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2016-231�°:\Legal\�ur poc�ments\�rdin�nce�\16\2016 Nunc Prd Tunc Ordisiances\��eathouse\GreaLhouse NPi' t� Accept NAA Ordinancc.docx � � �' ' ' �' � �� ' � �' / �' � r�� r � � '. ' ♦ ,: . � . I . �, . � • R�� :, ♦. �. .. •: �.., ..,. � , �. ,� � '� : � ♦ �' � � 1.. � •.: �, : � • ��. .. 1 ♦ '. .•: .. � �: ..•. ��. � � �. ; w� ♦. : * � 1. 1 • ��. . � � �� '' ,�� , ♦ ,.. ♦ �. ... � •..: 1.. �... , 1 �: 1 �. .:• � . ■ � j': .. R • . �: ,. : ! . . •.. .. . �' �: 1 .. , . '.. �: . , 1.. ..... � 1 ♦�. I. . � � � :/� � . ��. � �� . .. ../ � � � • • � R� /��. !� :�� ,��. :• , ♦. ♦ � �...... • : . �. ... ♦. ■ :.:• � � ♦�. . .� .!. � � ..,. •: �. . � � ! . . ♦ . . � !: . . � . . �. � , . � �. • �� . 1 . �. �: ' �.. • , � *. , .: . 1 � , . 1. . �� . .. ♦ � �. � . . . * . ,: � •. • l� � . 1. .. •. .. , ... ,. ....' . :• � 1 �� 1. •... .: � . ,�. �� . � R 1. •�: ��. ♦ � . • 1. ; � ��. � �' i. �� : . •� � � �.... � ��. ♦ � ,. � � •: �: � � �' WHEREAS, on March 3, 2015, the City Council adopted Ordinance No. 2015-OiO, which ordinance accepted non-annexatian agreements signed by eligible praperty owners within an area of approximately 1,555 acres of land generally identified as 66PAA4", as legally described and depicted in the attached Exhibits 66 p 99 and 66p99 to Ordinance Na. 2015-070 and attached herein, [', D which a portion of said 1,555 acres, specifically 4.29 acres consisting af properties na longer eligible ta receive non-annexation agreements, was separately annexed into the City of Denton, Texas via Ordinance No. 2015-189 an June 16, 2015; and WHEREAS, per Section 43.035, Subchapter B, Local Government Code, a Texas city is required ta make offers of non-annexation development agreements to the owners af all praperties which have been appraised for ad valorem tax purposes as land far agricultural, wildlife management or timberland within the area to be annexed; and WHEREAS, under a non-annexation agreement between an eligible property owner and the City, the land subject to the agreement retains its extraterritorial status and the owners of such land must abide by the City's development regulatians as if such land were within the City limits, as provided further in such agreement; and WHEREAS, the City has recently discovered that an eligible parcel, as legally described in Exhibit 66C-4499 as attached herein, was omitted from appraval of non-annexation agreements by Ordinance No. 2015-070, due to an inadvertent clerical error; and WHEREAS, as a result of the clerical error, the former property owners were never affered a non-annexation agreement even though they were eligible to receive one, and thus their property was inadvertently annexed; and WHEREAS, in the interest af fairness, and for the purpose of carrying out the original intent of Ordinances Nos. 2015-070 and 2015-189, the City and the affected owner(s) wish to correct that inadvertent error via this ordinance, nunc pro tunc, by approving a non-annexation agreement for this eligible parcel, to commence immediately and to expire on August 1, 2020, the same expiration date as current non-annexation agreements approved by Ordinance No. 2016-120, and to thereafter