � � �. � 1C �. �:� �� @� ��'�� 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 Donald Yeatts ("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 9, Block A, of Milam Creek Ranch, Phase II, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet O, Slide 385 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed dated March 30, 2001 from PFS Development Corporation to Don Aaron Yeatts and wife, Emily Jane Yeatts, filed for record on April 5, 2001 and recorded in Volume 4810, Page 2067 of the Real Property Records of Denton County, Texas. Said Lot 9, Block A, Milam Creek Ranch, Phase II, is commonly known as DCAD Property ID No. 202609. 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 de�ned, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin�gulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference 2 with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141— 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, 3 as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. L� Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following addxess: City of Denton, Texas AT'I'N: 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. THE CITY OF DENTON, TEXAS � �� , ��"" � �� M� � .�� ,.� �� r u , ..� �.....�. �'i�y l"v'x��', Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �� day of �P'��,� �.�� 1� „ 2016, by Donald Yeatts. �, �w �,� �, � �� m �� re�� . �G��o�� ,� � �r � �dd:w��w�� ^��BP�. �n��wn �� uil�M � �� n �� .� ��::�A��. ��a��„��Na�w��ri� ��-�'��-�!'��!� � �� v� � �"�w`�W�°��P ,�,r�ry,� �;,W �y� �^ P�'tl'Lir �,� ��uum fl �MW6m��dmWw�dl'� q �;;W I' , � � .�v o�.o �. ��e� ' . . . � . . If�i��w �f�W.; � �. � �� w� w � � '�I��t�.t�� .k �i�� .1�f . ____ _ � �� II�A � � � �A.�'t'� l,i THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 2016, by ................................................................................................................ day of Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 2016, by day of Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 2016, by THE STATE OF TEXAS COUNTY OF DENTON } } day of Notary Public, State of Texas � :��eX ��r °��:i�rr�w�vl�c3�;e�1 beforeryme on the � De uty �"it M 2016 by �� Ci Mana 1�.�� r��1r�w. , ., �� ,�—.� , ��' „�" � � � � � ty g p y anager/Designated Representative, on behalf of the City of Denton, Texas. v�.ww;w�u �wtaw, i m�w � a.�ro�:,,�o �uiw � iur wvu,;w a� wwyw�^s %��ro .: m"� �� 1'�49li�" f f'l� 4��ir"�G'ud.��(�I l � � �;s��46,ti�u�ti��tis��i� ,K�9� F�i ��.v�,�. .� � n. �°^�� e ex�� f�� r�� r�� f ��^""`� � ��tl�+,flJr`ffi��ht"a"l,`�`�. d �� : "`��.i w�. "mw�wmw�+a�n �w r�e��a�a�� 3rrum��miw�urrm��w iu, ��w�a�� u� �� .... � �� :.��,�' Nc-�t �M�+ Pubhc, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY I� � After recording return to: u Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�.Annexations�2016 Annexations�IVCJ�3.4.16�PAA4�Roberts 37431 37432 37434 Non-annexation Agreement 2016.doc �;I ,^;'; � � d� � �� ,.G ,� �m7 �,� l� � ' � ,�� * 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 Raymond and Linda Roberts ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 9.773 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General Warranty Deed with Vendor's Lien dated March 10, 1992 from James A. Grider and spouse, Barbara Grider to Raymond D. Roberts, Sr. and spouse, Linda Mae Roberts, filed for record on March 13, 1992 and recorded in Volume 3179, Page 273 of the Real Property Records of Denton County, Texas. Said 9.773 acres of land, more or less, is commonly known as DCAD Property ID No. 37431, DCAD Property ID No. 37432 and DCAD Property ID No. 37434, respectively. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 (`Bxtended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the properry and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and 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). Section 3. Governin�gulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference 2 with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, � as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntarv Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. 0 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. 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 _ ..............................._........._v................................ �. � 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. i:�� . � �" � . � � rvr , .�..�_.. � . � .:� �. ��..��.m._____ �� , �� c�z�c� Rol��^r�� 5 Y� � �� ai��a Roberts __....� eeeee... THE CITY OF DENTON, TEXAS M�� v N �� ..as�.. � BY• �"'�� `�.�. �� ...��""� �� _ City ��a'��,��;rw Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �� day of e�. "��'�.��'"� �0 ��' ___u, 2016, by Raymond Roberts. �� .� W � � � �� m��!�"� � �a��'��i��B � �� ai��umqd II�'u.u��Vii+ ��9�a ��P �i,,��:u� ' � �� „� � �..��m�u�u ��n�adua�� u� �1� m"�� a"' ��u ��u��'�'� I�'�"M'��'"� �� N��'�� n�� ua�aa'* ,.._..,�.,�,..�.� �o..sw...o sv.w�,.�., �,.«, o.�, ��m ��w. ti��. �W NI�IIMM'�9'�II��M��9U�1M'ul I�p10111'Wul � � � Ipll ... � . THE STATE OF TEXAS COUNTY OF DENTON � � Nota , Pub�� ." "��"��.,, ... ____. ry ic, State �f �c�xxi� This instrument was acknowledged before me on the �_ day of� .�ti�-� � ��` , 2016, by Linda Roberts. � �� w1ltkUflfiYy ,ar•m�••• �db�I.11�"%�II� IIIP"RiI�w94.,Wu"tl •p� pftl P,��I� ,� b""1 �W � �° �� °�� +q��u� V'��pS�wd�'��° w�u��m �� a,�, � � � '' �w '�� `�,� w 4 a:"�P.N�P�u @ ��w�mRtlm�� W �:� � ��p tl �:�r �, ° oy��cu�?'�""� ��tl��W'"y�� ,�' �VI'i��'��'�'��V �W ;m' �tt�..,� �o,ow�� ....� �.o � �� w � ��r�� w�� .,.. . ....,,,m..�� . �� Notary Public, State of .�xz� �� l}' THE STATE OF TEXAS COUNTY OF DENTON } } This instrument was acknowledged before me on the ��_ day of _______� _� 2016, by .. Nota Pub��..._�......A,,,..�..� ......� ry ic, State of Texas 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 ��rledged before me on �i�a ��`�� , ��1�<a�` �ai" � ��.� „m, `��l I�� a� _ ��"� �� a City E'a�dai�rw��rll'��;�,��i� C'��,� M�a,��c;�°i'�:��,�a�'�r��a��i Representative, on behalf of the City of Denton, Texas. .. �uu�W!W IUW a49b:wwwu0 W id,�!�� VM�w G dkW @M13 �MdNi'&'u ;HM 'dUj� ��. 4WYd.� 4�€�JV 1 I�6� `M1P"�4d�11f,Y4�l�d I". �,�a � ��' " a� �' TSP7l�f�h�F1'fif"I IC'a f111 frP� II xFF�`; � i m �' ` P,;R�I�"fN�"4 l,�,&' f�fr �F-1�)� � � 'ep� `�� P�d�1Vh"�f�v`fIY��0�1i9�h � + �� w�,w�^�u�m�'i��kw'w uw�uti�r�a�uHo��maiiCrUn��u�anti�mtn�✓,��r�.r�mrz� �+�no��u�irat�br� wi�o�mwmroum .' !" �� ,�( ✓•"9 � �,J �...�*��w^"� �tlM ,,,��""��'� .:...... ......��✓,n^�" N��i�� Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � BY:'"�,� �� ` �u -�-�� ......� p`��n�r ��,�.�' � � � �� ,.� ��,�� , „.�� no.w.� � ��,�.�� .� After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations\2016 t#nnexations�ICJ\3.4.16�PAA4�Meeker 188368 Non-ann�xation Agreerr�ent 2016.doc y��._� �m.._��'�"� �u �:r�;IT1' � �� 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 "Ciry") and Michael and Gail Meeker ("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": Lot 4, Block A, Milam Creek Ranch, Phase I, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Slide 284 of the Plat Records of Denton County, Texas, and being conveyed in that certain Warranty Deed with Vendor's Lien dated August 28, 2009 from Don A. Hall and wife, Kim B. Hall to Michael G. Meeker and wife, Gail K. Meeker, filed for record on September 1, 2009 and recorded in Instrument Number 2009-105749 of the Real Property Records of Denton County, Texas. Said Lot 4, Block A, Milam Creek Ranch, Phase I, is commonly known as DCAD Property ID 188368. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 (`Bxtended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the tertn of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation _of _ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin�gulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference 2 with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, 3 as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; Voluntarv Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. 0 Section 6. Noticmemmmof Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabili . Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners � ��a��N N�_�° � �� .....e.�..� e..�..� ..........��..._........�� 5 i �a�l....m �;c��~. THE CITY OF DENTON, TEXAS �� •w�� B�� .. �� „ �,._,_.U.,7 C ty � ��, ��u�i� .Cl .... .�__— . � _ 'ty C"��r��+�,��, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the ��1 _ day of � � , 2016, by Michael Meeker. �`""�X°d'�� NICHOLE ELLEN ELKINS . ,� �. a� /� �� re Notary Publlc, Stafe of Texos �� — � - � � � �� . � �,;' Comm, Explres 11-17-2019 ^� -��...�� e 't"P� �'�` �+�'° Notary ID 130143153 Notary Public, State of Texas �,,,w�,�z. THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �, �� day of ��, ��„ „ 2016, by Gail Meeker. �rn�,,��+';��'��ra., NICHOLE ELLEN ELKINS ,.�`„�W ,� ��, w Notary Publlc, State of Texas , �� .�„, ��°��' Comm, Explres 11-17-2019 ��„„'y;,�� P��rkt�� ID 130443153 �'m `��"""�""" ' Notary Public, State of Texas �� 0 THE STATE OF TEXAS COUNTY OF DENTON } � This instrument was acknowledged before me on the day of 2016, by . - -- - --- ` Notary Public, State of Texas 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 v,�� r7�,��1r�c1�� la�l�x.��°�: me on the �� wmm day of ��'� �� , 2016, by __��" � ;� A �� ""�� mm� � �ry City Manager/Deputy City Manager/Designated Representative, on behalf of the City of Denton, Texas. wW^�u �w �aNbrv� f N�w�W m"'"�W � V �,�b 6Ys�i !G44 A IM� k� � ��a�,b� i � ��.�yiP`li�lb".2�a�w� �1 � d IX b tl�ff�i�IG�f c ia�41 �f : rYbYi F1�" (`l+� nl �I � � tio ,�`�� , � iY�u�S�Fl l� i" 4Y�a �'� ivl� � �'�� d �� ti��)lb'�9'v`1��£x/�a9�1�% t,.� ° �� ., � .� �° «�� lAMooN�"�'�W �%�NP'pWf,�;W�WY1N19M01'MYY.'q!�!@YM�M1OY� rVl'N'/YllMAry�l�l�u��/'UIUIN�NW'e'.�+'. �„�.. � � �y � �� ww�� ' n ��Ir�t��-� Public Stat�� y�� , e of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: �� , � ��.� � °��,� � � ��'"� � ;.�� '� �. � � . � � "� � �� '��i�� .,�'��'. ��;�m � � ,,,,,. � �,,y �� d� ,�� After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�P.nnexations�2016 Annexations�IVCJ�3.4.16�PAA4\Seals 202618 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 Susanne and Richard Seals ("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 5, Block B, Milam Creek Ranch, Phase II, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet O, Slide 385, of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated October 26, 2001 from PFS Development Corporation to Susanne Holmgreen Seals and husband, Richard Donovan Seals, filed for record on October 29, 2001 and recorded in Volume 4953, Page 2205 of the Real Property Records of Denton County, Texas. Said Lot 5, Block B, Milam Creek Ranch, Phase II, is commonly known as DCAD Property ID No. 202618. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and `" I �� f ) d : � � �...�� , ) ', -� � �.' ... �, F ' �'��' C:: I 1"1 I j �� G „� � WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section l. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference 2 with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, 3 as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. � Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless this Agreement shall terminate on August l, 2020. the date the Agreement is executed by the City agreement of the Parties. extended by mutual agreement of the Parties, The Effective Date of the Agreement shall be The Term may be extended upon mutual Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. �� ,�,, , � � � � � �� ,,� ` �. '� �` � � �� ..��, � � ��.�� r , a � �' "� � `. � � "� , �� u�. � � �.�� .eeeeee ��_ ��e�. � � � Susanne Seals �� 5 ��rv,.�w,� � .,�, �.....�..,� � � � � ,�„„„ v1( � �� .��. ..ww ��G ' �^""� .� � ....... �� ,�� Seals THE CITY OF DENTON, TEXAS � � � �„� " �,� � �"�� '��.""� ...��,� �o�� .. . �� rrNti� �� .. .. Cit�^ V'�� ,��Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �,� ^��e ��_ day of ��„„,�.� � 1 , 2016, by Susanne Seals. ioou0. .. �P�. .. o�tlwwwPWltiWywam�Gl�W . . � rvimum�IlNb � .. iwi�N�Mii � u��°��"� � �' ��9� @� ��W ��.�� '��W��„�� °��`� p � � ,.��,.. � � � �� n m. � � . � � � ...��.�.. < ��a-�w �'�uQ��^ �� a�r� V�� ' '��,.� �� ! � �� um�m�«. ��x��du�� u�.. � � ��m� w � � Nota I ��%I i�� State of Texa� � � � �,. ��'��p��w�� ' � s �: ��.� �� THE STATE OF TEXAS COUNTY OF DENTON f �� "'� , � � This instrument was acknowledged before me on the �"�� w.w��_� ��a� �a�`��"° ��"� ... � 2016, by Richard Seals. ��« �� M�� v �»��oU � ��w � � � o �� .n�gausd��U^ ��u,��P�,� �� '�� C dr��,� � �';� �,� "�� ,��d7� mwg+ p„�pu��9ce� "��w�rm uro� tlk�;��a.�� f � .� °, � ^ ��'„� � ,,'h��V��„ ��1q'�uAm � �� b 1'P� �� u � s ��Pra��".�� M��'��"�' M�� '��"��'�m-'"�'�!! ��woi .... . .. .. .... .�uim�mim�.. � ��- � � �� .�� ',� �.� �;�� ,w� �`�� .� µ� �-- . — -�� Nota Public State s��ai"��exas �"� � � �,, C THE STATE OF TEXAS COUNTY OF DENTON } } This instrument was acknowledged before me on the „_ww�ITITITITIT� day of 2016, by ......................................................... THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This instrument was acknowledged before me on the _wwmmmmmm � day of 2016, by THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This instrument was �ta;��awl��„�.�i before me on the ��_ day of �� ,�� 2016, by a � � � � � . � -° � �� " � �� '� City Manager/Deputy C�ty� 1"�°��:u°IT�esignated w�....� � Representative, on I��1�" of the City of Denton,cTexas. ,��6�� u �w �, � �� , �� (�• �arc �� 1r"4{�N P �'�,�P [{�'hfpfal�flJ'J �� iw� � � � �i��im,o��Frii�i�r�, inii r�i ii�t�a�r�� ,� �� a 4kfP�I�M I �`.I" ��(� ie�.�f}I � A , ��' � � „"io�sv i�LN?I/"�l�t��Ellf4��y"��fl� � �. miw�wii¢y�,�w.'.�mMW'IPViu'� m I�o�WIIW0lwumryA:YW ^`,'�9RWd�upY�WUw�`3UNtliM YVY� R,�uummtl,yUl@n f1Y1f� �oUNNM� ��„�.� A� � �, � ��`�'` `�� a,�`" ��"°"�, � � �� Not y Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY f BY, �._... . ��d '�,�...�� "�u�`" ��.,,,.� ..._�� :��^�� '� � ,��,o_ _ � �. ��' d'� �� , �n,� �� „ �.... �'� � �°''�� ' � �' �� .� �� After recordin� return_to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations\NCJ�3.4.16�PAA4\Stewatt 37428 Non-annexation Agteement 2016.nc.