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2016-233Sa\Legal\Our Dacumesrts�Ordinances\16\2016 Nune: �ro Tixnc O.r�inances\��nska and Minhirinett\Hanska a�d Minhinnett NPT tv Accept NAA Ordinance.�ocx • � � �' � ' �; � •,r , c � � R � a � � � � � � � � � � � �r, ' a � � � ��� �' � � . � � • � � • � �' ' �' � � � � r c � . � � �' � �; � � � � • r � t c � ' � � � � � �; • � � � � � �' � � �' c r � � , � � � � � ' � c ' � c , � � � � � �' � � � � � I �' � �' � �� � �', � �� c � �� � �' � �� � �' �' /' • . � � . � � ' � • �, � � � , ` � � ■� � � a 1 c ', r' •' r � � �� �� � �, �' � � � [ � � i � � ' r � i � � �' / •: � .. ♦ ♦. . • �. � l�. R • , • �� ♦ �.... ♦ ��� 1 [. �� ,: � � •�,. �... , '. �: 1 �... . . . , ♦ . ���. WHEREAS, on February 9, 2010, the City Cauncil adopted Ordinance No. 2010-040, which ordinance accepted non-annexation agreements signed by eligible property owners within an area af approximately l, l% 1 acres af land generally identified as 66PAA1 99y as legally described and depicted in the attached Exhibits 66 ^ 99 an�] 66D99 to Ordinance No. 2010-040 and attached herein, ra �d �� which a portian af said 1,171 acres, specifically 199 acres consisting of properties not eligible to receive non-annexation agreements, was separately annexed into the City of Denton, Texas via Ordinance No. 2010-117 on May 4, 2010; and WHEREAS, per Section 43.035, Subchapter B, Lacal Gavernment Code, a Texas city is requireci to make affers of non-annexation development agreements to the owners of all properties which have been appraised far ad valorem tax purposes as land for agricultural, wildlife management ar 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 af 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 recently discovered that two eligible parcels, as legally described in Exhibit 66�99 as attached herein, were inadvertently omitted from appraval of non-annexation agreements by Ordinance No. 2010-040, due ta an inadvertent clerical error; and WHER.EAS, as a result of the clerical error, the property owners were never offered non- annexation agreements even though they were eligible to receive them and thus their praperties were separately annexed; and WHEREAS, in the interest of fairness, and for the purpose of carrying out the original intent of Ordinances Nos. 2010-040 and 2010-117, the City and the affected owners wish to correct that inadvertent error via i1115 ardinance, nunc pro tunc, by approving two non-annexation agreements for these eligible parcels, to commence immediately and to expire on August 1, 2020, the same expiration date as current non-annexation agreements approved by Ordinance No. 2016- 117, and to thereafter correct annexation Ordinance 2010-117 via separate ordinance, nunc pro tunc, to remove these omitted eligible parcels from the City limits and tax rolls, and to reimburse the property owners for the City portion of ad valorem taxes paid, if applicable, as a result of being annexed via Ordinance No. 2010-117; 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 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 incorporated herein by reference and found to be true. SECTION 2. A certain area of land was previously denominated in Ordinance No. 2010- 040 as 66PAA199y which was legally described and depicted in attached Exhibits "A99 and 66B" to that ordinance, and incorporated therein by reference. For the purpases of this Ordinance, the term "PAAI" shall have the same meaning, and such prior legal description and depiction are incorporated herein by reference. SECTION 3. Certain offered non-annexation agreements relating to eligible properties contained within the previously defined PAA1 area, which have been properly executed by the owners of those praperties, and which legally described by prior recorded instruments referenced therein, is hereby approved and accepted by the City of Denton, Texas. Said agreements