correct annexation Ordinance 2015-189 via separate ordinance, nunc pro tunc, to remove this amitted eligible parcel frarn the City limits and tax ralls, and ta reimburse the property owners far the City portion of ad valorem taxes paid, if applicable, as a result af being annexed via Ordinance No. 2015-189; 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 nan-annexation agreements with eligible property owners who timely submitted non-annexation agreements and have now corrected any legal defects therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorparated herein by reference and found to be true. SECTION 2. A certain area of land was previously denominated in Ordinance Na. 2015- 070 as "PAA499y which was legally described and depicted in attached Exhibits 66 p 99 and 66�99 to �� that ordinance, and incorporated therein by reference. For the purpases of this Ordinance, the term 66PAA499 shall have the same meaning, and such prior legal description and depictian are incorporated herein by reference. SECTION 3. A certain offered non-annexation agreement relating to an eligible property ____.�...� contained within the previausly defined PAA4 area, which has been properly executed by the owners of the property, and which is legally described by prior recorded instruments referenced therein, is hereby appraved and accepted by the City of Denton, Texas. Said agreement is attached hereto and incorporated to Ordinance No. 2016-120 as Exhibit 66C-4499y which ordinance adapted the most recent non-annexation agreements for eligible properties in PAA4. �Li.;'.1'�CiI`� �. The City Manager is autharized and directed to sign the non-annexation agreement contained within Exhibit "C-44", for and an behalf of the City of Denton as a ministerial act, but with an effective date of this Council's actian on same. The City Manager shall further arrange farthwith for the recordation of non-annexation agreements in the real property records af Denton County, Texas. SECTION 5. The City Manager shall ensure that the parcel described in Exhibit 66C-4499 is removed fram the City tax ralls and is further directed to undertake the necessary steps to reimburse the current property owners the City partion of ad valorem taxes they have personally paid for the parcel for the tax years subsequent to the adoption of Ordinance No. 2015-189. �]dC"1i1t7i� f�. All other provisions of Ordinance Nos. 2015-070 and 2016-120 not specifically amended herein shall continue in farce and effect; however, the provisions of this ardinance shall govern and control over any conflicting provisions of Ordinance Nas. 2015-070 and 2016-120, ta the extent of any such conflict. SECTION 7. This Ordinance shall take effect immediately an its passage and appraval. . � �l��,� � i'��a�� 1i�� \1��'1��:��1��:� I.��° ��c C�i�y C"��ar��it �;��c�i�7� t��i� � ��y c�t �'�� ,��, ��Yl�a. �� ♦ R' �. � R �: , � 1: . � � BY: � � �°°. � �.�, ..._ .�� l'�'�� 'I��:7 �� '1'(� LEGAL FORM: ANITA BURGESS, CITY ATTO EY � �� ..�.,�= � �� ` _ .. BY: �.y-'';��..�-:�'�� ' ��, •,,- � �'� ��- ,.. s� � � �•t` � _ � � ��...