20-2077Denton County
Juli Luke
County Clerk
Instrument Number: 209257
Real Property Recordings
ORDINANCE
Recorded On: December 21, 2020 02:47 PM
Number of Pages: 6X2.
" Examined and Charged as Follows: "
Total Recording: $266.00
*********** 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:
Recorded Date/Time
User:
Station:
209257
20201218000655
December 21, 2020 02:47 PM
Patty M
Station 5
Record and Return To:
CITY OF DENTON
ATTN:CITY SECRETARY
215 E MCKINNEY ST
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
S:\Lega(\Our Documents\Ordinances\20\NAA Ordinances\DH-9 - 2020 Ordinance Accepting Non -Annexation Agreements - 20 Yr Term.Doc
ORDINANCE NO. 20-2077
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR ACCEPTANCE
OF ELIGIBLE NON -ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE
MANAGEMENT OR TIMBERLAND USE PROPERTIES WITHIN AN AREA OF LAND
ADJACENT TO AND ABUTTING THE EXISTING CITY LIMITS OF THE CITY OF
DENTON, TEXAS, GENERALLY IDENTIFIED AS DH -9, CONSISTING OF
APPROXIMATELY 298 ACRES OF LAND LOCATED NORTH OF POCKRUS PAGE
ROAD, NORTH, SOUTH AND NORTHEAST OF EDWARDS ROAD, AND MORE
SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 2013, the City annexed portions of the area known as DH -9, identified in
the annexation plan on April 6, 2010, which is an area of land that abuts and is adjacent to the
existing corporate limits of the City of Denton, Texas, and is more particularly described in
Exhibit A and generally depicted in the map attached as Exhibit B, both of which are attached
hereto and incorporated herein; and
WHEREAS, Section 43.016 of the Tex. Loc. Gov't Code requires the City to make offers
of non -annexation agreements to the owners of all properties which have been appraised for ad
valorem tax purposes as land for agricultural, wildlife management or timberland within the area
to be annexed; and
WHEREAS, under a non -annexation agreement pursuant to Sections 43.016 and 212.172
of the Tex. Loc. Gov't Code, the land subject to the agreement retains its extraterritorial status
and the owners of such land must abide by the City's development regulations as if such land
were within the City limits, as provided further in such agreement; and
WHEREAS, the City has previously offered said non -annexation agreement(s) to
owner(s) of eligible property within the subject area, in approximately 2012, and now desires to
offer amended and extended non -annexation agreement(s) to owner(s) of eligible property in the
area for an additional twenty (20) year term in light of the growth of the Denton area, the need to
assure orderly growth, and the inadequate land area currently within the Denton city limits; and
WHEREAS, the owner(s) of some eligible properties within the subject area accepted the
City's offer of amended and extended non -annexation agreement(s); and
WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of
the City of Denton to enter into such non -annexation agreement(s) with eligible property
owner(s) in the subject area, who timely submitted non -annexation agreement(s); NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The City hereby accepts the non -annexation agreement(s) relating to
eligible properties within the subject area identified as DH -9, as described and depicted in
Exhibits A and B, which have been properly executed by the owner(s) of those properties (or that
property) and which have legally sufficient property description(s), are hereby approved by the
City of Denton and are attached hereto and incorporated herein by reference as Exhibit C.
SECTION 3. The City Manager is authorized and directed to sign the non -annexation
agreement(s) contained within Exhibit C for and on behalf of the City of Denton as a ministerial
act, but with an effective date of this Council's action on same. The City Manager shall further
arrange forthwith for the recordation of the non -annexation agreement(s) in the real property
records of Denton County, Texas.
SECTION 4. Should any paragraph, section, sentence, phrase, clause or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
SECTION 5. This Ordinance shall take effect immediately on its passage.
The motion to approve this ordinance was made by 1% e.e, ly C Coq S and
seconded by 70.0 , Me, tint.,, e.0 , the ordinancewpassedMd approved by
the following vote [ -7 - _Q]:
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5: 1Z
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this, the IDkv%day of Q(,-�01 e( , 2020.
0,� ���
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY rr-.