are attached hereto and incorporated into Exhibit "C" of Ordinance No. 2016-117. �1����`I"'���1 �. The City Manager is authorized and directed to sign the nan-annexation agreements 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 non-annexation agreements in the real property records of Denton County, Texas. SECTION 5. The City Manager shall ensure that the parcels described in Exhibit "C-" are removed from the City tax rolls and is further directed to undertake the necessary steps ta reimburse the current property owners the City partion of ad valorem taxes they have personally paid for the parcels for the tax years subsequent to the adoption of Ordinance No. 2010-117. SECTION 6. All other provisions of Ordinance Nos. 2010-040 and 2016-117 nat specifically amended herein shall continue in force and effect; however, the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance Nos. 2010-040 and 2016-117, to the extent af any such conflict. SECTION 7. This Ordinance shall take effect immediately on its passage and approval, Page 2 � ' ! • • ' ! ' �' i'h����l� �'��11:� �11'1'F��V�:&� [a�j il��; �"it�r ��������cil a•��aci�t��; tl�i� c��y c�[` � � ���, �(.11�. �LL �� ������ �� CHRI� °�`l"`1��, �.�r�YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY � � , BY: � # � � l'I� -�' l:��i:� ,�� y�3 LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � fif P�� � �y..�"' ��� BY: ��� �`� _ ��_� EXHIBIT "A" Annexation Tract PAAl BEGINNING at point at the northwest corner of tract described in Ordinance 2006-205, and further described in said Ordinance as a'/z inch pin in the Center of Tom Cole Road (east-west road) and C. Wolfe Road from the south; ' THENCE South 88° 55' 44" East, along the present Denton city limit line as established by Ordinance 2006-205 and being the northerly line of the tract described in Ordinance 2006-205, a distance of 4,685.36 feet, generally with center of said Tom Cole Road to an "x" cut in a concrete bridge; THENCE continuing along the northerly line of the property described in Ordinance 2006-205, and further described in said Ordinance as North 89° 43' 13" East, a distance of 2,591.29 feet, generally with the center of said Tom Cole Road, to a point described in Ordinance 2006-205 as ��% i���h iron ��ix� set at the north���� corner of the ��r�}��r�y described in Ord������ce 2006-205, ��'r�� ��i��t also l���ng described in C���c3inance 69-40 (T�°��ci Y� as the southeast ��rncr of the David Davis Survey, Abstract 356; THENCE northerly along the easterly line of the said David Davis Survey, said line also being the westerly line of the Wm. Wilburn Survey, Abstract 1419, along the present Denton city limit line as established by Ordinance 1969-40 (Tract I) a distance as described in Ordinance 69-40 as 2,642 feet to a point being the northeast corner of the said David Davis Survey; THENCE westerly, along the present Denton city limit line as established by Ordinance 1969-40 (Tract I) along the northerly line of said David Davis Survey and described in Ordinance 69-40 as a distance of 341 feet to a point for corner, said point described in Ordinance 69-40 (Tract I) as the southwest corner ofthe said Wm. Wilburn Survey; THENCE northerly along the present Denton city limit line as established by Ordinance 1969-40 (Tract I) and along the westerly line of the said Wm. Wilburn Survey a distance of 1,853 feet to a point described in Ordinance 69-40 as the southeast corner of the M,H. Davis Survey, Abstract Number 377, and also described as the northeast corner of a tract of land conveyed to Malcolm M. Long by deed recorded in Volume 389, Page 389 of the Deed Records of Denton County, Texas, said point also being the southeast corner of a City of Denton annexation tract established and described by Ordinance 1983-90; THENCE South 89° 28' 15" West, along the present Denton city limit ]ine as established by Ordinance 1983-90 a distance of 