2016-235Noles Pena Ruiz NAA
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WHEREAS, on March 3, 2015, the City Cauncil adopted Ordinance No. 2015-067, which
ordinance accepted non-annexation agreements signed by eligible praperty owners within an area
af approximately 1,171 acres af land generally identified as 66PAA199y as legally described and
depicted in the attached Exhibits "A" and "B99 ta Ordinance No. 2015-067 and attached herein,
which a portion of said 1,171 acres, specifically 164.10 acres consisting af properties no longer
eligible to receive non-annexation agreements, were separately annexed into the City of Denton,
Texas via Ordinance Na. 2015-186 on June 16, 2015; and
WHEREAS, per Section 43.035, Subchapter B, Local Government Cade, a Texas city is
required to make offers of non-annexation development agreements to the owners of all properties
which have been appraised for ad valarem tax purposes as land for agricultural, wildlife
management or timberland within the area ta be annexed; and
WHEREAS, under a non-annexatian agreement between an eligible property owner and
the City, the land subject to the agreement retains its extraterritorial status and the awners of such
land must abide by the City's develapment regulations as if such land were within the City limits,
as provided further in such agreement; and
WHEREAS, the City has recently discovered that faur (4) eligible parcels, as legally
described in Exhibit 66�99 as attached herein, were omitted from approval of non-annexation
agreements by Ordinance No. 2015-067, due to an inadvertent clerical error; and
WHEREAS, as a result of the clerical error, the praperty owners were never offered non-
annexation agreements even though they were eligible to receive them and thus their properties
were inadvertently annexed; and
WHEREAS, in the interest of fairness, and far the purpose of carrying out the original
intent af Ordinances Nos. 2015-067 and 2015-186, the City and the affected awner(s) wish ta
carrect that inadvertent errar via this ardinance, nunc pro tunc, by approving a non-annexatian
agreement for the eligible parcel, ta 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 ta thereafter correct annexatian Ordinance 2015-186 via separate ordinance, nunc pro tunc, to
remove the omitted eligible parcel from the City limits and tax rolls, and to reimburse the property
owners for the City portion of ad valorem taxes paid as a result of being annexed via Ordinance
No. 2015-186; 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
incorparated herein by reference and found to be true.
SECTION 2. A certain area of land was previously denominated in Ordinance No. 2015-
067 as 66PAA199y which was legally described and depicted in attached Exhibits 66 q 99 �nd 66D99 to
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that ordinance, and incorporated therein by reference. For the purposes of this Ordinance, the term
"PAA199 shall have the same meaning, and such prior legal description and depiction are
incorporated herein by reference.
SECTION 3. A certain offered non-annexation agreement relating to eligible properties
contained within the previously defined PAA1 area, which has been properly executed by the
owners of those properties, 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 66('�99 to Ordinance No. 2016-117, which Ordinance
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adopted the most recent non-annexation agreements for eligible properties in PAA1.
���fiI�N_�. The City Manager is authorized and directed to sign the non-annexation
agreements contained within Exhibit "C", far 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 nan-annexation agreements in the real property recards of
Denton County, Texas.
SECTION 5. The City Manager shall ensure that the parcels described in Exhibit 66�99 are
removed from the City tax rolls and is further directed to undertake the necessary steps to
reimburse the property owners the City portion of ad valorem taxes they have personally paid for
the parcels for the tax years subsequent to the adoption of Ordinance No. 2015-186.
���"�I�I{�I� �. All other provisions of Ordinance Nos. 2015-067 and 2016-117 not
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. 2015-067
and 2016-117, to the extent of any such conflict.
SECTION 7. This Ordinance shall take effect immediately on its passage and approval.
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Annezatiou Tract PAAI (Page I of 2)
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a,�d �r d�scr��ed in s�id f��c3����� �s � It2 in�h �i� i� t�� ��a�.e�� �f �'vt�s ��1� ���
(east-west road) and C. Wolfe Road firom the south; ' .