BY:
Page 2 of 3
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: ��x Q � i )
Tj
Page 3 of 3
Legal Description DH -9
ALL those certain lots, tracts or parcels of land lying and being situated in the County of
Denton, State of Texas and presently being wholly surrounded and fully embraced by the
Denton city limit boundaries of record and established by the annexation ordinances as
follows: Ordinance 1983-18, Ordinance 1984-17 (Tracts II & III), Ordinance 1984-97,
Ordinance 1986-129, Ordinance 1986-130, Ordinance 1986-214, Ordinance 1986-218,
Ordinance 1998-256, Ordinance 1999-262, Ordinance 2004-134 (Tract II), and
Ordinance 2004-192; and being more specifically described as follows:
BEGINNING at a point described in Ordinance 86-130, said point being on the north
boundary line of the property described in Ordinance 84-97 and a point in the center of
Swisher Road, said point also being the Point of Beginning of the property described in
Ordinance 86-130;
THENCE North 00° 41' 04" East, 1520.87 feet with the center of Swisher Road to a
point for a corner;
THENCE North 89° 50' 58" East, 1655.56 feet to a point for a corner;
THENCE northerly along the west line of the property described in Ordinance 86-130 to
a point described in Ordinance 98-256, said point being the southeast corner of the
property described in Ordinance 98-256;
THENCE North 86° 23' 49" West, 1632.5 to a point for a corner, said point being the
point of beginning for the property described in Ordinance 98-256;
THENCE North 04° 44' 29" East, 283.1 feet to a pin for a corner;
THENCE North 72° 08' 23" East, 271.89 feet to a point for a corner;
THENCE North 88° 59' 12" East, 526.69 feet to a point for a corner;
THENCE South 86° 21' 22" East, 150.03 feet to a point for a corner;
THENCE South 86° 20' 48" East, 704.84 feet to a point on a corner, said point being the
northeast corner of the property described in Ordinance 98-256 and on the west line of
the property described in Ordinance 86-130;
THENCE northerly along the west line of the property described in Ordinance 86-130,
said point being the northeast corner of the property;
THENCE North 89° 29' 03" East, 1261.48 feet to a point for a corner;
THENCE North 000 40' 16" West, 83.55 feet to a point, said point being the beginning of
a curve described in Ordinance 86-130;
THENCE 552.92 feet along the above referenced curve to a point at the end of the curve;
THENCE North 21° 19'44" East, 698.69 feet to a point for a corner, said point on a line
as described in Ordinance 82-214;
THENCE Westerly along a line described in Ordinance 82-214 to a point for a corner,
said point being US Army Corps of Engineers (USACE) Monument P -238-W;
THENCE along a series of courses and distances as described in Ordinance 82-214 as
follows;
South 82° 18' West, 236.4 feet to USACE Monument P -239-W;
South 69° 35' West, 556.8 feet to USACE Monument P -240-W;
North 38° 59' West, 1140.8 feet to USACE Monument P -241-W;
South 58° 12' West, 672.9 feet to USACE Monument P -242-W;
North 88° 58' West, 547.2 feet to USACE Monument P -243-W;
North 17° 12' West, 341.7 feet to USACE Monument P -244-W;
North 270 41' East, 164.7 feet to USACE Monument P -245-W;
THENCE South 880 58' East to a point of intersection with the property described in
Ordinance 86-129;
THENCE Northwesterly along the middle of Pecan Creek, approximately 1040 feet in a
series of courses and distances as described in Ordinance 86-129 to a point of intersection
with the east boundary of the property described in Ordinance 83-18;
THENCE South 4° 11' 22" West, 744.55 feet to a point for a corner, said point being the
southeast corner of the property described in Ordinance 83-18;
THENCE Westerly approximately 310 feet to a point of intersection with the property
described in Ordinance 2004-192, said point being the northeast corner of said property;
THENCE South 02° 30' 20: West, 598.74 feet to a point for a corner;
THENCE South 86° 34' 09" East, 289.44 feet to a point for a corner;
THENCE South 02° 13' 37" West, 296.76 feet to a point for a corner;
THENCE North 870 35' 54" West, 288.25 feet to a point for a corner;
THENCE South 02° 28' 11" West, 303.97 feet to a point for a corner;
THENCE South 87° 35' 5416' East, 288.25 feet to a point in Swisher Road;
THENCE South along the center of Swisher Road, approximately 678.27 feet to a point
at a corner;
THENCE South 89° 38' 54" West, 2051 feet to a point for a corner;
THENCE North to a point of intersection with the property described in Ordinance 86-
218;
THENCE North 89° 47' 12" West, 40.21 feet to a point for a corner;
THENCE South 04° 19' 30" West, 1507.29 feet to a point for a corner, said point being
the southeast corner of said tract and lying in the center line of Edwards Road and having
an intersection of a northerly line of the property described in Ordinance 99-262;
THENCE Easterly along the centerline of Edwards Road to a point for a corner;
THENCE South 00° 21' 39" East, 1328.19 feet to a point for a corner, said point being
on the north line of the property described in Ordinance 84-17, Tract U;
THENCE Easterly to a point intersecting the east line of the property described in
Ordinance 2004-134, Tract II;
THENCE South 02° 02' 31" West, 724.32 feet to a point for a corner;
THENCE North 87° 02' 50" West, 73.11 feet to a point for a corner;
THENCE South 02° 00' 40" West, 596.16 feet to a point on Pokrus Page Road;
THENCE Easterly to the Point of Beginning, containing approximately 298 acres.