��, } Y+ .. ��. y�y _._ �jj ��L] kY d"irA ^k �fi �d S 1 odA ..... Annezation Tract PAA4 BEGINNING at point in the present Denton city limit iine as established by Ordlnance , 2008-137; said point being tlae northwest comer ofthe annexation tract described therein end also lying on the south right-o:f-way line of F.M. 3I63 (Milam Road) 2008-137; THENCE South 0 i° 08' 35" West continuing along the present Denton city limit line established by Ordinanae 2008-137 a distance of 2,996.05 feet to point for corner, said point being the southw�st corner af the annexation tract described therein; THENCE South 89°,10' 00" East coatinuing alang tha present Denton city limit line established by O�rdinanc� 2008»137 a distance of2�457.02 feet to a point for corner, said point being the most noriherly southwest corner of a Cit�� of Denton annexation tract established and described by Ordinance 2007�077 (Traet 1); � T]iENCE Snuth.88° 54' 04" East cont�nuing elang the present Denton cxty limit line established by Ordinance 2007�077 (Tract 1) a distance of 191.47 feet to a point for a corner, TFiENCE South 02° 28' S5" East continuing along the present Denton city Iimit line established by Ordinanca 2007-077 (Tract 1} a distance of 965,89 feet to a point for comer; ' THENCE South O1 ° Q4' 33" East continuing along the present Denton city Iimit Iine estabiished by Ordinance 2007-077 (Tract 1) a distance ofS39.43 feet to a point for corner; _ '�`��II�� uth c�� ti�' ��'� '�iest c��tinu�� ia�� t�� p��;s��.p��t�n city l��aa� tine �st��i�h�� by Ord�� 1�i�077 ("�r��t �) �� c� a��,G��°,�� e�t to a��x�t for corner; THENCE South �0° 26' I2" West continuing along the preserat Denton city limit Iine ��t�b��5��c� by Or��aa�� ?-fl�'7 �i��t 1) a dis�,a�aa� ��8,18 fe�t to ��int for ��,��, s�ad point �aa�� ,��u��iw�st �tar��ar i�f said +��di��r�� 2Q0�-�177 (�°��t �) annexation tract and lying on the north line o�a City of Denton annexation tract established by Ocdinance ] 985-I S]; THENCE North 89° 1 I' 35" West continuing alang the present Uenton city limit line established by Ordinanca 1985-I51 a distance of 575 feet ta a point for cnrner, sard point beir�g the northwest comer ofsaid Ordinance 198S-�5i anne�aiion traot and aJso heing the noriheast corner of a City of llenton annexation tract established by Qxdinance 2Q07- U77 {Tract 2}; Annezation Tract PAAa T�.EI�� a� 89° 32' ��" �� r��a��i�� t�� t�� pr�s��t ��nt�� ciry �im%t �� e�t��lisl�� b� �rdinanc� ��-�77 (�`�� } � �i��c� �� ,�1 f��t to a �aaint f�r comer, , ' �iC� South 00° ��' ��" ��st ��s�`�%�uan� ��,� t�edpr�s��a� �eta��r� city liz�ii line ��Ca��d by Ordin��c� ��'i-�i� {�"ract �� o��,��' f�� to a po�nt f�r a comer; � T�;�1�CE ��a�.h ��' 32' ��'" '�'`�� n�a�ui�� t�g the pr�s��aC :�enton city �irr��t Izne ��biished �� `d�nanc� ��-�i7 �'�.�t �} ��ist��e of"97�,�� feet to a p�i�tt for a corner; � 'I7�`�� South O1 °��' ��"''�Jest continuir�g �1�� t1�e Pr��nt �7�r�ton city lin�it line ��b�is��d by Ordin��ce ��C��-077 (Tract �� di�tar�ce o� �,��3.�8 feet to a point far corner, ' T�� South O1° �4' 4�" ��t �o�ti�aui�,g a�� the ��n,t D��n city i�rr�it line �s��d by Ordina�� ?