T€�2��� ��uth �8° ��' ��" �� , �1��� ��� �r'�����t 1�e�[r�n caf� li�.at iS��� as ����Iish��
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"x" cut in a concreta bridge; .
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����r-��Sy �d �`urtl��� �escriki�,� i� s�ic� �r�i�a�t�ce as i��t� �9'� ��" 1�" �`�s� � �i�����e
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i�r�inanc� 2i���-��5 �,� a 31d i��� irc�n �ri�a �� a� tk�� n�����t �c���r �a�ti�a �a���re�'
d�sc�°i�� i�a �t�dJnan�� �ii{7���t��, s��i� C��irat �1�c� �eiz►� ��:��r�%c�d irt {�rd�r��a�� �e���C1
�"ir�i I� �s ti�i� s�u��t ����' ��"t�� D�v�d 1�a�vis Su�ra��+� t�.bs�r��t ���,
TIl`���1� nc�r����;��3y` ���� ��� e.��t�r1}� l'z��� �fth� s�ic� i��vad ��vs� �wrvcy, sai� lar��. ��so
l��i�rr�th� w����r�� iin� ��tl�� �r�. t�Viit�u�� Su.����� A����� 7�1 �, $����� i��� �rese:��
i}��tc��, ci��r lir�zit ii�� r� ��;��rt�st��cl by �x�iru�rs�� �������3 �i'r�.�t T} � disTan� �s
�f�;c��i��r� an C�r�i��nc� �9�� ��,�4� f��i ica � p�ir�t 1�ir�� fi�rt� �sar���e�st ��s��r �f t���s
said David Davis St�rvey;
GE w��tcrly, ���n� tl��s �Sr���r�t �7�.�xt��� cit� �imit �a�� �.s �sf��lish�d by �r�iin��:ee
��f�-�f� ��"raet I} a3��� th� m�r�������+ isr�� c��°t�� ��� �tsv�c� �avis Su�'�y �nc� d�s��i��i
i� �rdinanc�e ��-4� ;� �� c�i�c� taf �� � �"�t t� a ��r�i f�r �rr�e�. s�d ���.t ��crib�r.i i�.
Ordiaance b9�0 ('�'ract i) as the southwest �m�r+a�'th.� s�i� �r�, i�'�1���� ��`�Ya
"������� n��ih�:r�y e�lar�� t}�e ��-�se:�t L���t�ar� +�at� iam�t lln� ��st�b3i��� �Y t��`�i�a�n�
1 ���-4� ('1`r��c �} �r�c� �i�n� i�a�,^w�s��rly lirr� of th� s���i '�m, '�lil'b�n ��arv��+ � c� �c�
c��' 1,��3 �"��t tra � poirat €�es�r���:� i��aa �r�ii��noa 6�-4� �,s ti�� s�utY��st �arr�cr ��'th� �,��I.