CHAPTERS 43 AND 212 TEXAS LOCAL GOVERNMENT CODE
2020 NON -ANNEXATION AGREEMENT
This AGREEMENT, entered into on the Effective Date, is by and between the CITY OF
DENTON, TEXAS (the "City") and RAUL AND CYNTHIA FLORES ("Owners"), the property
owners of the hereinafter described property (the "Property") in Denton County, Texas:
Being a 2.492 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No.
1330, Denton County, Texas, and being more fully described in that certain Warranty Deed with
Vendor's Lien dated December 7, 2001 from Fredonia Lea Barber and Kim Truelove to Raul
Flores and wife, Cynthia Flores, filed for record on December 11, 2001 and recorded in Volume
4981, Page 4381 of the Real Property Records of Denton County, Texas. Said 2.492 acre tract is
commonly known as DCAD Property ID 239705.
RECITALS
WHEREAS, this Agreement is entered into pursuant to Sections 43.016 and 212.172 of the
Tex. Loc. Gov't Code, in order to address the desires of Owner and the procedures of the City; and
WHEREAS, pursuant to Ch. 43 of the Tex. Loc. Gov't Code, the City had previously given
notice of its intent to institute annexation proceedings in 2010, 2015, and again in 2016 for an
"Annexation Area" that includes the above-described Property which was and is subject to the
provisions of Sec. 43.016 of Tex. Loc. Gov't Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non -
annexation development agreement ("NAA"), as then contemplated by former Section 43.035 (as
previously codified) and current Section 212.172 of Tex. Loc. Gov't Code, in lieu of the City's
annexation in 2010, as well as extensions of said NAA in lieu of the City's annexation in 2015 and
2016 (collectively, "Extended NAAs"), of the Property in the Annexation Area not otherwise
excluded by operation of State law; and
WHEREAS, Sec. 43.016 of the Tex. Loc. Gov't Code authorizes a property owner and a
municipality to enter into an agreement pursuant to Sec. 212.172 of the Tex. Loc. Gov't Code for
purposes of retaining land in the municipality's extraterritorial jurisdiction (ETJ) in exchange for
the property owner's covenant not to develop the property and to authorize the municipality to
apply regulations and development authority 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 Ch. 23 of the Tex. Tax Code, Subchapters 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 Sec. 43.016 of Tex. Loc. Gov't Code, and the Ch.
23 of Tex. Tax Code; and
WHEREAS, the most recent Extended NAA executed by the City and Owners will expire
on August 1, 2020; and
WHEREAS, the City desires to allow the Property to remain in the City's ETJ for the term
of this 2020 non -annexation agreement (hereinafter, the "2020 NAA" or "Agreement"), which
amends and extends the term of the NAA and Extended NAA previously executed by the Parties
for all purposes, until such time as stated herein; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2020 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, upon expiration of the 2020 NAA, Owners shall be deemed to have filed a
petition for voluntary annexation, pursuant to Subch. C-3 of Ch. 43 of the Tex. Loc. Gov't Code,
incorporating the agreed terms and schedule of the Written Agreement for Services, attached
hereto as Exhibit "A"; 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; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement, as hereinafter defined, 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 (the "Development Plan") in satisfaction of Sec. 212.172(b) of
the Tex. Loc. Gov't Code.