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 Delma Stewart ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 3.690 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed dated February 19, 1970 from Freddy McConnell and wife, Barbara McConnell to Kenneth W. Stewart and wife, Delma F. Stewart, filed for record on February 27, 1970 and recorded in Volume 599, Page 7 of the Real Property Records of Denton County, Texas. Said 3.690 acres of land, more or less, is commonly known as DCAD Property ID 37428. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the properry and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March l, 2016; � and ��,...�., � � ::''7 � ; n ..... � � � p: �.� ��"� u � :�'� �.�" I� ` � f _! ° � WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation o,fmmETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Properiy for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin��ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: 2 (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and l. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinanes, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. 0 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. 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 �; � . _ � —�. . �� '""�� . .... I��lma Stewart � THE CITY OF DENTON, TEXAS e�.�� ' � �' � �� „� � �� N::��'.��" ��" � �� . .�., �.� City C�� ,��•, ��t� City Manager, or Designated Representative „„„��.��m � �� q � k8hd,p�;�, &'M,u�lld'�k�W�^tl ��4W'PI��4�ifV��tl � �• THE STATE OF TEXAS °"�'�� 'r � , ,18�ialre�ubd�'ra�u�do, "�'9,�4��,��m*na.r„ �� u��aa'��y.0 ��V4o�ar4�"� II ��;"M�� COUNTY OF DENTON } p��,��n qk u��h��r� �� w,�, ��,� �� This instrument was acknowledged before me on the �":'�� 2016, by Delma Stewart. THE STATE OF TEXAS COUNTY OF DENTON day of �� 'µ � .��. �� , r� � . � �„� � ,-��.� . ��.,..��__ �M �� ..� .............. __ ........�.�_ t�otary Public, State of Texas 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 w___________ w 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 l"C�.�:� ��^�1�tn. ✓rv f� "� $�, �1�;� c� ��.�i�e�� d��Cit�z �:fl�Ma a� e�De nt� ��"��"�� °l�� i��r��Mi�.�� d�� c�N � �� a�w�rl� , � � �� ...�...., � .�� '�'�� ...�, Y g P Y Y � � �"� ` � Representative, on behalf of the City of Denton, Texas, ��w�w vr�w'uw�v� f �.�� rcre ro�N �u:. �rtv rv� mnri la�„�suaff �,�n ,�y p� �V'4k�'�JI � � F�p,�ot I/"4f rl 1'�„9�F �Pk »n �� GJl}11�,f%`Y i'1Pf�� fC��li II Yf �±I Vf Y�/"ca � % 'P d� G�"� � e�e,�� r xuw �a�7 rr tey� � i<< �NIp� ., „w w �- I�d){ftii11Y`�I�,:�Phr'�v��'�� IIF�..�. 6 4 . m. �m �,�. .. .�p�uui�y,y�Wry�'0��W00� MllV�Ovmn:^�JNNG�h�°nMN�luarwNPR,'9�Nf�a,'�Oun"�4h101J�miwvp�PO;vN�SINI➢M°mr�'tl�l� �m.. �.'�� .��.� ��I.�� Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: �� .�,��V`�� 4�f��.=:'�„,��.�«�'„�1_.....��..,�� .��g�"�� i��"� P� � �µ*,�'�„�,"V �� ...,F � �. ' �'� '� �. ... After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�,Annexations�2016 Annexations�IVCJ�3.4.16�PAA4�EIatridge 37429 Non-annexation Agreement 2016.doc wDw,y� p,�� rW"� �� y,yy �':'>�`;u �. A � �.. CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE 2016 NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and Kenneth and Glenda Hatridge ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 3.736 acres of land, more or less, situated in the J. McNeill Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed dated February 19, 1970 from Freddy McConnell and wife, Barbara McConnell to Kenneth W. Hatridge and wife, Glenda J. Hatridge, filed for record on February 27, 1970 and recorded in Volume 599, Page 9 of the Real Property Records of Denton County, Texas. Said 3.736 acres of land, more or less, is commonly known as DCAD Property ID 3 7429. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the properry and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference 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, 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. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners � �� , � �� + ,��w�� M�� , Kenneth Ha � tridge �--� 5 � �" � � � r''�"�� w� .....� .m .m�._. ..... ...� ... Glenda Hatridge THE CITY OF DENTON, TEXAS �� w.�, ��„� *��a�� w. By �,�„„�, ��,�. � ��.� � City P�I�r��a�;+��, �c��ty City �� or ..a.o�� _ Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the o� � day of m r�-�. 20 l�+ 2016, by Kenneth Hatridge. �� Nro�� w�� mm�� u�� ,.,,�.. �� _ . ��.,.� a �,��"�"�� a��uup ��'��"uu� a . � �o �` �, a @Ja:;��a a4�� 'i.i��"�ad�a "�9r�m�a v �t �� a:',�,� � � � �� " ��aaieri�� ua�u�� "'�Ii�C�� 4.��1� � , �_ �`� :�a A��'�� 'll�llu'V�u'�N' �� s�� W �o,�n� � "" � � i ��„o,..W �� „a.,,.M,�,. �„�� ,..eo.,�.� do.v �e .. ��o�� THE STATE OF TEXAS COUNTY OF DENTON --- ��r�-i;�°� .................�. Notary Public, �ta�e o�Texas This instrument was acknowledged before me on the �_ day of (i�.��r1 �((o , 2016, by Glenda Hatridge. �� / � ;qII�yq�q��g �p�� yp�,�a � � �� p6fl�' W��'�.. ��!�?WIIMu� II��MFA','�� P�W '.. � � �GC.�.X�„�"�'`�' + ��^�� . ��a i��Nu'u� II 4u9 n91+w" �m��9m a,!P ��m � NOialy PUbI1C St1t0 Of TOX.... " _____________—_ as "'�„ ^'�°�"� ��- a ��:��u°u�u°�� Il w��.ubu�uM, 8��,.;.P�� f�� '�uo-p��wiaw�'�"�� Q''�i6w'R�'��II^��'�� +'��' r� . . woim . .. . �u�!� � . l�l 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 This mstru �as a�knowle g �' 1�� -e De u�� `i� ��vl�.�a �r��C��«i �r: ��t�,c �^ ment w��e�� efore ��C ty � Manag �� 1�� a.��",� . �,, � :. P �' �° � " " "" � �� 9, Representative, on behalf of the City of Denton, Texas. � � � � �u� � � � �� , ��n � �a� � �I �� q�� 1d�4B�l I I�if P{�I'IJ�wf1l�� , � " ��Ifr�R,P,;ryp��41.1<�, iIF+,Vf €�r �� r�,°, �� '�,"iy '�t�.�IVI�SJI V�MY"��k��b�F"'fo°!�f p ��vr'ix �' {�di,C�+"tiVrr�f(d��Pl��v"f�l� : p ,.�, M^r��w�wreu wr,w¢uiu� +o�uim� w u rwiiyw��rm�TMuut�p��minu mw;��rv s�ioou�wiw�ru� +�MrB�a�uaawUiuim�,wiopio-h �:� �� '��`��,��,��"��", N��N.��r Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � � d� �' °�," � ��..��I�� -"�"� �._��,� ....� � �" � " � � � � ��'�� '�� .�� r �� ,�� , �� ...� After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 O:\C,eg1f\Annexation 2016\PAA4\Gfasscocic Non-annexation Agreenrent 2016-REV[SL'D.doc . � . ,; � ' � � � ` t � � � # � � ' . � .. . . . .� ,# • . ! '# �. � • � # ia. � �� - -- - � �. • � � � . , . . . . - . �� - -� � •�- � - # _ . - , . •- •. • �.. . . ��. �. � � - , + � • � * . .� � � .,, �, , . • . • . , • � , � � � . � +, � � ' � � � ' � � •�� -� . . �� R' # . � • � . . . . IC # = ►: . � , . � � � . , . .� r - • • . � _ # . * . , - , • • r -� : ! 1 .: !'. ► . � . , � � --, ,', - � .�� - �'� ' �r' � �: . � •��- � - � � ' � � � � � '' • ! # ! ' � �' �� s • • i ' ,� ' � � � : , . � � �� ' � ' ! . ., � � �� • `�� • i � �- -'�#• - � �� ._ . � . `# ��' •� � � � � ' . I � 1 � � ��'� � � - �,, � . ; ' � � � �� . � . � ; � - '� # �� • f � �� ' '�� ' •' [ � � �� i �', ' � '� � �� - �'� � -, . �� '� • ��" � '�• � ' '� � �' ♦ + #' 1 � '' � � # • ' I ' # � �' i � - . � . .• .. . � , , '� " ! • �� + � � �, . � ''• +�' II ' . •. _ • � . ��,,' �, . ' � . #' � . . � . • # �'' • � !' � * ' ' ! � , �' 1 • 1' ' ' ,' • " ' � • � �' � • � � '# c . � � ! � •• . . � - *,* , . � ��. . � , .� !, w �'! ' � •''. �# " � '. w � .�' #' i � ��' � -�, 1 #' . ��'�� II � �! "�� #�' �• ' � � � �' 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 allaw the Property to remain in the City's extraterritorial jurisdiction (`BTJ") for the term of this 2016 non-annexatian agreement (hereinafter, the "2016 .��. s, ,� � �")� � .... ry � .. � �� a If � GJ � � � � � �'° , .. . < < � , � �� -�-�� . � ��-• . �-� - � � �� -� •.� � • ��- � . . .� � - ". - � . �� . . .� . . ,w � . � - . � -�+- � ,, .. , . � � .. �, , . � . _ " ' ' • � ' +' ' ' ! ' . ' .' ' r - - - � � - � - ' � � �� ' - ' � �� • , • �� - � �� r . - �� . • � • ' � # - �� • � � ! �� . • ' �� # �� - �� - - • �� , - � - , � # , . . . � . _ � • ! s� . . , _ - � - • . • • . . � . , - � � � • . . � • - � * _ � , � ., , r WHEREAS, Owners and the City acknawledge that this Agreement between them is binding upon the City and the Owners and their respective successars and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Recards af Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: , � � , i� � . + ,., . � . � � . - - . - w � . • � . � � , ._ � + . . . #�. + . _ + . , _. . _ . � _ . . _ _ . � � . � . � - . . . ��. .� . #_ ,, �..� r� � _ �, . �,. � . . * . � � � � , _. " . � �. .�� . .� # - # - . �.... . _ -� ��- � �� . . # . � . . . . �� . - - � �� , :� . . � � �. . � �� . � # � - r �� ' � '�� # � •, �'. � , � � ' � �. � � � l � . � � ,.. � � � . i • � '�. i � ' .. •, � � �: � � , � � �' • ..: � � �', � ' � .. �'�. • �. ��: • " ' ' � i i � ' : * � ' •'��. � �': �'.. �' ' !'. � � � . - � - �' ' � ' ' � ' � f' � �` ' �' • ' � � • . . . � � � � " � ' i�• � ' 1 �' � # ' • � ' '� � .. - � � • �- -s� � . •i �• . �. � . � �� . � ' � # �' � �'. � ! � �,.. . � � � . � . . •' ''�• . � , � ' � ��'.' • • � # . � � ,j ��" ' + , . ' � • ' r '� '� � � #' � +� . �' �• � . �• ",! ' � _ � !��" < <�� ' 'r', ' �'� . • '#.� ! �' # . � � . . � � � � '- . •' � �'# �' . � �'� � '# �' _! . ',# •',�• * . . . . . • • � • � • � �• � . � � . � �'. • �� " l •�' �' • " �� ' � � �� r ' - i• .� • '�# � ' ' ' ' � ' #, � � '', ' s � � �'� �` ��'� � � -�� (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 incarporated therein; (2) The subdivision and develapment regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including canstruction, 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) Dentan building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 2$ and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as fallows: 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 Cade, 2012 Editian with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 �dition 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. Natianal Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Gdition, with regianal 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 cantained within Chapter 33, Denton Code af Ordinances, as amended; � • .• - . . . • . - . - # . � � • . � • - ��- , � .� . . � , .� , . � # . ,. ' ��. , � * . , . - I-• . � • .• -, � . • • -' 1� , , •' ••• •'. ! . , f * '.. .. � ' .. �, . . . � •. .. . . • �: .;. • ., . ... � . ��. �. .. , �: .; • • ".. ' . .'. I • � .. � ., ,. � ,... •: �� '. .. •*" • • ��" �'•:. ' r�� ...� '..;# ." *�:" • • ��' �'•: ' r.. ��. ,.�... • • �� " • ' *'. . • �� •�.. � • �. ��. �• ' • •: . �. . � �. . ., � •: •: • �.:. #. �. " � • . . � �' .:... # �. ��: ! � , # • • . ., �'� !' � � " •�• � # ' ' � / � �+' . w' ' • "• � �� ! • • � '� � .•" �� '�' ! #�'' . ' �'� • .•' � • �# "/�'' 0 as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Cade, as amended, Texas Natural Resources Cade, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas �t�Vell Ordinance and subchapter 22 of the Denton Development Cade, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resaurces Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission an Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect Following expiratian or termination of this Agreement for any reason, the Develapment Plan set forth in Section 2 shall remain in effect for a periad of 180 calendar days thereafter, ar until the effective date of the annexation and permanent zoning af the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan af development that is submitted to the City far the Property during such period if such application ar plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might atherwise arise under local or state law, or by common law, from the submittal of such incansistent development application. The Owners further agree that no use commenced or completed an the Property that is inconsistent with the development plan shall be considered established or in existence priar to the expiratian of the 180-day periad during which the Development Plan is in effect. ,� .._ ..... ........ ... --- �d in Part_Vnl�pN�l ��'� Annexation. Sectian 5. A�reement 1�� Vai,, (A) If an Owner files any application or plan of development for or otherwise commences development of any portian of the Praperty inconsistent with the Development Plan pravided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and vaid. (B) Upon expiratian, ar upon breach ar terminatian of this Agreement for any reason, or at any paint thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, ar other such other provisions governing valuntary annexation of land as may then exist. Owners expressly and irrevacably consent to annexatian 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 sectian 43.052, or successor statute. This section shall survive any termination of this agreement. C! . ' � ! • . � � . ♦ .,. * � � , � w _ � •� � # . � � _ + • • � ' • � " • . � . �' •� " � - •, � � •• � � � � �. " ! • " # • •' .,. � ! t � ' � ' s �" # � �'! `� ' � � � * .�� ' City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Section 7. Recordin�. This Agreement is ta run with the Praperty and be recorded in the real ra ert recor p p y ds, Denton County, Texas. Section 8. Severabilitv. Invalidatian of any pravision of this Agreement by judgment or court order shall not invalidate any of the remaining provisians which shall remain in full farce and effect. Section 9. Remedies. This Agreement may be enfarced by either Owner or the City by any proceeding at law ar in equity. Failure ta do so shall nat be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry inta this Agreement by Owner waives no rights as ta 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 Capies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. and Extension. Unless extended by mutual agreement of the Parties, Section 13. Term.....m.m this Agreement shall terminate on August l, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement af the Parties. Sectian 14. Surviyal of Covenants. The covenants in Sections 2 and 4 as well as the .......-__'_ '_.. 