2,359.92 feet (as described in Ordinance 83-90) to a point for a corner; THENCE North 00° OS' S4" West, along the present Denton city limit line as established by Ordinance 1983-90, a distance of 600.48 feet (as described in Ordinance 83-90) to a point for a corner; THENCE West, along the present Denton city limit line as established by Ordinance 1983-90, a distance of 675.60 feet (as described in Ordinance 83-90) to a point for a corner lying in the middle of Hickory Creek; THENCE North, along the present Denton city limit line as established by Ordinance 1983-90, and along the middle of Hickory Creek with its meanders to the center of Jim Christa( Road (as described in Ordinance 83-90) to a point for a corner, said point also lying on the south line of a City of Denton annexation tract established and described by Ordinance 1986-48; THENCE North 89° 55' 00" West with said Jim Christal Road, along the present Denton city limit line as established by Ordinance 1986-48, also being the southerly line of the E.A. Orr Survey, Abstract Number 983, a distance of 3,435 feet to a point for a corner, said point being the southwest corner of said Ordinance 1986-48 annexation tract; THENCE South a distance of 30 feet to a point in the south right-of-way line of Jim Christal Road; THENCE West, along the south right-of-way line of Jim Christal Road a distance of 475 feet to a p��nt for c�x-��ur, said ��cji�t ��'s�g the int�r�c�ti��� of the south right-of-way of Jim Christal R���t� and the ���� right-of w�y 1���� of C. W��fe I�.���3; THENCE in a southerly direction, along courses and distances of the easterly implied right-of- way line of C. Wolfe Road, a total distance of 7,875 to a point for corner, said point being the intersection of the east right-of-way line of C. Wolfe Road and the north right-of-way line of Tom Cole Road; � THENCE East along the north right-of-way line of Tom Cole Road a distance of 500 feet to a point for corner; THENCE South, crossing Tom Cole Road midway, a distance of 25 feet to the Point of Beginning and containing 1,152 acres of land. EXHIBIT 6GD 99 �� City of Denton, Texas 1 - 1,158 Acres r� ������ � �� �. �w € � �. . Feet 0 500 1,000 2,000 3,000 EXHIBIT "C" C:\Users\Ken�AppData\Local\Microsoi�\Windows\Tempa�rary Intemet Files\Content.0utlook\06VD3RF7iMinirinrrett I73428 Non-vrnexation AgreemenY 2016.dac � ' ' ' , � . � � � � , I � I . � � � . -- - - - -. � � . r - � ' 1 , , - � . � r,�- � . �t� �- • 1' � � . � �. ` � � ��' � • . •' •-� � •�' � � !' - / ". � • •' �' � . �, � - � � , � � � �• i'� � � s. : � � �' s ' : � , � I , ���.. . ' �.... �. 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' s • •�- 1 ' � • '� . . _ + . � . , � �w- � • � , � , - � � .' . •�- 1 � • � . . - • • ��- • • • . , ,.� - !- � ' •�^ . -; , ' •�- �-� . � , - . , � , • , �c- �' r �,; -• �' ,' w . �; , ' ��- 1 ' • � '; ii• , - � . a; , ��- ! • • , -+ • . . - � � • . � r � • . �. � 1- � ���- ,, ;' ; � , r ,. � 1 , �-� . � � ,�� ,� - . � �.' � , �. �" �- , • ' •�- .. : ��' � (4) Sign regulations, as contained within Chapter 33, Denton Code of Ordinances, as amended; ` �� ,� - . � . - � • • • , , � � ��- . � -� � . -�' .r � � �-,� ��- � • � . �-� , � � . • - � . � � i� � . . +-� !- • , - � � - . . . ,�-� . � . �� - '�' � •�- , . -, �-�i � '- � ��- , - �-� - , •�- , . +-• � ,�� .� - .� �, • • , • � • r, , • . . �-�' �, ♦ �� ' �� " •�� ! � ' I'� / � •�' r !I " � -'� +'I�• � � � • "� . � - 1 a' - l- �; •�- �- �-� • , � -, � . ' * • - � �'; �� � " : � � ���. .. ' / �.'. 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'. r,• r • . � ' � � � � . • . , , - �-a � � i r � � - � . • ; � � � • � � . - , � � - - � � ' . � � . . � . �- �r • :1 . �, a, -. � �, r . � , � •- . . ► , • . • •�_ - - � - .. . • - . . � .+ ._ . . �- �- - �• ; .�� . • � � , � •- -'•� . r -r � � - '` ��- • + �- �• ,r� . � � a . � �- •� ' • � . . -w * + • - . w- � ' • , • � � � , � � , � r, �- - �• - ,�� � _ i - ,� - � � -w � � • - -� � - � ��- . � . . +- - � � . � . . •,- � � - - � - . � - � �,; . - - • � � - - � , r • - :1' �, �- •� � + _ !