2
Section 3. Governing Regulations. The City regulations, including but not limited to the
following, shall apply to any development of the Property, as such regulations may hereafter be
amended from time to time during the term of this Agreement, as hereinafter defined, 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, as amended pursuant to
the Denton Plan 2030, as amended, including but not limited to the Residential Rural
(RR) 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,
Denton Mobility Plan, and other approved Master Plans of the City of Denton, Texas,
as amended and the most recent North Central Texas Council of Governments Standard
Specifications for Public Works Construction, as amended or replaced;
(3) Denton building codes, as adopted by the City and currently contained within Chapters
17, 28, and 29 of the Denton Code of Ordinances and Subchapter 7 in the Denton
Development Code, as amended, along with local amendments, as 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 of Chapter 17, 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, Code of Ordinances, Sections 17-
141 — 196, as amended and as applicable; and
1. Irrigation Systems, Code of Ordinances, Sections 28-441 — 457;
(4) Sign regulations, as contained within Subchapter 33 of the 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 7 and 8 of the Denton Development Code, 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 7 and 8 of the Denton
Development Code, as amended, the Denton Stormwater 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 within Subchapters
2 and 6 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; and
(8) The City states and specifically reserves its authority pursuant to Chapter 251 of the
Tex. Loc. Gov't Code to exercise eminent domain on the Property.
Section 4. Development Plan to Remain in Effect. Following expiration or termination of
this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect
for a period of 180 calendar days thereafter, or until the effective date of the annexation and
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the
City may deny any development application or plan of development that is submitted to the City
for the Property during such period if such application or plan is inconsistent with the Development
Plan. The Owners expressly waive any vested rights that might arise under Sec. 43.002(a)(2) and
Chapter 245 of the Tex. Loc. Gov't Code, local or state law, or by common law, from the submittal
of such inconsistent development application. The Owners further agree that no use commenced
or completed on the Property that is inconsistent with the Development Plan shall be considered
established or in existence prior to the expiration of the 180 -day period during which the
Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Petition for Voluntary Annexation; Service
Plan.
(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, then Sections 1 and 3 of this Agreement shall become null and void and
remedy provisions of Section 5(B) of this Agreement will apply.
(B) UPON EXPIRATION, OR UPON BREACH OR TERMINATION OF THIS
AGREEMENT FOR ANY REASON, OR AT ANY POINT THEREAFTER, THEN IN
ADDITION TO THE CITY'S OTHER REMEDIES, SUCH ACT WILL CONSTITUTE A
PETITION FOR VOLUNTARY ANNEXATION BY THE OWNER, PURSUANT TO SUBCH.
.19
C-3 OF CH. 43 OF THE TEX. LOC. GOV'T CODE AND THE PROPERTY WILL BE SUBJECT
TO ANNEXATION AT THE DISCRETION OF THE CITY COUNCIL. OWNER AGREES
THAT SUCH ANNEXATION IS VOLUNTARILY MADE AND HEREBY CONSENTS TO
ANNEXATION PURSUANT TO SEC. 212.172(B)(7) OF THE TEX. LOC. GOV'T. CODE.
OWNER HEREBY AGREES TO THE CITY'S LIST AND SCHEDULE OF MUNICIPAL
SERVICES SET FORTH IN EXHIBIT "A" BY SIGNING THIS AGREEMENT AND OWNER
AGREES THAT THE 2020 NAA SERVES AS THE WRITTEN AGREEMENT REGARDING
SERVICES, PURSUANT TO SEC. 43.0672 OF THE TEX. LOC. GOV'T CODE. IN THE
EVENT THAT THE WRITTEN AGREEMENT REGARDING SERVICES ARE NO LONGER
REQUIRED BY CH. 43 ON THE DATE OF ANNEXATION, THEN THE MUNICIPAL
SERVICES TO BE PROVIDED TO THE PROPERTY WILL BE IN ACCORDANCE WITH
EXISTING CITY POLICY ON THE DATE OF ANNEXATION, AND AS AMENDED
THEREAFTER. No subsequent change in the law regarding annexation shall affect the
enforceability of this written Agreement or of the City's ability to annex the Property, pursuant to
the terms of this Agreement. This section shall survive any termination of this Agreement.