9 consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as inay be necessary for the implementation of those sections. Owners � � � �F � _ ... - Btt� (::��9� °��ti��. THE CITY OF DENTON, TEXAS �� '"� w°" ""� �� By:�� ,� �� -- ��, � � � Cit I�� . _ ___ , - y«:, a r�r�c��r , Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the � day of ��-� �� ' . - _ m . ____� . ..,, �u � ��,��,�� .�� , w� � �� ` �� m�� W� � �� ro ��d �m�ea�� , ��d�� ,�� a�m� �a �� " � ��"�, � � ��;��u��, ��wow��,� ��-�1-�.�'��u� � � �" �Y� ��6M�� "wl��p ��'� � ��b� � � m qdN9W � � �� ».rwmres,wn�waW'� . . . . . . . . . THE STATE OF TEXAS COUNTY OF DENTON � �,M ��wp� ��{ � V � � 5„ww.�+Mx++"'.,""'�M".,�'r„ ..._._. .... '�i,..,. .... .......__... _ .. ., ...... . ._...__ .. � .,,,_,,,,. ......... ............._. Notary Public, "�'��` �w of Texas °��"_�. ..�� m�` � �" g. ��' Cit Ma a� � day of ,,, ��,�� d?t) B�r, M�r This �nstrument w,��, µ�� r��v�led ed before me on the �� ,.� �� _.__ ,�m�m� � �";�"". ,,.,,� �.�,:,�"'�� ,� .. ......... Y ger/Deputy C�t��y � r ��,e 1��. ��R��tl��.�ctl Representative, on behalf of the City of Denton, Texas, r�ea�� .h�4rti�Qy�la"�"9Uli"Nu.l��P�4�L�o"fi1'��i��, .. W�mu W� u M1 96 � � � .� � "� �� ' „- �"� �r �:��fl��. �...�R�'�� '�°�-�,Q�� k" � � n ��, �,�� ,�r �� u��,� a� ��a�:�� Au��ri � � e.. w.� � � b..�d�� .� �mm� t�� ,mw��a�_ �, �� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY I� { . "��^ �"�'� � ��^..,, ,�G�� .:..._ :: ,�� Nc�4��•� Public, State of Texas � �� m.� �.� �� a�� ,�� m.. �:�� .�� 6 After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 FXHIBIT A BEING all that certain tract of land siNabed in ti�e J. Stewart Survey, Abstract Number 1150, Denwn Caimty, Texas, a portion of that certair► tract of land descn'bed by deed to Jesse F. Baker, as recorded in Volume 515, Page 227, of the Deed Rscords of Denton County, Texas (D.RD.C.T.), and beiug more particularly described as follows: BEGTNNING at a S/8 inch iron rod found for the southeast comer of the herein described tract in the North line of a 60' Road Easement described by said Baker deed (commonly lrnowa as Ganzer Rpad East), said pourt being the southeast corner of said Baksr tract, also being the southwest comer of a tract = of land described by deed to David M. Eberhardt, as recorded under Inshvment Number 2004-87180, D.RD.C.T.; THENCE South 89 degrees 28 minubes 49 seconds West, with the south line of said Baker tract and the norti� line of said Ganzer Road East, a distance of 334.77 feet to a 5/8 inch iron rod found for comer, sa��e li�irag tiee souih�a+est �rner �f �id �akes tract, aLsc h�:n� isa �e e� li.� of a vrac: cf iand described as "Traat 4" by d�ed to CatdenWn 35, Inc., as recorded under Inshument Number 2013-15912, D.RD.C.T.; THENCE North 00 degrees 45 minutes 56 seconds West, with the west line of said Baker tract and the east line of said Catdenton 35, Inc. h�act, a dis�tance of 374.62 feet to a'/: inch iron rod with yellow cap stamped "Arthur Surveying Company" set for comer; T'SENCE South 89 degress 44 minutes 08 seconds East, across said Baker tract, a distance of 334.89 feet to a%a inch iron rod with yellow cap stamped "Arth�a Surveying Company" set for comer in the east line of said Baker tract, same being the west line of said Eberhardt tract; THENCE South 00 degrees 45 minukes 20 seconds East, witi�,the east line of said Baker tract and the west line of said Eberhardt tract, a distance of 370.03 feet to the P'OINT UF BEGINNING and containing 2.862 acre of land, more or iess, and being subject to any and all easements that may si%ct. S:t['lanning\Annexations\2016 �nnexatians\NC'J\3.4.16tC'At��d\I::berhar�it 37�475 IVon-annex�tion Agreemetrt 20 t6.doc � • � � ;� I � � � 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 66City99) and David Eberhardt (bbOwners"), the property owners af the hereinafter described property (the "Property") in Denton County, Texas, sametimes individually or collectively referred to as "Party" or "Parties": Being 10.00 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated June 25, 2004 from John Squire and wife, LeAnn Squire to David M. Eberhardt, filed for record on July 1, 2004 and recorded in Instrument Number 2004-871$0 of the Real Property Records of Denton County, Texas. Said 10.00 acres of land, more or less, is commonly lcnown as DCAD Property ID 37475. RECTTALS 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 66Annexation 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 atherwise 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 ta authorize the municipality to apply development regulations not incansistent 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 upan Owners' representations and City's investigation, it appears that the Property still tneets 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 �,�". " : " "� "f � " . °� 1 , > �� f �� . �� m�.1� WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA99 ar "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purpases, 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 natice of the City's intent ta annex the Property and the Property may be annexed upon the City's institution af annexation in April 2016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term af this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Recards of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereta agree as fallows: 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 defned, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Sect►an 2. Develapment Plan. The Owners covenant and agree that use of the Praperty for the term af 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-fam►ly detached farm or ranch dwellings, provided that no single-farnily dwelling may be located or constructed an a lat smal ler than five (5} acres unless the lot was created prior to the date of this Agreement. The property awner may apply to the City for division af the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set farth in this section without being in vialation af this Agreement. Such uses and activities constitute the develapment plan for the Property in sat►sfaction af Tex. Loc. Gav't Code sectian 212.172(b}. Sectian 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended fram time to time during the term of this Agreement, provided that the application af such regulatians daes nat result in interference with the use af the land for agricultural, wildlife management or forestry purpases and does not prevent the continuation af 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 (66DDC99), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zaning 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 Worlcs Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters ] 7, 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 Editian with local amendments; f. International Mechanical Code, 2012 Editian with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2412 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. Natianal Electric Safety Code, 2012 Edition, with regional amendments; lc. 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 regulatians, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission an 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 l 7 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 l 80-day period during which the Development Plan is in effect. Section 5. Aereement Deemed W�id in Part: Voluntarv.Annex„ation. (A) If an Owner iiles 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 �nay 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 af 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 praperty records, Dentan County, Texas. Section 8. Severability. Invalidation of any provision ofthis 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 af this Agreement thereafter. Cntry 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 af this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 1 1. Venue. Venue for this Agreement shall be in Denton County, Texas. Sectian 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Terinyya,,,,,,, mm,, xtension. Unless extended by mutual agreeinent of the Parties, nd E this Agreement shall terminate on August 1, 2020. The Effective Date ofthe 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 provis►ons, as may be necessary for the implementation of those sections. ��+w� "� � �� "'� � �" �-�� -�.,� _ .. David Eberhardt W�M' E THE STATE OF TEXAS COUNTY OF DENTON �� , �� bh��r � � � � �� ?�N ta��;��utfi Ebew��. � �, *� � ��r�'��r� �n��W&�� °w�u��u ��M� ��w��m� � � ''� �� _v� � ��'m,;m�o��. ��,u��'�u� '��w�� P�� i �� '"��ur" ��M��7� �� '� ��V�� h� �� w��" �� ° THE STATE OF TEXAS � COUNTY OF DENTON THE Cwl,� �D��" D�:C� I � �� : �� . By. �„�,� �"�;. �� °��,�� .�.�mm City G'�`��x�;a�, L eputy City Manager, or Designated Representative before me on the �j_ day of ��,� � T�OI � ��'",��'�� ..... � � _ Notary Public, �"�� °�d�.� of Texas This instrument was acknowledged before me on the day of 2016, by ....__... • ..,,. __ Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 2016, by _.........__ _ . THE STATE OF TEXAS } day of Notary Public, State of Texas COUNTY OF DENTON } This instrument was acknowledged before me on the 2016, by _ . THE STATE OF TEXAS COUNTY OF DENTON } } day of Notary Public, State of Texas � �� s ua�wl�•�u�r�� a�� acknowl�:�6��^.aB before Krd� ��ma �k�� ,�,�,�"�� m� a�� `�� w�dS��, ��F ��°'��.� � ,� ,- __ � �"�� ` r�� „°, ��"� � ��,� _,, , (:;6�v ��,dAp��w.;�°18�c•�� t.'ity� �^I��r�r��,�,all��mu2�t�.��i ��.�� Representative, on behalf of the City of Denton, Texas, Nw.w�m�iWlo� u�VW�1Ma�mmi�mtiMa WN'Wawarh'➢'�...IG�YW �UOJ �I�WOW�u��91N ..,, �� N4:a�,.u� .V p µ�qpp i�� .. mOUhnYtl � .•I�Vy�ll � � I��4�,..;pk 9k"�4U�II.uPuwS'4 N4'tb $� � � q� i' �� r�i '� �i l k��9td Vi� :� "��VH.. tlJ�� }k hH:V �� "` ��" - � '�'V't�V�'6P� I��"� «a�d �9 �P�� J� ,��Ruwo�� "�� il��,�� mNNIM �� '.,.� �. �. � �,.� . xe�.� �. w� s�.�� .�.� . . .. . . �� wu.w��J'UWOM4M��90fNJ�N�O�pN � � �'��A �� .. � _��"��,, ,,, �� "� . _.:_ °��.�� Naa�� a�� Public, State of Texas % APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 r f�� . ♦ � , , � ; � �-, � , � � ., . 1 ,�� 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 Laverta Crowder ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 12.000 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated November 18, 1981 from John Porter and wife, Margaret Porter to William M. Meaney and wife, Jane C. Meaney, filed for record on November 19, 1981 and recorded in Volume 1113, Page 51 of the Real Property Records of Denton County, Texas. Said 12.000 acres of land, more or less, is commonly known as DCAD Property ID No. 73546. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and �� w,��,�� G� �....� � �°'�1 °� �� d:u'q � p �� . � '�� WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the tertn of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 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). Section 3. Governing Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not 2 prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; Voluntarv Annexation. (A) If an Owner 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 surive any termination of this agreement. C! Section 6. NoticeITITof Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabili . Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners , - � �� `��" � ��,�,�r �� ,�,„��° � _ _'��.� ��'� �° � �.� . __ .�„ ,��v m�� Crowder �� 5 THE CITY OF DENTON, TEXAS �� a� � �� ^� � By: � �^'�� ,,,�� :� ��w.,� �, ..,,. City Manager��c��mty City 1'�'1��a��;�', or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON a� 1 � This instrument was acknowledged before me on the day of �1fu�G�Zo 2016, by Laverta Crowder, � iwrvwWWw�i��w WN �10. .W�i�iloo . � omuWp,abwN � �kMl VPL9d'a� . nm�.�.�e. T�II�Ww�P ��N'A��II,��N�M"� �...... ��a�a iwi;+�� ' �'��,u.; R V°�'G II�V��r� V�@,��➢�dm::� ^��a�4W � d"��I� ��"�N»�'�'� �� , � � a��rt � d �wn�`ro�uu N �p�Nr�r��w µ�V ��' ,�� c�j� !l.C.✓f-+"� ��a�"�'�y��»�'� u'w��mm��!� �M� � ��m"�� II �w Notary Public�. �e_��, ....... _w........ �� State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instnunent was acknowledged before me on the day of 2016, by _ Notary Public, State of Texas 0 THE STATE OF TEXAS COUNTY OF DENTON } } This instruxnent 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 �,��a. � .� This instrument was ��+��Citc�w9�,��i before me on the �`wwwww�� mmmm day of ,� .� �__, 2016, by ��_��",,��,��.�m _� � City Manager/Deputy C�t;� ��t��c��11,7esignated Representative, on behalf of the City of Denton, Texas. iww.www4W"�vnmMfYY P�rvw,roN�'d �df w'�'+'�"� Pld �iYi'4w 19f NN"Jmr'M*�� v ✓fPYIW wuSdlllw: e�� +1d2 I: ��,�r 4464��PIx` ��b�,,.�r �i � ,��a } 4' �n�,Gf��i.��.�t, ,��r¢°r�ti ri,,��.:� � p� I�^� (�<�.nl��f��V��. �'��;;;,r'.��. fi�i�4 �rt,:N� a�� f ( I� � 41.�`� ��be)1F�f��'��4d�k��l� I f k . ��lv+v�iw�Il�mmm�4�amW�.w�'ftM�»16wN�'�'�^��IX1N9u1 �H�wx,wYl�YaPww�tl�dNUr�uwwuibu N1tiN63V�','�+iiWllA��n�rt�IN��u�FIWJM� ..�, _.._�" � � :w � �. � .. �,,, � "� �� "' � �� N�� `� Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : � � ��w�,�� .,�� a�l'�. �� N � � After recordins return to: �°��°�� °��"" Jennifer Walters � �� m.� �� City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�P.nnexations�2016 Annexations�NC.T�3.4.16�PAA4\Smith 173437 37426 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 Randal and Nancy Smith ("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 7.287 acres of land, more or less, situated in the J. McNeil Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General Warranty Deed with Vendor's Lien dated August 1, 2005 from Layne Brewer a/k/a Layne J. Brewer and wife, Laura Brewer a/k/a Laura J. Brewer to Randal E. Smith and wife, Nancy L. Smith, iiled for record on August 8, 2005 and recorded in Instrument Number 2005-97613 of the Real Property Records of Denton County, Texas. Said 7.287 acres of land, more or less, is commonly known as DCAD Property ID No. 173437 and DCAD Property ID No. 37426, 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 Properiy may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Properiy for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference 2 with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, 3 as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; Voluntarv Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. � Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin . This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section 5B, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners � '"� ,��.,,, �. ��_ � � � � �...........