C���=�s �ur�°�y, Abstr�a�t �is�k���• 377. �z�� �l�� d�scri��� as �� ��rt���st ��rrt�° �f z� tr��t
�f t�rat� c������c;c� t�a i���lc�a��rs Zt�. �.�r�� �y ��e� r��r���i ��'��l�m� 3B�, Pa�e �8� �f`t�ie
i����I }t���rrd� �sf` L���7icar� C�c�u���, 't'�x��, ��id �c��ni tti��a b�ir�� i�� ��z�t��t ��e� �f ��
Gity of Denton annexatio� tract established �d ��s�ribed bY �r�s:��� �'�����'��
'T`T�i'�+�� ��ui� 8�'a 28' 15" We.st, alca�� tb.� pa'�s��i ���t�n �ity lirzzit Iir�� as esta�i�sh�d
�y t7rda`��n�� 1�S�-9t} a d�star��� of 2,3�9.9� �'eet �ss �i�scri��� in +�lrc�in�r�ce 8����} t�r a
point for a comer; ' '
T�EI�d�� �orth �t7� �5' S4" ��st,.a��sa�� �a� p��ent ���7t�ar� city E�t iin� �s �s��lished
�y ���i.�a�ra�� 198�-9�� a distarac� c�f ���i.48 ��� (as d��c�i��d in C?�din��� ��y'��� to a
point for a corner; �
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Annexatlon Tract PA.AI (Page 2 of 2)
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�i�y l��rasC lit�� t� �:�tahli��►�� �y �rcii��c�s 1'����t�� €�i�a 1����� t�� ����her�y 1it�� c�f f'��
�.�. �7rr �u�°v�y, A��str�t �cs���a�a� �'��, � ��sta��� ���,�3� �"��t tc� a �ciicst �`�� � cc�rrr���
��.;d p��,�� ��#n� tt�� ���tt����s� ��acr��r t�f s�id Ordinattce 1986-48 annexation tract;
TI�NCE South a distance of 30 feet to a point in th� south right-of-way li.no of ]im
Christal Road; ' � ' '
���t��� �J��;� �3��� t�� �����a r����t-�f w�y tin� €�� ��m ��st,a.1 R�r�d a ��st�r� ��"�75
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��� ��Sr'a���l �.�a� �ri �h,� �i ri���i�f �r�y line of C. Wolfe Road, .
. ' �C� i� a s�u�erly �ir�tir��, �lai�� cour��s �aad t�i�tat��� �f t.�s �a�t�r]y ��p�i��
t��t�c�f �u�a� l�a�e ��' G. i�a^'�i�� �tr���, � t�t.� dist�ca ��"�,�75 t� a pcs�t �"+�s� ��rrse�, s�i�
�S���at b�a�� f��� x�at�r��ct�+�r� c��'t�u ��t ri,g�t�f-w�y �i�t �f�. V�c�l�e ��� arz€� ti�� ��r��
�;�at-��'�w��y �i��c ��f �`t��a G�slc �Qad; .
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THENCB East, along the narth right-0f-way line of Tom Cole Road a distance of SQO
fcet to a point foc corner;
THENCE South, crossiang Tom Cole Road midway, a distance of 25 feet to the POINT
OF BEGINNING and containing ],152 acras of land. '
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City of Denton, Texas
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S:\Legal\Our pocumentsUvliscellaneousU 6\NAA Extensions\PAA1\Noles 173432 173433 Non-annexation Agreement 2016.doc
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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 & Sandy Noles ("Owners"), the
property owners of the hereinafter described property (the "Property99) in Denton County, Texas,
sometimes individually or collectively referred to as "Party99 or "Parties":
Being 10.008 acres of land situated in the A. Miller Survey, Abstract 887, Denton County,
Texas and being all of that certain called 10.00 acre tract as described in a deed from
Lamar M. Lex, et ux to Brian Zimmerman, et ux dated September 3, 1997 and as recorded
in Clerk's File Number 97-R-0062116, Real Property Records of Denton County, and
being cammonly known as DCAD Property ID No. 173432 and 173433.
RECITALS
WHEREAS, pursuant to Tex. Loc. Gov't Code ch. 43, the City had previously given
notice of its intent to institute annexatian 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 212.1 i2, Tex. Loc. Gov't
Cade ("NAA99), 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 NAA99), 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 ta allow the Property to remain in the City's extraterritorial
jurisdiction ("ETJ") for the term of this 2016 non-annexation agreement (hereinafter, the 662016
NAA99 �T, 66Agreement99), which supersedes and replaces the NAA ar 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 ta annex the Property and the Property may be annexed upan 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 intentiori 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 recarded in the Real Property Records of Dentan
CQunLyy TEiXf�Sy
NOW, THEREFORE, in consideratian of the mutual covenants contained herein, the
Parties hereto agree as fallows:
Section 1. C`c�r3wt����t�ti�i� c�i` l:mmml`1 �t��i�a�. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term af this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, hawever, to the provisions of this Agreement.