Section 6. Notice of Sale or Exemption Status Change. 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 provided to
the City 30 days prior to such sale or conveyance, and notice of the change in the exemption status
of the Property shall be provided to the City within 14 days of any change at the following address:
City of Denton, Texas
ATTN: City Manager
215 E. McKinney St.
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment, court
order, legislation, or otherwise shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to the terms of this Agreement.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
5
Section 12. Execution in Multiple Copies. This Agreement may be separately executed in
individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Effective Date; Term and Extension. The Effective Date of the Agreement
shall be the date the Agreement is executed by the City. This Agreement shall terminate on August
1, 2040 ("Term"). The Term may be extended upon mutual agreement of the Parties. Owners and
the City agree that this Agreement is binding upon both the City and Owners, and Owners' heirs,
successors, and assigns for the term of the Agreement. Owners, and all of Owner's heirs,
successors, and assigns shall be deemed to have filed a petition for voluntary annexation before
the end of the Term for annexation of the Property to be completed on or after the end of the Term.
Prior to the end of the Term, the City may commence the voluntary annexation of the Property.
Owner agrees that such annexation shall be voluntary and consents to the annexation pursuant to
Sec. 212.172(b)(7) of Tex. Loc. Gov't Code and Ch. 43, Subch. C-3 of the Tex. Loc. Gov't Code.
Section 14. Survival of Covenants. The covenants in Sections 2, 4, and 5 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
Section 15. OWNERS REPRESENT AND ACKNOWLEDGE THAT EACH AND
EVERY OWNER OF THE PROPERTY HAS SIGNED THIS AGREEMENT, AND
OWNERS COVENANT AND AGREE, JOINTLY AND SEVERALLY, TO INDEMNIFY,
HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL
CLAIMS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE
PROPERTY WHO HAS NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY
FROM THE CITY'S RELIANCE ON THIS AGREEMENT.
Entered into this � day of �,./�teMb , 2020.
OV3-.,/C—
"— cl—jwx-�
2
{{{111111fill
NO 4 -*,O�i
.•''• ''.THE CITY OF DENTO , TEXAS
dO
AP
jt)j�ATTEST: 2 •'••., ••:'�`�.�y
CITmEmi! ��•''••••••'''•� �y ��� Its: City Manager, Deputy City Manager, or
CITTON,� il� 11,{%%'Assistant City Manager
BY:
THE STATE OF TEXAS
COUNTY OF DENTON
This instrumeas acknowledged before me on the 31h day of Sc p-FeAbe,
2020, by 1� A W L N, ,P'
Notary Public, State of Texas
NICOLAS A. GARZA
_Notary Public, State of Texas
Com . mExpires 01-2F 2022
THE STATE OF TEXAS rF n
iq�•�,�� Nolan I., ,1,12,1822------------
COUNTY OF DENTON
This instru ent was cnowledged before me on theg{i day of 5�P feMber ,
2020, by►
Notary Public, State of Texas
NICOLAS A. GARZA
+�O�PPY pUe
ter: �1 .:-,,::Notary Public, State of Texas
9 `�Comm. Expires 01-20-2022
THE STATE OF TEXAS } °''%FOF„�` Notary In 131424822
COUNTY OF DENTON I
This instrument was acknowledged before me on the day of
2020, by
7
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of
2020, by
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This in trumen was acknowledged before me on theme day of 1 , 2020,
by - To �CI k ``Q(Y\Cli n City Manager/Deputy City
Manager/Assistant City Manager, on behalf of the City of Denton, Texas.
KARISA LEIGH RICHARDS
My NWq ID # 131826791
E)Om Dem*W 14, 2422
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
After recording return to:
City of Denton
Attn.: City Secretary
215 E. McKinney St.
Denton, TX 76201
)cc c'K—d(t
Notary Public, State of Texas
EXHIBIT "A"
LIST AND SCHEDULE OF MUNICIPAL SERVICES
(PURSUANT TO TEX. LOC. GOVT. CODE SEC. 43.0672(b)
I. MUNICIPAL SERVICES. Commencing on the effective date of annexation, City will
provide the municipal services set forth below. As used in this Agreement, "providing services"
includes having services available by any method or means by which the City makes such
municipal services available to any other area of the City, including per the City's infrastructure
extension policies, ordinances, and developer or property owner participation in accordance with
applicable city ordinances, rules, regulations, and policies.