_ - �• . . � . . Section 5. ��,����;����:��t L��.�i����� ��icl r�� I'��n� Vc�Iur�t��f���:Ga���i�icai�. . , • . .�� � • � � . t �- - •� •; � � • •- - �� � �• ♦ � - •,��- � , - �- - •� '' � � �-� • • , wii � • * - , •� �- � , ,� � � :; r• r � � �� � -, � , �, � • * � -, ,• � . •� -. . - . , • • - ' r�- � . � � � ��- • .• - r � • � � � *� - + �'! - . �; • . w . . - - ! - - •;- � w - � .� �� - � . - , � • . . *�_, #. � . � . . ,. __ , . - , � � - . �-, �.. -� � . , � • r - � - -� - - . � � � -� - � . , - , � � . , . i-w -� � - � r ��- - � � 1 � - � , - - r , _ � • .+ I• •, i' ,'I � '! • � ! + �'# � # . � ��., + � �' � +' • •„ "' � � • � • � �" • � • •,' " � � ' #'' � . t` • f' � • ' + ' � " ' 1' � � r � * � !'' � � � 1 ' City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 - • '- w � * ' + -- . ,� . • r�_ . � �- . • �_# _ � •�- . �;� �. � , � _ , Section 8. Seve�-�71�i1'r:t�. 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. ����a1�;�i��. 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. • 1' � r -� .- , -•, � . . , • . ' , � -.� • ' • ' • .� • ., � •�- � -� � . � ►; � � � • * r- � - • • , Section 12. Ex��;�aii���� i�1 1G�������1�:, C`�y�a�t��. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. • . � • �-• s . .+ • '. �• • ' + 1 1 �. �� '� r,- �i, •. -� � . �- •r� �• .' ,+ • " � �, � - � � ., �, �, • , - , -. -� . , • �• � • '! ! . • � - ' r�- �, - • , ,I .' - � , -� � � . � � � -� � • - -•. � � � • -� • • -� . � 1 1 . � � - ' ��- . ;� � + �: I � � �.."' + '. � ' �.. ! ♦ ♦ * �. ' ��� ��. . � ' � .. , • ,. : f. ^ : . �' '.. • r�• •� '1'I �� ' l'� '�, �",, � � � ! •f" � � � + �" � �- � � �`' � ', � � „ • . � r ' � " ' # s I • � � ' ! � " �. Section 15. 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 mav be necessarv far the implementation ofthose �c��ti�����, • � • � � � By: u........ _.�.... City Manager, Deputy City �t���n�,��°, or Designated Representative THE STATE OF TEXAS r�'; This instrument was acknowledged before me on the � „ day of �,���� ��� � 2016, by Kenneth C. Minhinnett. '� �� -.__ � � ""°"'��. � LESIIE HAYNES � ;`�*'"� ��r� m��r� �� r Notary Public, Stote of iexas '�; �"'��,,sq� Comm, Explres 12•04•2019 � �'��F'�'�*'`� NOi�t� ID 128156200 �RPdlIIq6�� ..._..... T111i 1� 1� g� ol� 1 TiA�l7 •�� •�: , �� . •� . .`� '�' .� °� ���," �' �`�, .� Notary Public, State of Texas This instrument was acknowledged before me on the _ day af �,���y� ��� 2016, by Linda Minhinnett. � ,. �.� � �"'" "'� LESUE HAYNES�� 1 � �'� `� -� �', � � �� ,.s a+�"'� "�'�`",� � �� � r� w Notory Public, Stafe �f (exn� i ° !�-�- --�� """� �� ��� ���a- m - �� � ~� � 4�: comrr,. EM���es i 2.,�,,i ao i�;, Notary �'��la i�,, 5�x�t� of Texas �.. �'''�'�,oF� ��*``` NOiory ID B 26156?�JO � 0 • : • •: COUNTY OF DENTON } � SNµ. X � c��vl�:�3�;�ct before me on the ' _ day of , 2016, by T is ir� s i���c�i was �� ��� �; m _�� �� �'� ,� �.,�� , City Manager/Deputy City M� �x�;�i-�'�)�:si����t�c1 Representative, on l-a����€Jf'ofthe City ofDenton, Texas. wrwiia�rWx� � ������'��. ��,�5�3�.? ���� � �.. � �Pr3t � y ,�� ` "�°' Q��s r,�.��� ���t�t;-.����� €�� � � x,�* � � ��.��a��. ��� ��-� ���t��� •,: � � °� °� :�� � � � �;� u���''; :�` ��`����'i�° i� � � ����� sa�¢s�v�'P F.