^�.,.... `"�. � ...................� __..... Randal Smith 5 ��,�� .�� ",;µ��' �" a"� �� µ...�« �; "� .� m......._. .�.....� ................. Nancy Smith THE CITY OF DENTON, TEXAS a��'�� "� � �� By . � �.. �.� � a, � �,,;�°� "�rr��.��- City �'I`� ��;er•,��.��t� City Manager, or� Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the _ s day of .2�+��m.m......._ ............��.�.�....��'!-.,a________...� .................� 2016, by Randal Smith. THE STATE OF TEXAS COUNTY OF DENTON �� Gi�„�� ww �rr� � �.�'" �� r� •,�'_`� �`. � �"� �, �'�p"�'`��i rf` 'd �. �.� �'""a/,�w",w^' ��" ,„��.�"�„ �:n��'�"v�� "�ty ,..,� .�' � .. � � � »�'� ro �r r�, �,,,, ' . ��,,,�"'"" r _� ..... .'"��"�.��.__. „ � �d" °� "� k � � "��,�•y� Public, State of Texas � � ti�'� �"�" � �� - �� °��M� �� ' �� „" �°��"�� ° '� .;�� '�;�, ��.,.. ..�• ,µ, �'��'RPN�lPBQ&695��^��"�� This instrument was acknowledged before me on the �� day of ym /''�-� � � ..................... 2016, by Nancy Smith. ��w "��1 �µ�l�i �°�rrrf��,�, � �,�a �� , � .. �� w ,�� `� , �°. � �,4 9�'.�� . . _ ••q � .._, f TJ � �� tl'. �,� 4��, ��i�, '�'� p�,�.�'^�.�� s ^� �1'�" �. �N ,�� M " � ��dd'�`JCtltlM�6�h'A��"""�'�� M � � �� ,� ��w� �. ,� � � ,.�, ..n. � �f�� . , . __ .._ Public, State � of Texas THE STATE OF TEXAS COUNTY OF DENTON } This instrument was acknowledged before me on the day of 2016, by � THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This instrument was acknowledged before me on the day of 2016, by THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas ��`�� s��.�r�� 7t��lc � �� Cit Ma er/De ut �."�t ��b ,..-� �Cl��, �� 1��1Ksi� r�� °a� �1�� g.��:..�. �I�.ay� ��".� »�� '� � . P Y `.y ��a��.�P�m}��i�,��t�.�� Representative, on behalf of the City of Denton, Texas, a �� n �� a �n��,� � �,�� - �, ^' � i��iG � ��s�:��¢�i��'��r��i � ��»��,, �°"'� � � r��tis�i��o�ir��4�ra- �rtii r,tiT��r�� ° � r,�:s��i�� s..��p�� r�rr � r �� r � �Wp� g �, .. � �r ' b��w��,i��is��r�� ; � .�wd» m�m�mmroromm°�ar�a� uiu�w�Dv�vwur�o'o�o�u mmuauu,�nWdttr� +s�pWd��a rm�ars or�uU�uttarmm;�ttruwmnmm i� � �� .... _ , . � �� __.�� .� �.�� Nc� �� Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : � �� .. � After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:\l'lanningWbnne�ations\2d16 Annexatrca'7s\NCJ\3,4,16\PAf�4\Caldwell 37451 I�lon-annexatrc�n Agreement 2016.doc 03-17-2016 P12m2� 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 Elva Caldwell ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 3.706 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated April 26, 1965 from David Mulkey to Jerry C. Caldwell, filed for record on May 10, 1965 and recorded in Volume 523, Page 97 of the Real Property Records of Denton County, Texas. Said 3.706 acres of land, more or less, is commonly known as DCAD Property ID No. 37451. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin�Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: 2 (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; Voluntary Annexation. (A) If an Owner fles any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. � Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners ! � "M � � '� . ' ��e�e rn � � , � F ,� , �' �,��,��r'� P V 1i� i., Ild . , ... l��,„n r.a� � �,. .__..._..a�....�.�.�Cald..��_�_m � --- ......... ......�� Elva .. ............ well THE CITY OF DENTON, TEXAS ��,w. �w� ��'�� "—�-a�°t��•�,SDe ut.;,.:( � C'��tr��'�N,.or..... ,� � P Y . �� Designated Representative THE STATE OF TEXAS COUNTY OF DENTON } -7 � This instrument was acknowledged before me on the � 6 2016, by Elva Caldwell. �,�rdmt�'M0. ..'�,',. . ��O,�w��pl. ..:m%;'�`. , ��"r �!`s�,� SUSAN ROMIGH �' �� ryutery Publi� �� '� '�� STATE OF TEXAS x�� a�� 2�� MY Comm FxP. Dec. 1, 2018 ��,�� .�w THE STATE OF TEXAS COUNTY OF DENTON . . � �`�'_ - This instrument was acknowledged before me on the 2016, by day of 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 _____ Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �m day of 2016, by _----- ....... Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON � ,, � � This instrument was ��a�ic ��a�d �� 1��,�' before me on the _� g ,, ww p� �� tt 2016, by �_ , � �,�� "� .� Cit Mana er/De ut C�1 1'��ra�� ,.,��" � da of �, . °��r...��"��..,��: ��"��?.�.�._�._mn Y , 'l��esignated Representative, on behalf of the City of Denton, Texas. �� o� � � � � �� .� � . . .., : �� +�°�� C�,Si4i9 9bGG ��N�M9blb�,+"�I,4 � � rsP7l�,lt'ru�'Illhfff qb'�'F�4i t)Y I��`I' �o�� ,.��.�G�� P�� a:��b �� "',,� �� ti��+�� :�� r ��°,°�� u�µ� w� �� q �I�li10 �uxlW'iWiW�W ��P o J4!1'!�'�iMN%GUIXr'A�IB�NPryryyN��INJi� ��°'��NVII�' y.!4'�;�'��I�Ab�,i.l!��1411VWdu I .. �p �".. ��" �� ..��..��„��" � �� ";��.�� l�� ;r� Public, State of Texas APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �. �p��.��.��.��.. �.� � ��-�—��:�_�� . .�:� � � ��: �� a�� . �� . �� " �� .� � �..� �� After recordins return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�nnexations�2016 Annexations\NCJ\3.4.16�PA?s4\Schertz 247041 Non-annexaiion t#greaaraent 2016.doc i,) 7 '.a '� .. � � � �`':i CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE 2016 NON-ANNEXATION AGREEMENT R�" � 7 � ; �; i„� �� m �m�� _..r� �. 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 Homer Schertz ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 13.96 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Warranty Deed dated Octob�r 14, 2402 from Tessie Schertz to Homer Samuel Schertz, filed for record or� October 15, 2002 and recorded in Volume 5192, Page 3323 of the Real Property Records of Denton County, Texas. Said 13.96 acres of land, more or less, is commonly known as DCAD Property ID No. 247041. 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 inunicipality's ET3 in exchange for the property owner's covenant not to develop the properry and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and 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 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 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 iive (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: 2. (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner �les any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections l and 3 of this Agreemer�t shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter G 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. � Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners � ��" � � �� „ �� .� „�, �� . ......�.. �w.........�.....� .................��.��..........._ � .......� Homer Schertz � THE CITY OF DENTON, TEXAS p� �� o.��,� � �� BY�, � � � � �� ^�" ... City �a��,��, Deputy C�it Manager, or Designated Representative THE STATE OF TEXAS ra.x�c� COUNTY OF This instrument was acknowledged before me on the / 5�'` day of 2016, by Homer Schertz. � �� rw ��-�. � �m.:;.�. � � �� v� � �� . � �� , r ti � A��JA � i �? �.�r �� (��6�uy�� s�I'�� x�F�`C�� 4� � � � . � d� �.,E�iiii�i�r, f wg,��i� �a�f^ €>f Ir��,��x� � � � � ! It��r�� r I Eil rUr �� .� � � �� .�� I� � � u, ��ti Cld iC� 1�Y�(! � ��' , �� ` � fi � � �M ��w � �°��'��M4 V�faai�u<<hw hf2 �"fF�'�'1°�('a �C" ...�m.� �, ��..� Nota,ry F�� State of � �,�� :w,y�y,��,� onw�,im,�w�w.r.x„�mmm',momuomM�,mMituk��m�p��a�wuwm�6imm�e�+rvi,wfw�xolM�s,muw'^s��:iUUim�ru�;�lflar �. �r:r��r:vr�c�»r��:i�� 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 instniment 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 ..� . ......................a�...�...��.�,. .......n THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas ��. � � i��a� mstrument v� �� e me on the �'�.�,� day of _� '��°�� , 2016, by � � g Ci Mana er/De u Ci� I'+��►��s.,��1'�:�esi nated �� ," � � '� ��, � tY g p tY � �' �� . g �� ^� � �. xac�v�r e e or.... _ Representative, on behalf of the City of Denton, Texas. �� u � � , � � ��s� ��"� °""° 1Faf fl I l��f� V RO�f'p"'� � t� } � U �� r� ia�rP��fJrfC �r�si ir Ir+ri r�l �i �n�",� 14 u;�� oE�„%�f�l�'M1 � �I� C��4 � M lfh I f �� ` � `� ��V�Y�"�V'�"fflir?�r��1� �� ` 'f r,.��^�mwuuww��m��m��M�u�u!vr�um�rwo,Yti,�,o�^+��ry�rflwvm�mm��ouu�iwa mivauu�w�a�� ^'� �"" ,�� m.m � ..A. a � � . . , Not ,�� Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : �,�,�,�,� ��;�� ,� � �,�� After recording return to: � �� Jennifer Walters � � City Secretary 215 E. McKinney Denton, TX 76201 S:\Planneng\Annexat'ror�s12016 Annexations�NCJ\3.4.16\PAA4\Carter 37446 Nan-annexation ,4greement 2016.doc Q� :� ,.. � P� w�. �� °N as � Q� �� m � �� 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 Reba Carter ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 3.706 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in the Second Tract of that certain Warranty Deed with Vendor's Lien dated April 22, 1965 David Mulkey to Willie F. Carter, fled for record on April 27, 1965 and recorded in Volume 522, Page 556 of the Real Property Records of Denton County, Texas. Said 3.706 acres of land, more or less, is commonly known as DCAD Property ID 37446. RECITAL S WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin��ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: 2 (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. b, c. d. e. f. g• International Building Code, 2012 Edition with local amendments; International Residential Code, 2012 Edition with Appendix G and local amendments; The International Fire Code, 2012 Edition with local amendments; International Plumbing Code, 2012 Edition with local amendments; International Fuel Gas Code, 2012 Edition with local amendments; International Mechanical Code, 2012 Edition with local amendments Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. 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 fles any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. � Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival _of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners �� y� � � � �, � , �,� �.� ��: ��.�� a� Carter � THE CITY OF DENTON, TEXAS � � ...�, �� ,�.a � � �� C it� � �, �� p Y.."".. Ty �" "�_g . . ; . . y�� De ut Ci Mana er or � Designated Representative THE STATE OF TEXAS COUNTY OF DENTON } �" ��;,,�� °��* me on .the � day of , 2016, by ��"�`��". NICNOLE ELLEN EIKINS a� ��"�;�, ��"� � Notary Publlc, StaTe of Texos � •. �"�� ' Comm. Expires 1 1-17-2019 . �°w., �� n� �„�� ,,; W Notary ID 130443153 r � �� ^�� a � �. � �� ,� N�ai�� yr 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 } } 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 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 �v;�� I��rc�v�l�,a��;��i before me on the ,'��'" ��,�w.m _ day of �,.��„�„�� „ 2016, by ��"��.��" ��.:� .�.�'��'�,��u�'��City Manager/Deputy Ci�v A �'l�ay��:r�%L�iesignated Representative, on behalf of the City of Denton, Texas. �� o m� uow � or �wrr� � em� uoou �m �u� uuw�n .. �my � d �� ,�Mi''Q�'��°�' � � ��a �""Ga�,�'��,�"�"?'��'� i � �" r� aV�Y4"�Y�1Pk�"fl'kYll�l��"�"T,FMO� 4SM ��:�9''i � p„^vp��II,m,!A llro �y�ry¢ a 4� '" � �I�re'�4,+n4b7114�. 4.m��l�k W�qk xC "�iI�,Y�d I� g� _"� mLp ��p ,. � � � 4M� �"e�. � G II q ' UF�u��,V V�,� �'.es�� v�� .. �;9;WU�N:ViioNiM�Vluo I�4v�'�'�'MOul�lu'W� mmW�Wi�`^�'tl��u'N'I'W'NIIN � . .o�uwWwl'Wo iillWb:�' � a �.... ................. ..____._ � � �'M�.....: �.,: „ Not�� Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � � BY � :. �'��'��--�-��. �� ` .....�� .��`�...��!��?�:'d��t, �.� .� �� 1��"�� °`� �,��,��, � ° � " ��- ne �� :� �"�� After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�P]anning�Annexations�2016 Annexations�IVCJ13.4.16�PAA4\Konz 188365 Non-annexation Agreement 2016.doc Q� .� __ � �'�' .�� ✓ � � �� r� �� '� 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 Dean and Tammy Konz ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being Lot 1, Block A, Milam Creek Ranch, Phase I, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 284, of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated March 7, 2002 from William M. Jefferys and wife, Suzy Jeffreys to Dean Donald Konz and wife, Tammy Lee Konz, filed for record on March 14, 2002 and recorded in Volume 5043, Page 1224 of the Real Property Records of Denton County, Texas. Said 1, Block A, Milam Creek Ranch, Phase I, is commonly known as DCAD Property ID No. 188365. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin��ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference 2 with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j, National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, �3 as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. 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. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. 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 �� ,� Dean Konz 5 Tammy Konz �,� � THE CITY OF DENTON, TEXAS ��" �� "�� .� B� . ,,�� „�� ,��.�. City &�`i ��7��'� De u... Ci M � ..... � "� ��, p ty ty anager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This mstrument was acknowled ed before me on the „ �� ,� �� "m" ' g � day of �p'� � �� ..� , 2016, by Dean Konz. � �� "'"�� ... � �� W�MI�i�'� �� ,.�� u�� u m �� a� �w � ��m�..��wm �"�� _ �� ,,�. ��,,�,��. R W � . ' � �'� �' � VN�.i�c�u�,�� V��u��ll�� ^�� .�„,� ��'up'p.bllmp �'�"p�lu8u"�r�'�u�4�..��'"��'�"�'�u�„u NOtaTj/PUbl�k.P�,Si�t00f1�Xa9 �"maaarom�wn� ��!��+�' �'� � � �� . . � ��IPf�� p�l�flpllllf � �i�YIIIIIII�J �.. � � . . THE STATE OF TEXAS COUNTY OF DENTON This instruxnent was acknowledged before me on the ��_, day of ��"�,��; �� , 2016, by Tammy Konz. � � �a�� v�"�� u��,�u ��"�� . � � �� ` � " � � u� ��°��° ^� "� �� ' � ��duuu.u.p. ��uµ� V�'�-u�N�m ��i� "°�pr��wu�w��'� � ��W'� ��I� ��'��"��u�� .��u��: " � �i�� . w�� t��,� ��,��, �� .... ��k�N=�r T��N �i�� . �a� �"�,�� 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 x � ___..........._._... 