-��7 �Tra�i� �� di�t�nce �f �3�.20 �� to a p�� fox oorner; �"I�+�� South �8° 29' l�''' East c�r�t�nuing a[on� tk�� resent Denton City lien�t laan� e�bt��r�d by 0��;inance ��'�-0.77 �'r�ct 2} a disi�n�� vf 1,541.64 feet to a p�inti �'vr a corner, �iC� �outh 00° �56' ��" �''�st cc��at�nux�� l�n� �e �rr��r�t l�enton city iirr�� 1�� st�b�is��dl by �rdinanc� ��'i-��'7 �`�r�ci �� a�di�t��e �� i�5,�� feet to a p��rst �"�r � cor�ner; �`i-�� u�I� 88° ��' ��" �a� �antirr�� a1ar�� th� �r��r�t ��a�t��ti �it� �imit li�� st�bl�s�ad �y (�r�in�n�� t��7-�77 {ir��t �} � �is�� 4��."�� `�t t� � ��int f�r � ��r, ��.id �c�i�t ��sn� � �r��t c�r��° �f"sa�d �1�d��i�� J7-fl77 �T�� n��ti�n tra�t �n� �ls� �'yirt;� �� we�t l��e of a City of Denton annaxa.tinn tract established by Ordinance 2002�257; THENCE South 00° 56' 33" West cdntinuing along the present Denton city limit line established by Ordinance 2002-257 a distanc� of 6 feet to a point for carner; �'�� South O1 °�6'' ��" �'est co��inuin� along the pr��ent Der��c�� city limit line ��tabli��d by Ordinarac� ��257 a d'tstanc� of 1,76�.22 �'��t to a��int for corner; TT-I�'NCE Nor�h 88° 31' 42" West continuing along the present Denton city limit line established by Ordinanca 2�02-257 a distance o,f 624.97 feet to a point for corner; � A�negation Tract PA.A4 T�I�`�'E ��th �2° ��' 28'" �'�s� ��ntinu a�� along the ,p�°�s�r�t �e�ion city �i,�i� Iiz�� e�t��lish�d �y Ordin�nc� ��t��-��7 � ��fianc� of 40 fe�t t� � �� "�r corner, �a�� int being the northwest comer of a City of Denton annexation traci established by ardinance 2007-077 (Tract 3); , ' 'I�IENCE South 00° 23' 44" West continui�� 1�� r�s�� l��r�t�� ty" �isaiit fic�� established by Ordinance 20Q7-077 (T;ract 3� ��i c� c�f I,'��.�� f�ct ta ��u�t �o� corner, said point being the southwest corner s�Id ��3i��7"7 �'r��t �� €�aa��t�� '�� and also being on the east right-of-way tine ��n�ai� �� d �ei�g �.%� ��t��'�st corner of a City of Denton annexation tract establistiad by Ordinance l 980-26; �°'�N�� u°t� �L�° � � ` � 3'' i�"��t ��zt�z��ir�� l�n� t�� re��r�t �3�nta� c�ity 1z�nat lin� ��m��l�� t��^ t�rdsn�n�� 8�-�� .,dx�%�ce ��5� �� t� �. pa'r�at �`�r ��c�i�r, s�� p�izt� �ein� �� r€��st �� c��' � �ity �,� ��r��t �z�ex�ti�n �t•a�ti �sta�ati�� by �rdi��c� 1982-4; '� �1�� d�t�� 89° �4' �4�� W�s� �pr�t�n�a:�z�� t�� the pr�s�nt ��r�ir�n city li,r��i� line es#�b�ish� by �rdinan�: 19,��-4 a�ist��e o�' I,74I.93 ��t t� a p��nt for c�rner; T�-��E ��ih � 8� � �' �4" ��st �a�tinuin�; �lan,� the �r��ez�� i�enton city �s�a�i liz�e � ��li�� y �r�i��n�� 1 �� disi�� 926 �'e�t �+� � g��t for corner, ��s'c� pa�a�t being the southeast corner of a City of Denton annexation Sract estabiished by Ordinance 1985�6; '�-�� I�� 00° �� " t co��i��ng along it�� r�s��t i��z�ton city i�mit line� ��f.��lisi�ec� b� �}rdin�cac� 19��i-� a di��e of 1,845.4� ��t t� ��c�int for cc+r�s�r; THENCE North 00° 22' 28" East continuing along the present Denton city limit lina esiablished by Ordinance 198b-6 a distance of 506.6 feet to a point for comer; THENCE South 89° 27' 00" East continui,x�g along the present Denton city Iimit line established by Ordinance ] 986-6 a distance �f 1,033.4 feet to a point for corner; THENCE North 00° 22' 27" East continuing along the prese�nt Denton ciry limit line established by Ordinance 198b-6 a distance of 564.11 feet to a point for corner; T �� ip�ka 89° 31' 39" i��i ��nt�r�� the ��e�t U��t�in ci�� ti�it