Section 2. I��vc�l,����a��:��� �'��t��. 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 Iimited to
farm-related and ranch-related uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that na single-family dwelling may be lacated ar constructed
on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement.
The property owner may apply ta the City for division of the land subject to this Agreement into
parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section
without being in violation of this Agrzement. Such uses and activities constitute the
development plan for the Property in satisfaction of Tex. Loc. Gov't Cade section 212.172(b).
Section 3. ��+�ve� ��i��� 1�� ����, la �ti�r�:�. The following City regulations shall apply to any
development of the Praperty, as rnay 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 ar forestry purposes and does nat
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 ("DDC99), as amended
pursuant to the current Denton Plan, as amended, including but not limited ta 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;
�. M1I11dI1U121 IlUUSlll� allll UUlll�lllg StAl]ClATd39 Denton Code §§28-383 — 437 �nd
§§ 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 Cade, the Texas Water Code, and
applicable administrative standards of the Texas Railroad Commission and Texas
Commission on Environmental Quality, as amended.
Section 4. �����1t�7�s���.��t l�°��t7 1� ���a��i�� i�� I�II`ec�ty 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. �i„������s�t r��.�����;�� 'V��c� i��_1'����y ��c�l����t���• �s�����m��ti�a�7,
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion af the Property inconsistent with the Development Plan
provid�d 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 762d 1
Section 7. P�c�t•cli��. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. ���uc�•��hi1i�. 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. I�cn��ciic�;. 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. C'I�r��z�� ii1_L���v. 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. L:��c;c��i�a�� ��� �?�calti��l� �e�o�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 2015 annexation of the Property due to a clerical
mistake comrnitted 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-1, 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.
E
Section 15. �ut°tiPi��Y1 ��� �`c�v�������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 �w��������;�•� .1 �}�i� y �ity ,_���ui���°, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the �"�� day of �� ,���`�' �.�=�� _,,
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COUNTY OF DENTON
This instrument was acknowledged before me on the _„_ '`� �Ft day of ���—� t�. 4� Y':.��._�,
2016, by Sandy Noles. 4�Y
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Notai•y Public, State of Texas
6
THE STATE OF TEXAS
COUNTY OF DENTON
This i��si�-w�: e��t was �ck�l�ivledged before me on the „����� day of �.� „��,� , 2016, by
' �- .�" ;� . �„ „ City Manager/Deputy City 1"v�` ''a������ll�c����,����t��
i��.��i�cs�a�t�at��rc, on i��:l��a�i`ofthe City c��f"T��i�t�s�, Texas.
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY: ,.�� ,�'' -;�'
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� ry �'u� i � State���i 'I�exas
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�.ffi��r• t-e���»c�itt��r-���r��� �t�:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
�� �
*VG-19-2016-148233'
Recorded On: November 23, 2016 10:41 AM
Total Recording: $54.00
Denton County
Juli Luke
County Clerk
Instrument Number: 148233
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
148233
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
�. • �• � - y . . �, , � �• � . � � •
� � � , � , ! ,' .
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 Jose Alfredo Pena & Silvia Ruiz
Pena ("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 2.567 acres of land, more or less, situated in the Gibson Meyers Survey, Abstract
No. 8443, Denton County, Texas, and being more fully described in that certain
Warranty Deed dated June 15, 2006 from Norberto Ruiz and Maria De Jesus A. Ruiz,
husband and wife to Jose Alfredo Pena and Silvia Ruiz Pena, husband and wife, filed
for record on June 16, 2006 and recorded in Instrument No. 2006-72743 of the Real
Property Records of Denton County, Texas. Said 2.567 acres of land, more or less, is
commonly known as DCAD Property ID 301899.