2016, by Notary..Public,...State...o .......... .......................................... f Texas THE STATE OF TEXAS COUNTY OF DENTON G°lai�, instrument �r�Aw ��:�n��;��i before �� 1�� ,�»��:�'°�� a� c�C` � "��_ �t�1��, �� *'�� `� �� ""�� C°ri�� ar�t��r�C��k� ��"��„� C�'��a��•Jt��a�i�� Representative, on behalf of the City of Denton, Texas. m W:w�-. GJ � N Offw W 00 nm'n � D!�✓ W�L�w I �9A y �: � �� +I4 I Yf�ll I 41`A �� /4 I .,. �µ h" I}r�1FTh1Ff iS4a� �t, }�I"ti�f Pi'a �� /x/�h�2 i k . s �' �' �.o�.kRvriP`v� V..�°E' f14b m?P". �"flY r° �, w � °';, f��91�49�t��Yr,��aS�?i� � � ,ea�u . e �w � �;+�Nna �mrrm�to,��»�+w4sa�o��u!�'��w�vw�r�N,vwra�,i�er �mT�P rvnsvav � �vuurm��w �� n owmV��rm�y�Wmu.: ��,�� µ � ��µ�� '�"�� .w�.�'��'�� Jc�� r� Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY I� After recordmg return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 O:\Legal�Annexation 2016\PAA4\Carter Shawn-Lisa 219639 Non-annexation Agreement 2016.doc I" .. �r �,.,,,..µ � 1 :!' . � , � ... � � , +� "� . `.'r "7 � I � �'I d.'� � CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE 2016 NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas (the "City") and Shawn and Lisa Carter ("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 2.00 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Gift Warranty Deed of Correction dated May 2, 2000 from Reba M. Carter to Shawn P. Carter and wife, Lisa M. Carter, filed for record on May 2, 2000 and recorded in Volume 4580, Page 795 of the Real Property Records of Denton County, Texas. Said 2.00 acres of land, more or less, is commonly known as DCAD Property ID 219639. 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. De��elopment Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin�Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: 2 (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, � as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Develo,�ment Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�yreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. 0 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATT'N: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. � .p �� r°� ..��,�� ,. .. _ ... . � �.. _.....� �.,,�......._,. a��v�� C ��.� E .� "'�' ��" � ��., �� o�„„ �- . , ,. � � � �"� � .�� .� ,.� � _.A... � �� .„. �-�� °' Lisa Carter THE CITY OF DENTON, TEXAS .��°. ��„m�,,.. � ��,�� B�'��"� � ��u °�' ��.,��. .,,ee.m... City ➢''��a�„� , Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the ��.�,,,,,,,,,,,,_ day of .��,�,�,�;, �� mm m, 2016, by Shawn Carter.. ..�. W� . �� mmmn�a�k�m .... . .. n �w�uaio� . �.�a�,... �� .�6 ��&�� . . �� ' p�� »� � � ��%�Y �'�i��@�;. ��k'" �"4s'� ��:�'�6Q�w"n , ��r �"'��r ,��' ��a�m�tl�'b. ��]��6&��, ��°^��..��'��k ��J`�mq�MGrwMp��"�i�. �u'aP�a1�W� iH'qd° I�dk'��'GN�� ,� �� THE STATE OF TEXAS COUNTY OF DENTON �" � � �"„�� '��.�' ��"h�,�w^v��°'��. ��.� Notary Public, State of Texas This instrument was acknowledged before me on the ,�� day of �"� �"��"��.� ��""�� , 2016, � � �� r.� tci � m�� .�� a, � p'9a9 N P��r� @�� p�gFI' �µ�pp m„��,pp @,�� . �,a�'��,�,!;Wp`A�`ny��,� a"NPo'"911WUI„�N N'n�Po,W!W��lil''� � � ,y� �Uv �' IIW'��I��( p'"��I��. ��'U�� ..�� s�i��i�b � .� ��ju� �� '�, ,�. IW^' � � 0.Y u WM � ,^� � � ��o�� ms baa � �� b� � � eN ��"�" �� .�.��.��" � Nota��l�lic ��' ��" � �.��"��.��w. ��,�.„ � ��.��.�..� �� _ � ��w� � P�� a� � ��,�,�� `��1�� ... ry , � �>i" Texas THE STATE OF TEXAS COUNTY OF DENTON �,..w�� e This instrument �r��s°� t�c�R��v1�c��'� before me on the �°"�� day of '� �, .,,., 2016, by � �°� ~�° �.."� ..�� "_��.��.....�......�mm� City Manager/Deputy Ci�y N��r��r��rlL3esignated Representative, on behalf of the City of Denton, Texas. �� N �� BtlB J4 p m ,W y ,�'�5 d,y.�d� �.i�,��ll�� II . W'""tiW� ��u�lll�'�VF ��"4� . ti� � � � �� ;�u � � , o-h�� . ti , nsa w�uu��.i� ,�r� � � � ��4 �� "�fi. e _ ��"�M�Va� ��Y 4�u'� ��—��'��°g"� � �� , ' �� '�,V''�°�'u�s��",:m�� w,dmuz�m4- �� ,;��o��o�o� �� """ �ubo,��N��,�� , , No� r Public State of Texa �� Y , � s 0 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY I� ,�� '�� . �''� �r � � �_��" �,� �f ��`�„�� "„�'�... .�� ..� After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 O:\Legal�Annexation 2016\PAA4\Carter Shawn-Lisa 334526 Non-annexation Agreement 2016.doc y � '�'� . q � — �V �� "4� 'n V':'Y �'� '� �I;`� � .� I�M�'d 1:�� 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 Shawn and Lisa Carter ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually o'r collectively referred to as "Party" or "Parties": Being 1.706 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General Warranty Gift Deed dated December 30, 2009 from Reba M. Carter to Shawn Paul Carter, filed for record on December 30, 2009 and recorded in Instrument Number 2009-147764 of the Real Property Records of Denton County, Texas. Said 1.706 acres of land, more or less, is commonly known as �lCAD Property ID 334526. 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 _ETJITITStatus. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being ,in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin�gulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: 2 (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and loca] amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; £ International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and �. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, 3 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��,�c��,�r�r� T��,m�°��c� Vc�ic� in l'�N l� mmV,o��r��t�:a��mmAnnexmatimon, (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. 0 Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Co�s. 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. ,��,��`� '�'� � � ,..., � �� ,�'!��" ` �� a� �'� � ,� , � --�- � �=-- , A^'' l��.wn C��rl�r =X 5 U � ��,�� .. � . �� .. W...y�. � .� �A...� .� ,� � Lisa Carter THE CITY OF DENTON, TEXAS � �., ��.��" ��ww�� „��^ "" �"' �� ^� ��„�� "1+" . ��_ �""" � `� .r � � _ —__. .... .� �.�� , Crty �� r��, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �� day of ��'�� '.��.�'� ��k� l�� , 2016, by Shawn Carter. �m�� r��wawaro��,�� .,�.��"M1i tlI�W��fl�'�� ,�,. a"��'�W�rer,� ,✓„ , � �w � �M�u � '�+ U`�C��O'�� "��.�I�'N�� n �W�'d"��" �G.��O W�'�'MIX��w I �� '� �,�� "4�r��u IF��u�� O�" �d;fl�� '�ryµ"��"� ��w1d��r �� .a� ��w� ��.�..�,�.��o� �Q�� THE STATE OF TEXAS COUNTY OF DENTON �, „„. """qu 4��1C, St� Of�� w� ��..�m. � ��mm Nota� ��i� � exas �..,�'��aw ��:�t�•�a��r�� vv�� NM��c.cl, ac� �-��;�F�:.aN'� �� a�� tl'r�, � �� ' �w��. � s',� ,� �-� � cl � �a� �1 ��..�� .. ...� � 201 f�b 1� Lisa Carter. �� ,�� ..� ��nU�� ..��.�� ;�.�a'YGbN'�q. �.�( "�06�'� � Q.d� �R� ��'9M��a ,.. �.�� h � �✓ � �'�� `� � I��.��q� ��aa�6��o ��,o �� "�ti �� ' � �+� � � �.'�'�" �"��° �� ,,,� �� , �,�" �imw �"��°u" ��R�� W�' � ��"�� .. mrM.� ��u��w� � ..... ......... .... ... _ ................ �� ......�_ �""�� ' � � � � Notary Public, State of `exas THE STATE OF TEXAS COUNTY OF DENTON �°° : '� This instrument: �� wledged before me on the m�_� �'�'�� day of �'" ��,�� , 2016, by ��. ��..�'..��. �� .�.:�, , City Manager/Deputy City �1wt��c��°1��i�;��;�1 Representative, on behalf of the City of Denton, Texas. � �� _:. �� o� �� .oa �r, � � �� o��,o �� u��N� � ��m� �� `�d� �Pb �� o��'��^�r�� iiuw��ua. r,�r��u �uu�� u�r��m �� "�'� �`�' �"��Q�d'w�V'u� �°��ll�� ?Q� ""�� .�"N d" ��°�� q�ua�e � ��r�x°�+�g V'Wk.��'�"� tl�� I��'� ��0�"d � �„�, �,..q. M�� e, e �.��,m.o . mwm � . . . . wa�iww,a�uwip��pirror u�g,�im �i�n�r umMa��,. �� a� Nc� ��ry Public, State of Texas 0 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY `� � ,� �, , � � �� BY 4 __�.u.��'�, �� ,��`��mm. � �..,.��" �a ,��_� �a .,� ��,� ��" . � � .. � �� , �� .�% ,� �'; ��° After recordin return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:\PlanningWnnexations�2016 Annexations\NCJ\3,4 16\PAA4\Belanger 188366 188367 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 Albert and Susan Belanger ("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 2, Block A, Milam Creek Ranch, Phase I, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 284, of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain General Warranty Deed with Vendor's Lien dated September 24, 2001 from Craig A. Turner and Beverly Turner to Albert J. Belanger and wife, Susan K. Belanger, fled for record on September 26, 2001 and recorded in Volume 4930, Page 2235 of the Real Property Records of Denton County, Texas. Said Lot 2, Block A, Milam Creek Ranch, Phase I, is commonly known as DCAD Property ID No. 188366; and Being Lot 3, Block A, Milam Creek Ranch, Phase I, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 284, of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain Warranty Deed with Vendor's Lien dated October 8, 2002 from Brian D. Calkins and wife, Stephanie A. Calkins to Albert J. Belanger and wife, Susan K. Belanger, filed for record on October 10, 2002 and recorded in Volume 5189, Page 3302 of the Real Property Records of Denton County, Texas. Said Lot 3, Block A, Milam Creek Ranch, Phase I, is commonly known as DCAD Property ID No. 188367. 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 �ro . ,� ,� �. �� i � �� ,� WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. 2 The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin�gulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not 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; 3 (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Develo ment Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A_greement C��a�c1 Voidmmin Part; Voluntary Annexation, (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of 4 land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the ..__ consent provisions m Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. � Owners � Albert Belanger G,,,�� '� _ _� ----.. Susan Belanger THE CITY OF DENTON, TEXAS �.�� . �... �,� � M � � � � � � � �' �� By �� — ��,�� ,.. ----- �� ,� ��m��P City Manager,l ��i�� City ��rul4�or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON } � � � 4 This instrument was acknowled ed before me �� tr�� l�a� �a:� �� "�� g � � � ._ � � �� --�.:� �,� ____.�..� ... .....,� 2016, by Albert Belanger. 6lOZ-L L-1 L sa��dx3 �wu,o� ~� �� 4 , , s�xal lo al�1S '�IIQnd A�oloN �� , �� wry;M"� f SNIH13 N3113 310H�IN �'+�r„T„,rnti� � .�.�...�� ..�,�. �� n.��a.�.�. �� Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the � day of �Z�� , 2016, by Susan Belanger. ��wrsq�M, "' ,,��,��,p NICHOLE ELLEN EIKINS �� Notary Publlc, StaTe of Texas : � � � �� "�� ; � Comm. Explres 11-17-2019 :;��,�w°w NOfOfy ID 130443153 ,,,w_�„�w�� ..�.+��" r.� .� � �__. �. �� .n� �. THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This instrument was acknowledged before me on the day of 2016, bY ...................�W..W.....__ . 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� �¢�wd�•ati�� r�� ac�.r�c�°�v��1��9 1��,1��. �zs� c�r� t.4�� . �l��y c�f �� ' �� ..�, �i�l f�, 6�y � �.. � �"� '�"�� ^�� "".��.:.�..�„ +�"�ly �'N��•�1)��-a�� "it�� N'v'1��c,��f.��.��x��a��e��,e� ...� � ��.,.��:��:� Representative, on behalf of the City of Denton, Texas. �� .� �� I ..� �� ti ��dFy�,^ Aq""44�' "� � ,,,'7� �A � �� , uar7�u��^� ��iu�i uo��i�uu�� t� ,,a°�,a � � �"'� � µ�"��'I�II'�4kr� 9,:r4.�" G;�6.r��..��p�� r�- � �� U : I � ' �''M�4��P�.:�,�:��°'d' blf�1 �""��°�� dr » � nu 4Y4E'�� .. ...��,,..,, �.�om,. .,. �Awwuwll'X'�'u W� I�IWuuu ••• kl§�W��"�'W'u��N'� �... v �� ,,,� a �� `� �P Notary Public, State of Texas � 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : �� ;"��,j �,�� j "� �°��s `" After recordin� return to: �� ,�� Jennifer Walters � �°��" City Secretary 215 E. McKinney Denton, TX 76201 S:\F�IanniYrglAnnexatir�ns�2Ql6 ?�nnexations\N�J\3,4, l6\P�A4tCae��r, I3ent-Margie 1912.83 Non-annexation P.greernent 2.016 doc RECEIVED C�AR 14 �016 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 Bent and Margie Carter ("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 2.360 acres of land, more or less, situated in the J. Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated June 20, 1997 from Reba M. Carter to Bent E. Carter and Margie M. Carter, husband and wife, filed for record on June 20, 1997 and recorded in Instrument Number 97-R0041516 of the Real Property Records of Denton County, Texas. Said 2.360 acres of land, more or less, is commonly known as DCAD Property ID 191283. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 (`Bxtended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and �� ,°"p WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation _of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development„_Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governing Regulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: 2 (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and I'. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. �reement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. � Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners� ,�„,w � � ,, � � �� . ��"��'" .,,M„ �^"�� ..,��""�*'�"�. Bent Carter �,.. � � ,� �� ., � �'"��I. �"�' �� "'��"� -,� , - . Margie Carter ,� THE CITY OF DENTON, TEXAS � ��.� � �,�� a�� ' �� . B ty C'��.�� j��t�� I^�tri�� , .or �. Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the �'y� day of �i� , -- . ..... ...........� .... ....—, 2016, by Bent Carter. ��`""''"°"'�< NICHOLE ELLEN ELKINS � ��w �,��µ ,��.�� `�w � Notary Publlc, Siate of Texas ��:�"��" � C N��r� .rv IDr 1 304431 531 9 THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the y ,�" �'� �da of `.'j'Vl �t- � ............... 2016, by Margie Carter. ��+��,"' NICHOLE ELLEN ELKINS ��,��: Nafary Publlc, Stofe of Texos "�'"�'� ,��w�' Comm. Explres 11-1 7-2 ':",`� ria �'�� .. , O l 9 THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the m,m,,,,,,,,m„mm , day of 2016, bY _ ....... ......... � Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the m� day of 2016, by �...........��.m..�__..�___ .. Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } �ri� in,� � �" � g �"� Cit Ma a....�"�� e utY C��:. ��,�.._w , Y � � strument ��a�� a�c��:��c��rled ed before me on the �"�. da of ��'� � 2016 b ... ��'�.��........��. ��.��'��.�"��.