lir�� t��i��c� �y C�rdinance 1 ��-� a �i�taa�� f �,��.31 ��t t� � ,��air�t for �vrr��r, ��i� point being the nnrthwest comer of'said Ordinance 1985-6 annexation tract and also being the northeast corner of a City of Aenton annexa�ion tract estabiished by 4rdinance 1998-224; . �X l_.lt" _ " S:\Legal\Oue Documents\Miscellaneous\16�NAA Extensions\PAA4\Greathouse 202617 Non-annexation Agreement 2016 - AL edits.doc ,, . � . � � 11i� I , 1 , � ' 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 & Amiee Greathouse ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as 66Party" or "P�AlIIeiS99; Being Lot 17, Block A, of Milan Creek Ranch, Phase II, an Addition to Denton County, Texas, according to the plat thereof recorded in Cabinet O, Page 385 of the Plat Records of Denton County, Texas, together with Affidavit of Correction filed September 25, 1998 recorded in Volume 4183, Page 1609, Real Property Records of Denton County, Texas and being that certain lot, tract or parcel of land described in that Warranty Deed with Vendor's Lien dated January 7, 2016, Gregory Bachman aka Gregory Charles Bachman and Tiffany Bachman aka Tiffany Lynn Bachman, to Ricky Von Greathouse and Amiee Greathouse, filed for record on January 8, 2016 and recorded in Instrument Number 2016-2431 of the Real Property Records of Denton County, Texas. Said lot being commonly known as DCAD Property ID No. 202617 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 662016 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 ��-��:`,�.�;� C►��•� an�i ila� City ac�a��a��ledge that this Agreemc�`�� between them is bindin�; t.f�� tl�� C"it�,� E��aci tl�e O��-��rs and thei�� a��ective successors and a�:�i�ns 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. �'c�t�tirl��t�t�� tsC4 ir`l�:f ��i�r�. 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. r��v�lc�t�xn+�t�t 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. C��•��i�� I��.r1�t�r�i��,�T 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 �f` t1�� l��ac� for ��t�i��lt�r�tl, ��il�l�ife management or for�;�it�y ��ii°�c��es an� �c��s not prevent the ur�r�ti��tic�n of �i �Gs� e�tb�l�li��cl prior to the effective e��it� �I' ��s Agre��t�� 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 �tz��l�ri�ion �r�tl dc��l��r�c¢�t �•e��t��ti�ans contained u�it��z� ti�c II��t��r� Develt��cnt Cod�, �� r��:�1c��1, tc��et��` wi��:� applicable Desi�n �i°ite��i�`t 1Vi�r��:�i��; �ii��.l�Gc�as�� r�t��t��i�;ti�a��, �lt°�i��;�, site ci��i�z�, 5c�1it� ��;�t�, t�•��i��a��t��tica��, ti-�c� ��°t�I�cti�r�� si��rci�, �r��i �v��'1r�lastee�ait��}, L7��t:c�t1 �v'[c�i�ilrty Pl�.�� oih�r ��}�rt�v��i M��t�r P�� ` ti�� 'itv of D€:��i��, r�"cx�ss, �t�cl tl�r� �z�n�t r��:�r�k Nc��•t1� 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 ��t� curr�r�:tl� �r�z�t��i��d ��i�t�iz� I)�r�t�� Code Chapters 17, 28 and 29, and DDC Subeh�i��t�:r 24, �l�n� witl� Ic�c.�r1 ��cl��x��i�; 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) Ap�iit;��le Flood }�rr��ction, Drai��z�� ar�c� related standards, as contained ��itk��i Ch��al�� 0 of the �:�ci��n Code, as �L�-��ct��l��l, subchapters 17 through 19 of the L7��C, 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 ��z�Lnded and as ��i�:able, and as ��.r��eit��i�t�d by req��r��aents of the T�.