A. Police
Police protection from City's Police Department shall be provided to the area annexed at a
level consistent with current methods and procedures presently provided to areas with
similar topography, land use, and population density, on the effective date of the ordinance.
Some of these services include:
Normal patrols and responses;
2. Handling of complaints and incident reports;
Special units, such as traffic enforcement, investigations and special
weapons; and
4. Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of police
services consistent with other areas in the City having similar characteristics of topography,
land use, and population density.
Upon ultimate development, police protection will be provided at a level consistent with
other areas within the city limits having similar characteristics of topography, land use, and
population density.
B. Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention services
to the annexation area. These services include:
1. Fire suppression and rescue;
2. Pre -hospital medical services including triage, treatment and transport by
Advanced Life Support (ALS) fire engines, trucks and ambulances;
3. Hazardous materials response and mitigation;
4. Emergency prevention and public education efforts;
5. Technical rescue response; and
6. Construction Plan Review and required inspections.
A-1
Fire protection from the City of Denton shall be provided to the areas annexed at a level
consistent with current methods and procedures presently provided to areas of the City of
Denton having similar characteristics of topography, land use, and population density, on
the effective date of the ordinance.
As development commences in these areas, sufficient fire protection, including personnel
and equipment will be provided to furnish these areas with the level of services consistent
with other areas having similar characteristics of topography, land use, and population
density. It is anticipated that fire stations planned to serve areas currently within the City
of Denton will be sufficient to serve areas now being considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent with other
areas within the city limits having similar characteristics of topography, land use, and
population density.
C. Emergency Medical Service
The Denton Fire Department (DFD) will provide the following emergency and safety
services to the annexation area. These services include:
1. Emergency medical dispatch and pre -arrival First Aid instructions;
2. Pre -hospital emergency Advanced Life Support (ALS) response; and
transport;
3. Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas
annexed at a level consistent with current methods and procedures presently provided to
areas of the City of Denton having similar characteristics of topography, land use, and
population density, on the effective date of the ordinance.
As development commences in these areas, sufficient EMS, including personnel and
equipment will be provided to furnish these areas with the level of services consistent with
other areas of the City having similar characteristics of topography, land use, and
population density.
Upon ultimate development, EMS will be provided at a level consistent with other within
the city limits having similar characteristics of topography, land use, and population
density.
D. Solid Waste
The City of Denton is the sole provider of solid waste and recycling collection services to
all residents, and sole provider for trash collection service to commercial entities in the
City. Recycling collection services for commercial entities are managed on the open
market, and the City of Denton is one option for service provision. Solid waste and
recycling collection services will be provided to the newly annexed property immediately
upon the effective date of the annexation at a level consistent with current methods and
A-2
procedures presently provided to areas within the city having similar characteristics of
topography, land use, and population density. Customers receiving their existing services
from private solid waste collection service providers operating in the affected area
immediately prior to annexation may continue to utilize provide their existing service for
up to 2 years in accordance with Texas Local Government Code. Should that private
service end prior to the expiration of the two (2) year term, the customer must initiate solid
waste and recycling services with the City of Denton, pursuant to Chapter 24 of the Code
of Ordinances.
E. Wastewater Facilities
The proposed annexation area is located within the City of Denton Sewer Service Area as
defined by Certificate of Convenience and Necessity (CCN) Number 20072, as issued by
the Texas Commission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mains will be extended in
accordance with the provisions of the Denton Development Code, Water/Wastewater
Criteria Manual, ordinances and regulations. City participation in the costs of these
extensions shall be in accordance with applicable City ordinances and regulations.
Capacity shall be provided consistent with other areas having similar characteristics of
topography, land use, and population density.
Upon annexation, sanitary sewer mains and lift stations which are located within dedicated
easements, rights-of-way, or any other acceptable locations approved by the City Engineer,
shall be maintained by the City on the effective date of this ordinance, if installed or
improved to City standards within the annexed areas.