�-� Y g P Y n' ��ati��,,�r�•�°�� Representative, on behalf of the City of Denton, Texas. �.��N�"�� `� �� °� �"��. �.::�"�"�,.� N�� r�� Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : ¢�,:., , � �� "�� d� �` �� After recordin� return to: �� . �, �� Jennifer Walters � �� "'� City Secretary 215 E. McKinney Denton, TX 76201 S:\Plannrng\Ftnnexatio'7s�2Q16 Annexatrons\RiCJ\3 4,16\PAA4\Carter, Bent 334527 IVon-annexaticrn Agreepnent 2Q16.doc RECEfVED AR 14 �Q16 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 Bent Carter ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 1.346 acres of land, more or less, situated in the J. Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain General Warranty Gift Deed dated December 30, 2009 from Reba M. Carter to Bent Eldon Carter, filed for record on December 30, 2009 and recorded in Instrument Number 2009-147763 of the Real Property Records of Denton County, Texas. Said 1346 acres of land, more or less, is commonly known as DCAD Property ID 334527. RECITAL S WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin� Reg�lations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: 2 (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§17-141 —210, as amended and as applicable; and l. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 3 (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; Voluntary Annexation. (A) If an Owner 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. ()^�v�tc��•^ �� : �,.� � �"^�^ �.. �,""��"'�"�. ..... Bent Carter THE CITY OF DENTON, TEXAS � �� "� C�y �I`�'�� •, Deputy City anager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the � day of ��t-� , 2016, by Bent Carter. �4`"`"'"""k. NICHOLE ELLEN EIKINS ^`�,,,�w �� ,'".., w�� a ;, Notary Publlc, State of iexas m��Y �� mm Comm, Expires 1 1-17-2019 � �. ""�'��`�'w�^"�� Nofary ID 130443153 '�'��.�.,� Notary I°'r�1�9��t��:a��.��'��., THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 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 .......... • THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas � ��, rr��r�ii��z1 �v��;� �7�°4�rrc�a�rl�.�g��c1 l�c.I��A� w��: ��a 16�� ,�° ,��.�.. �N��y �,bl` �� ,�'"� .. ��1 �, t�� .. �� °� ��.:�� ".,m ..,� City Manager/Deputy (�.�q1�,+ 1''��G��,�,�:r�'f��r�t��l � �"� �'�� .��.�� Representative, on behalf of the City of Denton, Texas. � � � � � � � � � �� "� �,, ,.d��l fr f g°��4 i ti��,� ��1` ,C zl'�4 ,� �" rir,,,.�.��t , G�G.�4��.a�, ,r��G��:��r ��e��,�h.a � y!� n �� , ,� Y Q' . , P , °" i � �� h� : I . � ., � ��mf �Cv�4i� � �..�,� �r6�h �a. f �e .1 � �� :�� pI l\p p qu�{qp � p M� fn. �G ... I �'LY b I � Y� M'�b N� 4'�ll a,... e�,.;�...e.. ro. . .., ,.0�1�11 �' 4 �W4 �mm „ i�,r�. ...... ..�...... Au:��fiUf;riw�otlN a�WL';�w^w��lufm',�MhC'�4a�.. iidlll@�upPmY�+�w�.'�'�I��n01pYM� WITlb�low.�NtlWW�'�,� � �� .., "�v J��"� ��', N�at��' �� Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY ��,�i�� r�"�� _�,��, ��____��,�,, �.�� 'a, .�-- . � ��,�`� ,��'� � r � � .�� .�� . � ,,�;� After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:�Planning�Annexations�2016 Annexations\NCJ\3.4.16�PAA4Uvlallard 270748 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 Carolyn Schertz Mallard ("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 2.25 acres of land, more or less, situated in the Morris May Survey, Abstract No. 807, Denton County, Texas, and being more fully described in that certain Special Warranty Deed dated June 21, 2004 from Homer S. Schertz, a/k/a Sam Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; Danny M. Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; Ricky David Schertz, Individually and as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust; and Carolyn Schertz Mallard, as Successor Trustee of the Homer Walter Schertz and Jessie V. Schertz Revocable Living Trust to Carolyn Schertz Mallard, �led for record on July 7, 2004 and recorded in Instrument Number 2004-89327 of the Real Property Records of Denton County, Texas. Said 2.25 acres of land, more or less, is commonly known as DCAD Property ID 270748. 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 i �� -� � � . � � ,:�� f � �� '�� " m ., � �w.� "p �� A '8 � m .� � ��'' � .�.. WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Properiy for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). 2 Section 3. Governin��ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441— 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as 3 amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever iirst occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; Voluntarv Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as 0 required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 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. 5 THE CITY OF DENTON, TEXAS � � ��.�� '�� '� � � ��" �� B � �� ;'�•��^�""�" �*"�' �",�w �� City �T� ��r� Deputy Cr�� Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the � day of �„Q r� {� ., �.�......... .�� 2016, by Carolyn Schertz Mallard. �� . ��,�� , � ��.�„��,„�. �� "�� „� � � � �� r�+,�� m�� "u��Vu� �� `�� ,, �'�,�o�;� �R�u��a� �� '��"�"�� "��;�� ur��u'M��Um�� in��m�w. �I'I��6�� «��P,�� .�,�� ,��w � THE STATE OF TEXAS COUNTY OF DENTON � � � � N�' � � " � �w m�e.e�.��..��',�...... ...�e.. N��C�rr �� l�lic, State of Texas This instrument was acknowledged before me on the 2016, b Y .........�.� ......................................�..........�..........�...................�m..m.,..m._aw C 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 . ..... .......................a� THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This instrument was acknowledged before me on the day of 2016, bY ..................................��._._......__...----- ' THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas �� d� � � Cit Mana � .. g me o� the �g r/.�a day of ... �� ...� 2016, by I li�� mstrument was �c��c��rled ed before �" �� " ° �"�" �,.�' Depury Ci�� a��i'�fl��esignated _��"" �� .. _ �,�� "^�� .--......m � Representative, on behalf of the City c,��` fi��i�i��r��,„ Texas. r ��*m� �uw� r�m��m ��. m wr.��.i w� rom Trua +a �w wi�v�r. ��. `°` °"� � 1�4R,lI I�'C4' � 4�9 af 1`.; ��P f �jB � 1r �"�' � s��ytia�s��v��rsr4rr� r�wG� ekr�'rP��<<, � i d� "" P � t kf��„h � r`I'n tlii � r" ��4� 1 f � � �� n"' � I��JIm�f�Y iI� Y�m�Rr�� Juyo�� r�r,�ro�,sm;�.��mwre+��r��v,rw �u� mmmudw�iu�i✓�,um;�uzr��wx�n�amw��.vum,�f+�w�oiwa�W�. ��.0 � C""�. ��,�'��'"�"�" ��, N�� + Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ��`� ,� , �� , �` , � �'�'J�� "� ��'��:a �` � �' ""� : After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:\Planning\Annexations�2016 Annexations\NCJ\3.4.16\PnA4\Schertz 247043 Non-�nnexation Agreement 20 ] 6.revised doc , � . ; � ' � � � I � � . . , � , . This Agreement is entered into pursuant ta Sections 43.035 and 212.172 Tex. Lacal Gav't Code by and between the City of Dentan, Texas (the "City"} and Michael and Amy $eth Schertz ("Owners"), the property awners af the hereinafter described praperty (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": ;. ; � �� + . � , � � . * . , .� . # , - � • . � ;1 ��w �� _ � , � �•. , � -�� - �-• . -�� . . .�� ..� �.�. • r�- �' 11 � . . � * , � . � � -� • . � � � • •�- 11 . � . # �-� � - • .,.. 1 • . .., . � . .. * . � )- '• � . , . � ; !1 . - # . • • • - • � � , I �'I ' � I � /� RECITALS � ' ' • . � - •' � w�- � - .• . � , _ # . � . � . , . , � • � .., ; 1 1 . � .:. 1 • � . ` ' • • ' ". . �- . ,�! - •- �-• ' # . � � � � . # . • ! : � ♦ •� � ' ' • #'' 1f' � � 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. Lac. Gov't Code (ccNAA"), in lieu of the City's annexation in 2010, as well as an extensian af 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. Gav't Code §43.035 autharizes a property awner and a municipality to enter inta an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes af retaining land in the municipality's ETJ in exchange for the property awner's covenant nat to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton Caunty Appraisal District records shaw 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 Cade chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigatian, it appears that the Property still meets the eligibility criteria af §43.035, Tex. Loc. Gov't Cade, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and � "` �, ., � ,_ ��. v;�� ro � ��"' �'° �:� '� �'� V:' �-q "d : '� �� ,��•�� ,�,� 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 NAA99 or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHE AS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice af the City's intent to annex the Praperty and the Property may be annexed upon the City's institutian of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree ta the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not ta 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 af the Agreement; WHEREAS, this Agreement is to be recorded in the Real Praperty Recards of Denton County, Texas; NOW, THEREFORE, in cansideration of the mutual covenants contained herein, the Parties hereto agree as follows: Sectian 1. Continuatian of ETJ Status. The City guarantees the cantinuation af 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, ta the provisions of this Agreement. Sectian 2. Develo�ment 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 ta 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 lacated or constructed on a lot smaller than five (5) acres unless the lot was created prior ta the date of this Agreement. The praperty owner may apply ta the City for division af the land subject to this Agreement into parcels, each of which is at least five (5} acres in size, for the purposes set farth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfactian af Tex. Lac. Gov't Code section 212.172(b). Sectian 3. Governing Re�ulations. The follawing City regulatians shall apply to any develapment of the Property, as may hereafter be amended from time to time during the term af this Agreement, provided that the application af such regulatians does nat result in interference with the use of the land for agricultural, wildlife management ar farestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and whicli remains lawful at the time the Agreement is executed: � (1} Zoning standards contained in the Denton Development Code (cLDDC"), as amended pursuant ta the current Dentan Plan, as amended, including but not limited to the (RD-5) Zoning District regulatians, and standards incorporated therein; (2} The subdivision and development regulatians contained within the Denton Development Cade, as amended, tagether with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transpartation, tree protection standards, and water/wastewater), Denton Mobility Plan and other appraved Master Plans of the City of Denton, Texas, and the mast recent North Central Texas Council of Governments Standard Specifications far Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently cantained within Denton Code Chapters 17, 28 and 29, and DDC Suhchapter 24, along with local amendments, bath as from time to time amended, and mare particularly set farth as follows: a. Tnternational Building Code, 2012 Edition with lacal amendments; b, International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. Internatianal Plumbing Code, 2012 Edition with local amendments; e. Internatianal Fuel Gas Code, 2012 Editian with local amendments; f. International Mechanical Cade, 2012 Editian with lacal amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservatian Cade, 2012 Edition with regional amendments; i. National Electric Cade, 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, Dentan Cade §§28-441 —457; (4) Sign regulations, as contained within Chapter 33, Denton Code af Ordinances, as amended; (5) Applicable water and wastewater connection, constructian and on-site operation requirements, cantained within Chapter 26 of the Dentan Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton VVater 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 an Enviranmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 thraugh 19 of the DDC, �? as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Cade, as amended, applicable adminisirative standards of the Texas Commissian an 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 Develapment 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 terminatian 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 zaning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan af develapment that is submitted to ihe 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, ar by comman law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced ar completed on the Property that is inconsistent wiih 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 Vaid in Part• Valuntary 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 af this Agreement shall thereupon become null and vaid. (B} Upon expiratian, or upan breach or terminatian af this Agreement for any reason, ar at any paint thereafter, the City may initiate annexation of the Property pursuant ta Tex. Loc. Gov't Code subchapter C-1, or other such other provisians governing valuntary annexatian of land as may then exist. Owners expressly and irrevacably consent to annexatian of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject ta the requirements and procedures far an annexatian plan, as required by Tex. Loc. Gov't Cade section 43.052, or successor statute. This sectian shall survive any termination of this agreement. � Section 6. Not�ce of Sale. Any person who sells or canveys any portian of the Property shall, prior ta such sale ar conveyance, give 30 days written notice of this Agreement to the prospective purchaser ar grantee. A capy af the notice shall be forwarded to the City at the fallowing address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Record_ in�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Sectian 8. Severabilitv. Invalidation of any provisian of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Sectian 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law ar in equity. Failure ta do sa 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. Na subsequent change in the law regarding annexatian shall affect the enforceability af this Agreement or the City's ability to annex the praperties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multi le Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Sectian 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Terin may be extended upon mutual agreement of the Parties. .............. � ection 14. Survival of Covenants. The covenants in Sections 2 and 4, as well s the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary far the implementation of those sections. Owners � ,�' �.