��t�; Utilit:i�,s Code, the ��°c�� Natural Re�c��'�� `€��e, the T��s Water Code, �ai�c� applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. �c�v�l��1��'�ai I'l��s �c� R�i��zir� ii� l;I�:��t. Following c��i�•ation or ter��i�a��ion of this .�.�;�'�cment for any �•��tic�ri, �k�c I�ev��oprr��a�t Pl�� et forth in ��t.ia�� 2 shall r�t�a��iz� in effect i�t• ��eriod of 180 cal�i�cl�� ci�� il��i•eafter, or until the effective date of the annexation and per�7a�aa�nt zon�� of the Pr�pei°ty, ��iz:ich��r tirs� ��c�r�. Tl�e P��it�c�� c�v�a��t ��td �i��•c� that the C"i��r may cic��y any d�.v�iop�x��t ��}�li��i.ic�� ° ��z� �1" ��v�l��a�3cni tl��t ��; ��.�t��ittccl !ry the City for the Property during such period if ��cl� a��lic��ti�a�� c�r �1�� i� irac��f��i�tc��l r�vitlt il�� Development Plan. The Owners expressly wa�v� a�� cst�c� ��i�,�at� �1��t �a�I�k�t c��l��r��i�� •i�� under local or state law, or by common law, from the submittal of such inconsistent development appl��tic��. The �vac��.rs f��1-��,�` ��r�� that no use commenced or completed on the Property that is ins:�a��isi�nt witl� tl�� d�v�l��ar�cstt. ��lan 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. t`��:�a��t ��e;� V�ic� �L� I'�rrt° Vc�l��t�7rv ��z��t�., f�� II r�� C�� i�� ar�yy ��li��ii�� c�t ��c� ��" r1�v��t�t �"r�r �z� t�tl��rr�ti�e: c:c��1ij��ac�� c��ic��i�n�r�k ��" �i��= �c��jtic�n �rS" th� I'��r��rt�F i��c��tc�r�� r�v�il� ��-�c ��:�c:l�r��ni I'1�� t��•��r��l��i yi� �c�ti�i� '�, 4��i�i�� 1<�� o�'��is �,�„r°�;c��i �l��ll tl��r��t�i1 �e�� 1 a�� v�ic1. (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. ��ti�� t�� 1�. Any person who sells or conveys any portion of the Property shall, prior to such sale or c�az��eyance, give 30 days wri�t�s� notice o�' tl�i:� Agreement to the prospective purchaser or gr��r�t��. A copy of the notice �1��11 be forw��€•�i��:� 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. Itc��r°��i��;. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. ��;iion 8. �c��c��i1it . Invali�l��ti��i� of any p�•�rvi�;i��a� of this Agr��-�e��i by �t��xaent or court o�°�i�t� shall n�t i��vGt�ic3��i�. any o�� tl�� °emaining ��a•�visi�ns which sl��i�i �°�z��ain r�� {`�i1 force and effect. �cct►�i� 9. ��c�:3iu�. This ��t•��a��lt i��ay be enfc��•��d by cit��r ��t��t� or t��c �:;ity by ��y ga�•nc��:cCi�� at 1�� • in �quity. F^��i�u�°e �ca c�c� so shall ��t �;�e deet��cl a�v��v�r to ��it�Y°ce the �i�c��i��c�s�� e��" tl�is 1R�o��cr�� therea[t��°. �'��t��y� ir�to this Agreement by Owner waives no rights as to matters not addressed in this Agreement. Se�:tic�r� 1�). C'l��i��c ix� C��:��. No subsec��r�;��i t��t�ge in the law reg�rrciang �r��c:x��€ic�G� �;h�l�� affect the �z�l"c��•c��t�ml�ty �� cl7is ��;reement or tl�� i'�ty5� ability to annex tl�� pr��a�t`�i�s ��v��`c��l herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. I��,�c��lrti��t� ir� 1'w��i�i��D�__C c,��;. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. `I'�:rr�� t�cl �'xi��ic�t�. 