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 ta allow the Property ta remain in the City's extraterritorial
jurisdiction (66ETJ99) far the term of this 2016 non-annexation agreement (hereinafter, the c62016
NAA99 OT 66Agreement99), which supersedes and replaces the NAA or Extended NAA previously
executed by the Parties far all purposes, until such time as stated herean; and
WHEREAS, the Owners acknowledge and agree that if the 2016 NAA is nat 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
annexatian 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 upan 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 Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual cavenants contained herein, the
Parties hereto agree as follows:
Section 1. C����tin����i�ii e�f` �TJ �i�t���. The City guarantees the cantinuation of the
extraterritorial status of the Property and agrees not ta annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parti_es, subject, however, ta the provisions af this Agreement.
Sectian 2. ���� ��a�t��til�L�t 4�C�j�. The Owners covenant and agree that use af 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 custamary accessary uses, and single-family detached
farm or ranch dwellings, provided that no single-family dwelling may be lacated ar canstructed
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 far divisian 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 sectian
withaut being in violation of this Agreement. Such uses and activities canstitute the
develapment plan for the Property in satisfaction af Tex. Loc. Gov't Cade section 212.172(b).
Section 3. ����ea~��i�1� l�e,�����ii����. The following City regulations shall apply to any
development of the Property, as may hereafter be amended from time ta time during the term of
this Agreement, provided that the application of such regulatians does not result in interference
with the use of the land for agricultural, wildlife management or forestry purpases and does not
F�
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 Subchapter 15 of the DDC, 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 UilllilOS COClO,
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�l.�r�i�����t �'��� �� R�r��aii� in T����c: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. e"� ��•��r������ I���.����d �'�ici i�i ���°t; �'��1����t�r��r �1��a��:xatic���.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Upon expiration, or upon breach or termination of this Agreement for any reason,
the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-
1, or other such other provisions governing voluntary annexation of land as may then exist.
Owners expressly and irrevocably consent to annexation of the Property under such
circumstances. Owners further agree that such annexation by the City shall be deemed
voluntary, and not subject to the requirements and procedures for an annexation plan, as required
by Tex. Loc. Gov't Code section 43.052, or successor statute.
0
Section 6. �11c�tic� c�fF S�l�. Any person who sells or conveys any portion ofthe 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. I���.c��°cii��,�. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. ��:v�z°���ilit:v. 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. ��r���:�li��. 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. �']��c1��c �i� I.�r�v. 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. Cx����ti���7 ia� 11�I��Ici ���"���i��. 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 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-1, 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. ����°��i�����. c�l Cc�v�r�at�t�• The covenants in Sections 2 and 4 shall survive
termination of this Agreement, tagether with any other provisions, as may be necessary for the
implementation of those sections.
• • � •
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THE STATE OF TEXAS
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THE CITY OF DENTON, TEXAS
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City Manager, Deputy City �������.e�a, ar
Designated Representative
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acknowledged before me on the � day of
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Notary Public, State of Texas �
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This instrument was acknowledged before me on the �, %'..-�.� �" � c�ay� of � ._�,
2016, by Silvia Ruiz Pena. ���
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THE STATE OF TEXAS
COUNTY OF DENTON }
This ins������n ���t: was c���i�c� � ec��c : before s��e on the ���ci�y c�i`_ .m �_._
2016, by .`� K � .� "..�.. � i:ity� �'1<t��f�� ,•1L)c��rt���° City
M������c.rli���i�;��tst�c:i Representative, on 1��1�c�1�' of the C��:y of Denton, Texas.
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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7
�,�'k��� r��cc��°�lir�� a;�t��r�� t�:
� Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
ii � �i
*VG-19-2016-148234* I
Recorded On: November 23, 2016 10:41 AM
Total Recording: $54.00
Denton County
Juli Luke
County Clerk
Instrument Number: 148234
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:
148234
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
1 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\Ruiz Pena 36651 Non-annexation Agreement 2016.doc
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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 Norberto Ruiz, Maria de Jesus Ruiz,
Jose Alfredo Pena and Silvia Ruiz Pena ("Owners"), the property owners of the hereinafter
described property (the "Property") in Denton County, Texas, sornetimes individually or
collectively referred to as "Party99 or "Parties":
Being 5.136 acres of land, more or less, situated in the A. Miller Survey, Abstract No.