� "� � � r ,�, ,� �� 1�1�1 �`"aC��,r.. —......-- -- .... ........... � � l!� E �� w � �., � � �� ._�� chertz THE CITY OF DENTON, TEXAS �,., ��. �,,,�,..� �� ^�� gy��^ � : �� w� � .�...�..�... City Manager, f��G 9 � m _. �t� City I��Mu��g.R�,s•, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the o`�� day of �'�"�� Zc9 ��o , 2016, by Michael Schertz. � � � � �� N 06hk�y�Yg� ,y,ry�III �µ��;p�p�,,� ��p �� y1F �� ..� �i�'IWI�I��WW�'W ��WdI��V'^Y a � �� w tl � ��d��" �@ V�� u ��"�� r �',��'"�, ��i` �"��'�q�li�.�'m. ��Nw�mh� m�' ��"��°��m�� µ �� " 9f"�s��a�� IN�ua�� 'u '��'�� . ',,�M ro��"�� THE STATE OF TEXAS COUNTY OF DENTON ��M ... �wbw0�.r+^��_,.� __.__ _.....,. . .. „ . — .__ � Notary Publ�c, . ;at • ��"Texas This instrument was acknowledged before me on the � day of r��''� ZO f�,o ...., 2016, by Amy Beth Schertz. ��o�� ..�� a.a..�. � �� _ a. ��'��n�� V�"��u�� m�� P�� m�� . �'�„� �"�Q �� °��m��°ro � ��'��uu��i� � �, ��,m,�`� � � � '°°"r�A��w�,��° III'��wd��'� �V� � �"��II��'�'� �� a�� mm ��.��v � � � �� m� � �� . . ��..�� Notar Public _...__ _ .....m.�. y , ;��I � ��'�Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 2016, by . .. THE STATE OF TEXAS } day of Notary Public, State of Texas COUNTY OF DENTON } This instrument was acknowledged before me on the 2016, by -------. .. .. . THE STATE OF TEXAS COUNTY OF DENTON } } day of Notary Public, State of Texas I �r�� instruinent �tib�, ��,��tip��9�ctl��ged before mCitn t Mana er/De� ut� Cit��Mana er/ �� 016, by _. ___...��""� .��_�� __ �e.m� d�� a�"�'��.�� Y g P Y Y g Designated Representative, on behalf of the City of Denton, Texas. �� ow �, ,�� k,�j9io�f��"�� Ma"9��W.�. W"N�;W9�,�11""IIC"",W��'��'M'� f ^�� Ji6 " �JI fl9�w4� V i�4�I�V,Qµ�^%�II�4NI� ��' �"q �M1��^M µ�� '�� u�mm: �� uw�Mu�� -�� d'u'aFT�b �� u��w�� . . . :WVNiuo �OOo�o iuuuWlMo�l. � .. . Niim�u ��, .�a � _ �� p � . .� �'� '_',�. _�..._...� _ . . ..:.�"� „ ' �� rv�'��+�'"✓�f l��.x��r�� Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY I� � � �.., ��' . � ,,, � / �',� :�"� �" �,��, °� , �„...�'��,�, � ' �� ,,� �"�. �� E:3 After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:\PlanningWnnexations\20] 6 Annexalions\NC,I\3.4J 6\PAA4\Scl7ertz 244900 Non-amfexation Agreement 2016.revised.doc . . . �' ' � � �, I u � �, . � i � � This Agreement is entered inta pursuant ta Sections 43.035 and 212.172 Tex. Local Gov't Code by and between the City af Denton, Texas (the "City") and Michael and Amy Beth Schertz ("Owners"}, the property awners af the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or callectively referred to as "Party" or "Parties": :- : 1! 1. . , , , *-� - .-• - � . - �r . • ;! �- • • - , . � �- • • - •- �- , �.-r r. -� _ . - . . ' � 11 • ' � .�- , • �. • . , � .. #. - . � - � ; - - - • • - � � � � � 11 . - � • - � � . .� . . ' � : � • • . , • # . - � � � � - � � - , . . 1 1 1 . . # .� �-� - � � � � ,�.��, � // • . WHEREAS, pursuant ta Tex. Loc. Gov't Cade 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 ta the provisions af §43.035, Tex. Loc. Gav't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexatian development agreement cantemplated by §§ 43.035 and 212.172, Tex. Lac. Gov't Code ("NAA"), in lieu of the City's annexatian in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), af all land in the Annexation Area nat otherwise excluded by operation af State law; and WHEREAS, Tex. Loc. Gov't Cade §43.035 authorizes a property owner and a municipality to enter into an agreeinent pursuant to Tex. Loc. Gov't Cade §212.172 for purpases of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the praperty and to authorize the municipality to apply development regulatians not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised far ad valorem tax purposes as land for agricultural ar 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 investigatian, it appears that the Property still meets the eligibility criteria af §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Cade; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and �.�. * �� :a ..... � � ..... � �.� � �'� �� Q� "� " � � �.�� . #' � � � • '# � ! ��'� 1 • � _ . . �; .' ! � � ' ' � � ! � � " � + 1 ' ' � ' ' ' ' ' � �, . [ � � �� . . •` '! i • ��. • � �'� - � � �� • •� ♦ f�,' � � - . . � �' � ` �- s " i, � � • • #� : - �� ' ' � ' �'� � �� #�� . � . � � r # ��/ �' .,�� " �' ., � � #,' . - .� � � � '� ' � � ' �'� • • �' ' • ' ' � ' � � ' i ' � ' �' '��'' " ! .' ' ' � !`�' � � . ! �!' �' . ' -� •� ' � � • " � � • � • i �' , � # � ' �' �� # w � !, � t �: � #' �I • �' '• �'` � � � �' '#• � ��' • � . . . � � � . . - �' 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 af 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: . � � . • . . . - - # . � � . - . .,_ � , � � . �� - . .+ --� � �#� , -�� . �� . � . _ � - . , _. . -�� - �- � -w � . � - . . . � . . �r�. _ �_.w �� _ _ . . � . � . . * . � + � � ., . . - � ! � � - ' . - • . s • . � . . . . � . � . . + � . # . . � .. �-- - , . _ • . . . • . - • r � - ' - « �� -� � . . �� , �� , � �� . . _ . . . � . . . �, . � . - . • . -� w - + • � �-� � : - . - ' : . •- • . -• � � -� � . '� . . - - - - � . -. -� • � � - �. . # • , .. _ . • �r- � - . .�• � - # � � � -'. � - � .! ..� . � • - �� . , � , -� . - . . _ � � � � � . � . �� # � �� -� � : � ,�� . � . _ . - • . -� � � . . �' � � r . � - ' � _ , � � - � r ��- - � * - � • - � '-± . � - � � : -: , r . •�' � . �� • �� - � - ' ��- „ , . .. . •- . - -� � . � . � , . . � . , . . � . �� -� # . �� - �� • . �� w �� - : . � w �� - � - . . . � _ - � . , � � ., . . ,,. . � � - r •s - . r ��- � ' -� �� - � . � � .� - - �� . � � . • � • � � - ��- -�� s . - �� ' + - -� � - . �� r . .� . _ . _.,.. . . .� - (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant ta the current Denton Plan, as amended, including but not lirnited to the (RD-5) Zoning District regulations, and standards incorparated therein; (2) The subdivisian and development regulatians contained within the Dentan Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree pratection standards, and water/wastewater), Dentan Mobility Plan and other appraved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specificatians for Public Warks Canstruction, North Central Texas (NCTCOG Manual}; (3} Denton building codes, as adapted by the City and currently cantained 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 follaws: a. International Building Code, 2012 Edition with local amendments; b. Internatianal Residential Code, 2012 Edition with Appendix G and lacal amendments; c. The International Fire Code, 2012 Editian with lacal amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Cade, 2012 Edition with local amendments; f. International Mechanical Code, 2012 �ditian with local amendments g. Code of Ordinances Chapter 17, Denton Praperty Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Editian with regional amendments; i. National Electric Code, 2012 �ditian with local amendments; j. Natianal Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-3$3 — 437 and §§ 17-141 — 210, as amended and as applicable; and Y. Irrigation Standards, Dentan Code §§28-441 —457; (4) Sign regulatians, as cantained within Chapter 33, Denton Code of Ordinances, as amended; �.• ..- .- ,, , - .- � - � � � . � , . •-., ' ' ' • . -• .r . s • . �- • ��- � • r . - , , - �'-• . • � .• - • . • � - 1� . - •-• - �. � . . . � -�� . � - ��. .� � .�� . . ��• .�� .� �• -. . _� � . . � �� _ #�- . . - •-• - . . . -, • � •w'- . . - •-+' - , . ��. . . . .� . � .�r .• - .� . . . •. � � . . . • • w � • . • � (6} Applicable Fload Protection, Drainage and related standards, as contained withln Chapter 30 af 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 Cammission 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 af the Texas Utilities Cade, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards af the Texas Railroad Cammission and Texas Commission an Environmental Quality, as amended. Sectian 4. Development Plan to Remain in Effect Following expiratian or termination af this Agreement for any reasan, the Develapment 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 accurs. The Parties covenant and agree that the City may deny any develapment application or plan af develapment that is submitted to the City for the Praperty during such period if such application ar plan is incansistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by cammon law, from the submittal of such inconsistent development applicatian. The Owners further agree that no use cammenced ar completed on the Praperty that is inconsistent with the development plan shall be considered established ar in existence prior to the expiration af the 180-day periad during which the Development Plan is in effect. Sectian 5. A�reement Deemed Void in Part• Valuntary Annexation (A} If an Owner files any application or plan af develapment for or otherwise commences development of any partion af the Property incansistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupan become null and void. (B) Upon expiration, or upan breach ar termination of this Agreement for any reasan, or at any paint thereafter, the City may initiate annexation af the Property pursuant ta Tex. Lac. Gov't Code subchapter C-1, ar other such other provisions governing valuntary annexation af land as may then exist. Owners expressly and irrevacably consent to annexation of the Praperty under such circumstances. Owners further agree that such annexatlon by the City shall be deemed voluntary, and not subject ta the requirements and pracedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This sectian shall survive any termination of this agreement. L! ' ' # •' f . � � . c ., # • , � # ., � �, � * . � � �" � � �: ! . � ! • . • � • � • ., # . # � .. _ # . � • • •' - � � '. # * + •• ♦ �• w ' ♦ " . �." � .'�'! # - � �, � � � 1�• ' City af Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 . � - # � + .. .. . � '' •�- . � �r- . # *.� . '. • � �- - � �. � • . . court o dert halg not�inerabilitv. Invalidation of any provision af this Agreement by judgment or validate 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 inta this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�;e in Law. Na subsequent change in the law regarding annexatian shall affect the enforceability of this Agreement or the City's ability ta annex the properties cavered herein pursuant to Section 4. Section 11. �enue. 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. Termm and_Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date af the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. vival of Covenants. The covenants in Sections 2 and 4, as well as the Section 14. Sur __ consent provisions in Section SB, shall survive termination of this Agreement, together with any ather provisions, as may be necessary for the implementation of those sections. Owners ' ^�w'' �. ��, ,W� �,, . � � `�� 1 � �� fl��.... . ____��.� 0 THE CITY OF DENTON, TEXAS ��„ B �'�� Y �� ""�� °�„ .�... . . � . � � �� Y �,� -� � � � . �� _.� City �fi��d ��,a•, I��:p��t� City �1�M1z��,a�r�, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on tlle _� day of m��z�J �� 2016, by Michael Schertz. �� W��n�� '�� w..�..�� ,�� ,� ��,� � �� .��m�wuy��u��'W��um � �� " ��`� � �� wrv'�w ii� � � ��;�� "��'� �"� � ��aqwrema"�"�'mr� ��$�"�� '' ��„Ili�'��'��'� M, �wi� . . . �w �� . �w .. . THE STATE OF TEXAS COUNTY OF DENTON .� .,,.,,. �'m, _. :_.._ . ��_�w��.__�_..,�" ...,� Notary C'�.�blic, ��nd� w of Texas This instrument was acknowledged before me on the � day of �� 1�O __ _��, 2016, by Amy Betl� Schertz. � �� N�w �" � �u��mw'�� »�'�� ..._._ ....,�. ��- �.� w�rrod�� Notar P._.. � ..., � ��'� �� °��"� ublic �;a��i� of Texas �� '` �� `> ��rou��u�� !�� 'W��'��'��+� *�� Kaw� ro�iu9��* �94'b��I!� �pr ��' � �'�� i ��. ��.� THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 2016, by . THE STATE OF TEXAS } day of Notary Public, State of Texas COUNTY OF DENTON } This instrument was acknowledged before me on the 2016, bY ...� ............. � THE STATE OF TEXAS COUNTY OF DENTON } } day of Notary Public, State of Texas ��rvi��,lr��Nrt��t tA_ ��,�'�.��'��_wrv_ , t.."Mti�{ �^;�'1 r�� r �c��dl)� ,AtN�� 'i�v ��'1�� /6' ��1 � �a, layr ra�^� �Ga�9��a�nls��I�A�cI ��:��I+�� 77� �aa�� CIw� �� I �r;� � � �' � �� _ � � � . � ��dr�t��:cl Representative, on behalf of the City of Denton, Texas. ,�„ uwm��wu w�m�u �u au�uww�wuw�, mwuw�� ° x�»� ��. � ��a9�� , V��"�Ih V�a��l��"��","�V^� � � u� V � � " �re +� M � � �� ° ��fl��a��,u°�"�µ��oi��w�r��m�'��,��d�� i � �� :` ��'�V��. II.�wV� ��,��" �'�*�a�u�WKa�s � 9��V�'��'��"&� ��W�� vm� ��,�� wn�o� � ..m .�_ .. N�;4u!VW�� `"`��aMVIQ�,.,y��,�mm�w��WVAWbOo�f!4MVNtl��mmWNOWuwN'�m` � „�„ � . � . . ��'" �`�� .�� .� . �� __ Nc�I.�ar° Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � �� y �' � � �... �'��__ ��. �,� � � � . �.� � 4�"� �� uk ..e��r � ��.�, � � � . • � � �� a , � , � . �� . �� . � � � �� ..��u �,�. � � � �. �..