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. Waiver. The City offered this Agreement to the Owners, which Owners have accepted, as a result of the undoing of the 2015 annexation of the Property due to a clerical mistake committed by the City during the annexation procedural process. With regard to the procedures followed by the City relative to the 2015 annexation of the Property and to the rest of the land area included within PAA-4, Owners hereby waive any right to assert any claims or lawsuits against the City based upon such procedures being invalid, improper or unlawful in any manner whatsoever. In consideration of Owners' waiver, the City waives any right to assert any claims or lawsuits against Owners relating to the annexation of the Property. 5 Section 15. 5u�°r�iv�l c�1 C�a��i��t�. The cavenants in Sections 2 and 4, as well as the _ _.� cansent pravisions in 5ection SB, shall survive termination of this Aga-��c��t, tagether with any other provisions, as may be necessary for the implementatian of those �;��tic��. Owners • � • ' � � _`� � By:� � -_. . e —__ City M��x, Deputy �'it� ��i�a�,��i, ar Designated Representative THE STATE OF TEXAS COUNTY OF DENTON � �� -��_ This instrument was acknowledged before me on the ��j_�1eN� � day of �� `�,�� u .-, 2016, by Ricl�� Greathouse. �,� � ��-� �.. ��.�� _ _ ,��'�� "�f, Tonl Reedy � �� s�.° �, � Notary PubllC, State of Texas � � � • ° _. , ;�^�. '�'� � Comm. Explres 03-2i-2018 �` �. �� f � ,�r �;+, 1 f,!'6.�., < t �r,. .,_ . �_._.. ¢�,�; ��,',,3.°` Notary ID 505547-8 �- ° - Notary 1'�i b I i�, State of '1'exas t , ,� � THE STATE OF TEXAS COUNTY OF DENTON } � : � m, This instrument was acknowledged before me on i�� „ w� �� _ day of �� .� ��.�.�_ `� �� 2016, by Amiee Greathouse. 'W' ��`�� t ��a�� 1Y6114#Adr ��.r �°�+r�t� � ��sitfr� �'u�n6�,, aSc�#�° �:a6 l�xc�: � �T �, ,�� G�:.}tl�xrn. 4:x�aiw€;s t��'�� :Ei �",,'.�cr��w; � fi1�at�try t�t �C15��47 £3 y� � ` � „-- " '. s f. y _ , r�*�` . .g � J'�..,"_. P —,..�...._ .. Notary C'�xl�lic, "�t�at� �i I �x�� C THE STATE OF TEXAS COUNTY OF DENTON } � This ��str��i�.� ; at �� •��1�[�c�w�ic�cl��l before me on the ��clay of �' , 2016, by . ' r, , , City Manager/Deputy City Nlt ��;e�°l�esi��a��.1�c[ R��°c��r7t��cive, on ��i��1i`ofthe City ��f Denton, Texas. 4 �`Ni'�� r�r�„`� � ��a��"�� a ��"�� „�� t`� 8��3i�t��' �' t1�3�i�-��Y� �� 1 � �,�:T : � � �,�#g� ��. �� -��..�� ?�,. +� a it� 3��y. � a� a=��s�� `� �� c� enz vr� . . "�^�' �.m.�.wl APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ,;� � �i � � �.P��f _�..' !I BY: � �� '�' ��. �N � �� . �. � � �e.. � �� N� ° i°y �'�1t�I °, State ��' Texas 7 �=1ft�� •ec�:a�t�� x-eli�� tr�: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 Recorded On: November 23, 2016 10:41 AM Total Recording: $54.00 Denton County Juli Luke County Clerk Instrument Number: 148230 Real Property Recordings AGREEMENT Number of Pages: 8 " Examined and Charged as Follows: " *********** THIS PAGE IS PART OF THE INSTRUMENT "`********'""" Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number Receipt Number: 148230 20161123000254 Recorded Date/Time: November 23, 2016 10:41 AM User: Station TJ D Station 9 Record and Return To: JENNIFER WALTERS CITY SECRETARY, 215 E MCKINNEY DENTON TX 76201 STATE OF TEXAS COUNTY OF DENTON I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Denton Counry, Texas. Juli Luke County Clerk Denton County, TX