887 and the Gibson Myers Survey, Abstract No. 843, Denton County, Texas, and being
more fully described in that certain Warranty Deed with Vendor's Lien dated August 6,
2001 from Delbert H. Wiley and Ruth A. Wiley to Norberto Ruiz, Maria de Jesus Ruiz,
Jose Alfredo Pena and Silvia Ruiz Pena, filed for record on August 9, 2001 and
recorded in Volume 4897, Page 2123 of the Real Property Records of Denton County,
Texas. Said 5.136 acres of land, more or less, is commonly known as DCAD Property
ID 36651 and DCAD Property 301899.
SAVE AND EXCEPT: A 2.567 acre tract of land, more or less, situated in
the Gibson Meyers Survey, Abstract No. 843, Denton County, Texas, and
being more fully described in that certain Warranty Deed dated June 15,
2006 from Norberto Ruiz and Maria de Jesus A. Ruiz, husband and wife, to
Jose Alfredo Pena and Silvia Ruiz Pena, husband and wife, filed for record
on June 16, 2006 and recorded in Instrument No. 2006-72743 of the Real
Property Records of Denton County, Texas. Said 2.567 acres of land, more
or less, is commonly known as DCAD Property ID 301899.
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 ("NAA99), 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. Gav'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 (66ETJ") for the term of this 2016 non-annexatian agreement (hereinafter, the 662016
NAA" OT� 66Agreement99), 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 acknawledge 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 ta be recorded in the Real Property Records of Denton
C�unLyy TPXaSy
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. C�s�iiiir��t��,�c��� �C �'l,i �����G�. 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. i���a�lc� ����� �Ia��. 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 accessary 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. CTc�v��°j�in� ���,u��lic���s. 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 Subchapter 15 of the DDC, 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. I��;v�:.lca.�t�����t �'l��t ic� I�en��ait� ii� r���efi. 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. � �t°��:r�����i, I���.����c� �Jc�sc� �i� 1'���ryt�Vc�l��t�i���y �t�i�ex�ii�c�.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Upon expiration, or upon breach or termination of this Agreement for any reason,
the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-
1, or other such other provisions governing voluntary annexation of land as may then exist.
Owners expressly and irrevocably consent to annexation of the Property under such
circumstances. Owners further agree that such annexation by the City shall be deemed
0
voluntary, and not subject to the requirements and procedures for an annexation plan, as required
by Tex. Loc. Gov't Code section 43.052, or successor statute.
Section 6. l�c�t���; ���' ��1�. 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. l�c��c�t-�:lira�. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. ie�ve�•�lailitv. Invalidation of any provision of this Agrzement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. T�..��������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.
Section 10. � l���i� }� i�� l��Yw. 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. C�ee.r�tic��� i�� M��lti�ale �����i��. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. 'C"��•aa� c�t7cl__�xt����;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-1, 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
5
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. ��r��viv�a ��f" �'s���z��nt�. The covenants in Sections 2 and 4 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
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COUNTY OF DENTON
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APPROVED AS TO LEGAL FORM:
ANITA BIJI�.���fi�, CITY ATTOI��C�'
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BY: � ,� �' �`��._m� �, w�.�� ��-�W,=
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�fi�er r���rtlir�� �_•�tt�r�� �c�:
Jennffer Walters
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VG-19-2016-1 A�FS2��
Recorded On: November 23, 2016 10:41 AM
Total Recording: $58.00
Denton County
Juli Luke
County Clerk
Instrument Number: 148235
Real Property Recordings
AGREEMENT
Number of Pages: 9
" 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:
148235
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