�� . � After recordin� return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 ��:,�..... �� ._.. �,� �) � �i� a� C� "./ m "� � ��, ��° 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 C.L. Yeatts ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 1.98 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated November 23, 1965 from David Mulkey to C. L. Yeatts, filed for record on February 7, 1966 and recorded in Volume 534, Page 171 of the Real Property Records of Denton County, Texas. Said 1.98 acres of land, more or less, is commonly known as DCAD Property ID No. 37462; and Being 1.98 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in the First Tract of that certain Warranty Deed with Vendor's Lien dated August 3, 1965 from David Mullcey to C. L. Yeatts, filed for record on August 13, 1965 and recorded in Volume 527, Page 43 of the Real Property Records of Denton County, Texas. Said 1.98 acres of land, more or less, is commonly known as DCAD Property ID No. 37459; and Being 1.998 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in the Second Tract of that certain Warranty Deed with Vendor's Lien dated August 3, 1965 from David Mulkey to C. L. Yeatts, filed for record on August 13, 1965 and recorded in Volume 527, Page 43 of the Real Property Records of Denton County, Texas. Said 1.998 acres of land, more or less, is commonly known as DCAD Property ID No. 37460. 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. 2 Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin��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. b. c. d. e. f. g• International Building Code, 2012 Edition with local amendments; International Residential Code, 2012 Edition with Appendix G and local amendments; The International Fire Code, 2012 Edition with local amendments; International Plumbing Code, 2012 Edition with local amendments; International Fuel Gas Code, 2012 Edition with local amendments; International Mechanical Code, 2012 Edition with local amendments Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; 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; 3 k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and l� Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. 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. 4 (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 enforceabmility 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. 5 Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners w.. ... �� . �,,,,,_� C.L. Yeatts THE CITY OF DENTON, TEXAS ��"� �� B,� � � �� ,� �a�� .�..� y � �� ,�,�" �� :.� ...��m City �f��.��r•, 1)��i.� City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the � I day of �G�c G� 7� ((, , 2016, by C.L. Yeatts. � � � �vo��o« �� ro��'�u�WP�4 ��,i�'�M1�Hltl,�l''4��.�u��'"N�Q��4;i"i' ."__________ .................. ..�,,..�..-......��.............,._.... �baruuds� � �� ^° �crr�MM Notary Public, State of �Texas , r .,� � m ' � a��m�� I� �� 9�� q� � � �r�� N"� �u.�u,�u, ��,� 31i��i N��.k�i'� �'q�� m� v re� fI +asqauea �W Wvx^'�.., :...'�rv'mtiMWlll�� . �WiW�uHrVv,:; THE STATE OF TEXAS } COUNTY OF DENTON } g _ ..................................... day of This instrument was acknowled ed before me on t e� 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 } This instrument was acknowledged before me on the wwww w day of 2016, by , Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } ^� � m "� �� De ut � Cit� Mana�� er/D �016, by This mstrument vv��» �r� 9��w ��,�2 ��:1 before me on the �� ww �_ City Manage �� ... .... ..., n... .....��........... _. ....W��....�_..�., P Y Y g esignated �� ... � �� ..� Representative, on behalf of the City of Denton, Texas. � �� a �a, �z s"��p� ��,r�� [��[� if,�flfi��a� �a�� ' � '�, �° � �, � �� rbP11"E�JRrr'Ilfitl( Ili4.s"11 fle,1�� a.� . �'�:......:�� '�'' °�""'�'a �� ';��r�� r��:P�� r��ti ��f�,r ;' Na�� Public, State ofTexas W� + r ��91�f�°r`GfVk4�"�� '% �v,nmM'UIn,mMI.W�dWMwO,ryppOM'�WI9ri0w+wa�W91WrtW�➢MWN',flDy`�ttYl;W9ow�w:W/N'-ml��'+ilVllf`14�"iWiNlf.4nrrt�l�w0001�n O;MW�u'fia@ � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � m.��'��..'��:�:��.,��"� ..��.��' �m� � �� w,�� ,� �'��° � � 1 ,,.. -� �� „�� °' ��' �� .,� �,., �� "�m ` � �� µ�� "�.��'� � �!w� ,f�� „�� After recordins return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 S:\Planninglfinnexationst2016 Annexations\IV�J\3.4.16\PAF64�.rnaldy 188372 Non-annexation Agreement 2016.doc ��c��vE� AR 16 2�16 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 Daniel and Cindy Arnoldy ("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 4, Block B, Milam Creek Ranch, Phase I, an Addition in Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 284, of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain General Warranty Deed dated March 5, 2008 from Curtis N. Hughes and wife, Sheila J. Hughes to Daniel Arnoldy and Cindy Arnoldy, filed for record on March 13, 2008 and recorded in Instrument Number 2008-26880 of the Real Property Records of Denton County, Texas. Said Lot 4, Block B, Milam Creek Ranch, Phase I, is commonly known as DCAD Property ID No. 188372. RECITAL S WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 (`Bxtended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; and WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in April 2016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status,. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin�Re�ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference � with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§17-141 —210, as amended and as applicable; and (, Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in the most recently amended Gas Well Ordinance and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following expiration or termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A�reement Deemed Void in Part; Voluntar�Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Upon expiration, or upon breach or termination of this Agreement for any reason, or at any point thereafter, the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. This section shall survive any termination of this agreement. 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. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners O"Glhf,oP�t �iL�'I ir-�G�,v.. Daniel Arnoldy � � 5 � . Cindy Arnoldy. .. �� ..�_._ m .. �. THE CITY OF DENTON, TEXAS ��,�� BY �.��.:..: ��M,� . s� � ��,�. ��... �� . � �...... . City ➢�3�:r��;r�r �� .at�v City ��wc{, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON . �M This mstrument was ackxowledged before me on the �(� day of mm�� ,.��w� ,�°w�,,��' „ 2016, by Daniel Arnoldy. _. ' —..-_NORMA NELSON� ��x�� ° '"µ' MY COMMISSION EXPIRES ��;�;� ��'� m May 9, 2016 THE STATE OF TEXAS COUNTY OF DENTON � � .. _ �` �9e,��r� Publ c S te�of I°�� ,�� Y��,��.�� — This instrument was acknowledged before me on the �, �P day of , 2016, by Cindy Arnoldy. �" � : MY CNORMA NON.�P RES � � � �'..:�' m�r �w�. ,. � ,� � µ��___...��..._...___._.�__�_� � ro ' �„ -*x �'''m� �— � �,, �ry��"��_�" „�°"-. �"�` ,' � 9, 2016 Nc�1.�a�y Public, State of °I'�� rr��`" �. .:� THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the W�mm�m 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, b Y ._ .......................................................................................�.,��_K Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF DENTON ��`_ �. �' � °� l ��os �x�� Nd-r��,�ti �,�r � ��avsrQ�,��9 l�r��l��•�: me on the �„„�`�� day of � ��' �� _� 2016, by .................��: ��"�" .......�w ��.�,��1��"� �� City Manager/Deputy Ci�y �1'�iar��,��nr��esignated Representative, on behalf of the City of Denton, Texas. � � �� ,� . �. m � �w � r ��c�� 9�G� �k��a�:�G� ,, ` ° � �� ",n,arxw�,r��Ga�ar�G�r ,:��s�i siG ii,,�t .<< y�� asr�C�e�4�i G�..a.f.'�� #�� °t°f°r � � .� �� ..n �. °��'�� 9�4��;�1�9�°1�'ilibPtl,d�r��6� �� a� u�a�n+�m� b�a�^�Nu�mmNd�w��^ouwwwio�uu��;rmmi�w.��mce�roa�rw�ru�o. .�„� �� . �� "� ��.._ ��" � ��,�� °� Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ,�'� ��,`'�r��..o� �;:��, � �� "� �� ....�.�. m��° After recordins return to: �� Jennifer Walters � City Secretary 215 E. McKinney Denton, TX 76201 S:�PlanningWnnexations�2016 Annexations�NCJ\3.4.16�PAA4�IvIcClendon 37444 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 Michael McClendon ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 3.297 acres of land, more or less, situated in the J. McNeil Stewart Survey, Abstract No. 1150, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated June 20, 1988 from H. L. Swann, Jr. and wife, Evelyn June Swann to John Allen Peppler and wife, Lavena Grace Peppler, filed for record on June 21, 1988 and recorded in Volume 2398, Page 768 of the Real Property Records of Denton County, Texas. Said 3.297 acres of land, more or less, is commonly known as DCAD Property ID No. 37444. RECITALS WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given notice of its intent to institute annexation proceedings in 2010 and again in 2016 for an "Annexation Area" that includes the above-described Property which was and is subject to the provisions of §43.035, Tex. Loc. Gov't Code; and WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non- annexation development agreement contemplated by §§ 43.035 and 212.172, Tex. Loc. Gov't Code ("NAA"), in lieu of the City's annexation in 2010, as well as an extension of said NAA in lieu of the City's annexation in 2015 ("Extended NAA"), of all land in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, Tex. Loc. Gov't Code §43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code §212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, based upon Owners' representations and City's investigation, it appears that the Property still meets the eligibility criteria of §43.035, Tex. Loc. Gov't Code, and the Tex. Tax Code; and and WHEREAS, the Extended NAA executed by City and Owners expired on March 1, 2016; �� o � �� y��..�i1n..�-� , . � � � , F � .r ';,� t�.� i �� WHEREAS, the City desires to allow the Property to remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the "2016 NAA" or "Agreement"), which supersedes and replaces the NAA or Extended NAA previously executed by the Parties for all purposes, until such time as stated herein; and WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is not executed with the City within the time allotted, then the Owners have already received notice of the City's intent to annex the Property and the Property may be annexed upon the City's institution of annexation in Apri12016; and WHEREAS, Owners hereby accept this offer and agree to the terms of this 2016 NAA, as set forth herein, and Owners represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of 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 Properiy in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin��ulations. The following City regulations shall apply to any development of the Property, as may hereafter be amended from time to time during the term of this Agreement, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: 2 (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to the current Denton Plan, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein; (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the most recent North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas (NCTCOG Manual); (3) Denton building codes, as adopted by the City and currently contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, along with local amendments, both as from time to time amended, and more particularly set forth as follows: a. International Building Code, 2012 Edition with local amendments; b. International Residential Code, 2012 Edition with Appendix G and local amendments; c. The International Fire Code, 2012 Edition with local amendments; d. International Plumbing Code, 2012 Edition with local amendments; e. International Fuel Gas Code, 2012 Edition with local amendments; f. International Mechanical Code, 2012 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2012 Edition with regional amendments; i. National Electric Code, 2012 Edition with local amendments; j. National Electric Safety Code, 2012 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 — 437 and §§ 17-141 — 210, as amended and as applicable; and 1. Irrigation Standards, Denton Code §§28-441 — 457; (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC, 3 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 Properry 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, D�enton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Section 10. Chan�e in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11 Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August 1, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2 and 4, as well as the consent provisions in Section SB, shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. Owners �� .�. �� „�a _ ....w.w ......�.. f��,N��.�:,� McClendon 5 THE CITY OF DENTON, TEXAS d�"�� ,� � � �� u�m��W � �.. �„ „,��,.. �� Bj�. ��,� � �'�""� � _ City �y'i �� :r; i.��.��ty City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 2016, by Michael McClendon. .. �m'Nl � � ; �� r�°°�,�� ii��ii�� ,�� 4�'��Vv I��dII,bV'VG��u "�1" k��' �b� l��rros,�+;� � f �"� �'�' !r�,u�ut-u��i ��..»mp��Vlo��u� '1'�4"��'P� °�� ' G ��d��"��uw��, �,��ou�¢�m!�M�!��U��' �"' � o��°�" � THE STATE OF TEXAS COUNTY OF DENTON �°�� " �� W day of �� °�� d� .r �rc� / '��M r^'w�� tl� � �� m ��,��.� ��r�� M ...... mm � .,�,'� �m�' ^� " ,. �. � ��.�� ._ � �. � .�� r� Public, State of Texas �" This instrument was acknowledged before me on the Www day of 2016, by Notary Public, State of Texas � THE STATE OF TEXAS COUNTY OF DENTON } } This instrument was acknowledged before me on the w_„w_w„w„w� w day of 2016, by THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This instrument was acknowledged before me on the � mm day of 2016, by THE STATE OF TEXAS COUNTY OF DENTON } } Notary Public, State of Texas This mstrument ��r��, ��+�k�:��r��a,�l�„s��i before r��. �a�� 1��, ��,��. ��1�� f" � �"� ,, , '�(�l��:r, i�� ".�"::�?��.�..m.,.m�"�_,.....�,��"�.:��..��-..�_______..� City Manager/Deputy ("i�� M�Na��,�:.�`�'��e,�i��aai�:,�. Representative, on behalf of the City of Denton, Texas. �� , � �ro �� , e ,r��. s .��h��iE��Ck�;��d� i�� .,�� [t1Vr�t4'�^"t� P'41f41 �4:�• f/ �I C"5�� Ki, ✓' _ . o�� n� � e��in� i�� r�f� ��.��f�•��r ��o �"�"fl � i��)�Ff'i�Il�Pbt�xi�'I�1 � d� r�n�u,�W�u�,��r�o�m��uUuw«ww,wre �rm��,�;u,� i,��r�4Qiani 96 �o,�x�roa� u�nr�r�,��a,a. �� "� ----� � � ��"� �� ,� . . ... � .. . � �� , �� N��i. ��y Public, State of Texas 7 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � F �� '� BY� ��.. �� " , � f� �' � � � After recording return to: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201