�,—� �.,���.. �,� �� � � � !. • . :! � , : • . �: � . : , � I ♦ '�. � � . � ♦ �: � � r� r� �-� � fF . �' �� BY. ��.,�f� �,� � � � ' �� �' �� � � I�I�� � r2°y l��rl�I' v� State ���i�' �'exas � �, 0 ,N��`t��- �-�������r�� �e�u��n__��a: Jennifer Walters City Secretary 215 E. McKinney Denton, TX 76201 � � � '� �� "VG-19-2016-148231" Recorded On: November 23, 2016 10:41 AM Total Recording: 554.00 Denton County Juli Luke County Clerk Instrument Number: 148231 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: 148231 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 S:\Legal\Our pocuments\Miscellaneous\16\NAA Extensions�PAAI\Hanska 173420 Non-annexation Agreement 2016.doc � ,c � -, , . , . ,i . ' - � � I , 1 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 Robert E. & Somboon Hanska ("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 all that certain lot, tract or parcel of land situated in the Gibson Myers Survey, Abstract No. 843 in Denton County, Texas. Being all that certain tract of land conveyed by Deed from Eagle Farms, Inc. and John Porter Auto Sales, Inc. to E. Barney Futch and wife, Traci Furth, recorded under Clerk's File Number 94-R046179, Real Property Records, Denton County, Texas, and consisting of 15.013 acres more or less, and being commonly known as DCAD Property ID No. 173420. 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. �"�a��tii��G�t:i��� �1` L I'l�,�t��tu�. 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. C:��e�e�ca��r��cnt �'l�x��. 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���°t���r�i��� i�t�����ati����. 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; (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. L��v�l.c������ci�i 1'l�i�� tc� 1��t����i�� ��� ��C`ect-. 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. �rR�;�°����i�t �]c;c;r��cl �c�ic� ir� �'��-i� Vr:rlt���t��r f���z��x��ti€���. (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 i. I�.��+�r�iax�. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. ��.��P�i�£�l�i I�l�r. 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. �������cl���. 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. +�;`l���ra�� in La�t. 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 ks��c���tic��� i�� I'���ili�pl� �'�r ��, 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. Waiver. The City offered this Agreement to the Owners, which Owners have accepted, as a result of the undoing of the 2010 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 2010 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. Section 15. �,�c.r���vGl� ��` �"cav�������t�. 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 THE CITY OF DENTON, TEXAS By• . �� __.._ ��_._ City Manager, Deputy City ��i�����•, or Designated Representative THE STATE OF TEXAS � • � ', • � This instrument was acknowledged before me on the ""� �� day of _�� 4����� r�� �,r"'�° ___ �..,, 2016, by Robert E. Hanska. �������o���� ��� � ��� � � �,��m�g,� � ��, � ���} PU� �� � �, � } � � �y �$` +�„� mr � p � ' � �, �' , �.�- � � .w� � *� m � , �. � � �, , '� �, .. �... � v � �. � � _r ��' � '� l � �. ..���T � �� �� � Notary Public, State c�f Texas � � � �� �� �� � � �� °�r� �� .� �4 � � •� �� � � ��'�,• �."� � � °��a�a�m ;ry,� � � � } �I t lL�: `� l°�����;� � �'�� �� COUNTY OF DENTON This instrument was acknowledged before me on the ,_„_ ��'��� _, day of r��� °� '"'�"T �_� . �� 2016, by Somboon Hanska. LL �, � -� M � � , � `.��,� ,� : � � � � �� � � � � � Notary i'��k��i�� �t�sic c� '1'cx�a� �. THE STATE OF TEXAS COUNTY OF DENTON This i i� �'� ���e �t was ��� ° z����? icl�;�€� before me on the ,� '�.q, day c�I ,�'� 1�� ��y 7 , City Manager/Deputy �d�y l'vl� a�Lr�`�3��i�����ts:ci ����r°��e��t�Ltiv�, on ti��kiax�l` of the City of Denton, Texas. ti�����K��°' ������ ��� �,�������� � ����w ���� �,��a�����a����; �����������;6 � u ��.�' ,���w ������. �::�� ��Ty��-����� ��;� ¢a� �.;,4 r������ �� � � ����� .���„w� � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY -� ,,� ,� ;� �� _ #��' r .� f�" , . . _ BY: P..: l ��.,. � � •t..,,..� � � ,:. . _.�� � r.. �, ��n�-:l't� � �' c St ate of "1�exas 7 ��"tc�r� x°+�e:t��•�l�r�� ���1�a���� t€�: - Jennifer Walters II• i �`'I' Recorded On: November 23, 2016 10:41 AM Total Recording: $54.00 Denton County Juli Luke County Clerk Instrument Number: 148232 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: 148232 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 County, Texas. Juli Luke County Clerk Denton County, TX