Operation and maintenance of wastewater facilities and infrastructure lying within the
service area of another water utility will be the responsibility of that utility. Similarly,
operation and maintenance of private wastewater facilities will be the responsibility of the
private property owner.
F. Water Facilities
The annexation area is located within the City of Denton Water Service Area as defined by
Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas
Commission on Environmental Quality (TCEQ).
Connections to existing City of Denton water distribution mains for water service will be
provided in accordance with the Denton Development Code, associated Water/Waste
Water Criteria Manual, and existing City ordinances and policies. Upon connection to
existing distribution mains, water service will be provided at rates established by city
ordinance.
As new development occurs within these areas, extensions of water distribution mains and
cost participation shall be in accordance with the Denton Development Code,
Water/Wastewater Criteria Manual, and with existing City ordinances and policies. Water
A-3
service capacity shall be provided consistent with service to areas of the City having similar
characteristics of topography, land use and population density.
Operation and maintenance of water facilities and infrastructure that lie within the service
area of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or private
water systems will be allowed to remain on those systems until a request for water service
is made to the City. These requests for service will be handled in accordance with the
applicable utility service line extension and connection policies currently in place at the
time the request for service is received.
G. Roads and Streets
Emergency street maintenance, defined as repairs necessary to prevent imminent damage
or injury to the health or safety of the public or any person, as determined by the Director
of Public Works, shall be provided within the annexation area upon the effective date of
the annexation ordinance. Routine maintenance will be provided within the annexation
areas and will be scheduled as part of the City's annual program, in accordance with the
current policies and procedures defined by ordinance, or otherwise established by the City
Council.
Any construction or reconstruction will be considered within the annexation area on a
Citywide basis and within the context of the City's Capital Improvement Plan and/or yearly
fiscal budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance starting
with regulatory signs, then warning signs, then informational signs, in conformance with
fiscal allotments by the City Council. If an existing sign remains, it will be reviewed and
placed on the City's inventory listing for routine replacement, based upon an engineering
study. New signs will be installed when necessary, based upon an engineering study.
Routine maintenance of road/street markings will be evaluated and scheduled within the
yearly budgetary allotments by the City Council.
H. Drainage
Connections to existing City of Denton drainage facilities will be provided in accordance
with the Denton Development Code, associated Stormwater Criteria Manual, and with
existing City ordinances and policies. Drainage fees will be assessed at the rates
established by city ordinance and will be charged on the utility bill after annexation. All
runoff, whether directly tied into the system or not, impacts the system and will be charged.
As new development occurs within these areas, drainage facilities will be extended or
improved by the developer. Any cost participation shall be in accordance with the Denton
Development Code, Stormwater Criteria Manual, and with existing City ordinances and
policies. Drainage facilities extended by the City will have to be a CIP project and bonds
A-4
will need to be sold. Drainage capacity shall be provided consistent with other areas of the
City having similar characteristics of topography, land use and population density.
Existing developments, businesses or homes that are on existing drainage systems will be
allowed to continue to remain on these systems until a request for drainage facilities is
made to the City. Any requests for City improvements to existing drainage facilities will
be handled in accordance with the applicable extension and connection policies currently
in place at the time the request for improved drainage facilities is received by the City.
These will be ranked in the CIP project matrix, in accordance with the City Drainage Plan.
I. Parks, Playgrounds, Swimming Pools
Residents of the annexed area may utilize all existing park and recreation facilities as of
the effective date of this ordinance. Fees for such usage shall be in accordance with current
fees established by ordinance.
As development commences in this area, additional park and recreation facilities shall be
constructed based on park policies defined in the Park Master Plan and other existing City
ordinances and policies.
Publicly Owned Facilities. Any publicly owned facility, building, or service located
within the annexed area, and not otherwise owned or maintained by another governmental
entity, shall be maintained by the City of Denton on the effective date of the annexation
ordinance.
K. Permitting and Inspections. Permitting and Inspections shall be obtained through the
City of Denton, as outlined in the Code of Ordinances.
L. Other Services. Other services that may be provided by the City of Denton, such as
municipal and general administration, will be made available as of the effective date of the
annexation. The City of Denton shall provide a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the City of Denton having similar
topography, land use, and population density similar to those reasonably contemplated or
projected in the area.
II. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this Agreement shall require City to provide a uniform level of full municipal services
to each area of the City, including the annexed area, if different characteristics of topography, land
use, and population density justify different levels of service.
A-5
CHAPTERS 43 AND 212 TEXAS LOCAL GOVERNMENT CODE
2020 NON -ANNEXATION AGREEMENT
This AGREEMENT, entered into on the Effective Date, is by and between the CITY OF
DENTON, TEXAS (the "City") and RAY AND JUDY GRIMES ("Owners"), the property owners
of the hereinafter described property (the "Property") in Denton County, Texas:
Being a 1.06358 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract
No. 1330, Denton County, Texas, and being more fully described in that certain General Warranty
Deed dated November 29, 2006 from the Estate of Bonnie Epps Coonrod, Deceased to Ray Grimes
and Judy Grimes, filed for record on December 6, 2006 and recorded in Instrument No. 2006-
147878 of the Real Property Records of Denton County, Texas. Said 1.06358 acre tract is
commonly known as DCAD Property ID 76954.
Being a 1.00 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No.
1330, Denton County, Texas, and being more fully described in that certain General Warranty
Deed dated June 28, 1999 from Ronald Grimes to Raymond Lee Grimes and Judith Mae Grimes,
filed for record on July 1, 1999 and recorded in Volume 4372, Page 3163 of the Real Property
Records of Denton County, Texas. Said 1.00 acre tract is commonly known as DCAD Property
ID 164546.
Being a 105.087 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract
No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed
with Vendor's Lien dated November 23, 1983 from Wesley G. Stewart to Raymond Lee Grimes
and wife, Judith Mae Grimes, filed for record on November 30, 1983 and recorded in Volume
1300, Page 340 and corrected in Volume 1411, Page 654 of the Real Property Records of Denton
County, Texas, SAVE AND EXCEPT the following eight (8) tracts:
A. A 1.00 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No.
1330, Denton County, Texas, and being more fully described in that certain Warranty Deed dated
April 12, 1984 from Raymond Lee Grimes and wife, Judith Mae Grimes to Greg McDaniel and
wife, Janet McDaniel, filed for record on May 3, 1984 and recorded in Volume 1394, Page 678 of
the Real Property Records of Denton County, Texas. Said 1.00 acre tract of land is commonly
known as DCAD Property ID 113104.
B. A 1.00 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No.
1330, Denton County, Texas, and being more fully described in that certain Warranty Deed dated
April 12, 1984 from Raymond Lee Grimes and Judith Mae Grimes to Billy Bob Ellison, Jr. and
wife, Connie R. Ellison, filed for record on May 3, 1984 and recorded in Volume 1394, Page 685
of the Real Property Records of Denton County, Texas. Said 1.00 acre tract of land is commonly
known as DCAD Property ID 113102.
C. A 1.00 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No.
1330, Denton County, Texas, and being more fully described in that certain Warranty Deed dated
May 4, 1984 from Raymond Lee Grimes and Judith Mae Grimes to John E. Adelmann and wife,
Linda J. Adelmann, filed for record on September 7, 1984 and recorded in Volume 1480, Page 70
IN
of the Real Property Records of Denton County, Texas. Said 1.00 acre tract of land is commonly
known as DCAD Property ID 113100.
D. A 13.380 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No.
1330, Denton County, Texas, and being more fully described in that certain General Warranty
Deed dated March 28, 1986 from Raymond Lee Grimes and wife, Judith Mae Grimes to RMB
Land Co., Ltd., filed for record on April 1, 1986 and recorded in Volume 1851, Page 928 of the
Real Property Records of Denton County, Texas. Said 13.380 acre tract of land is commonly
known as DCAD Property ID 13139.
E. A 4.366 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No.
1330, Denton County, Texas, and being more fully described in that certain Correction General
Warranty Deed dated June 12, 1998 from Raymond Lee Grimes and Judith Mae Grimes to the
City of Denton, filed for record on July 27, 1998 and recorded in Volume 4140, Page 2055 of the
Real Property Records of Denton County, Texas. Said 4.366 acre tract of land is commonly known
as DCAD Property ID 199391 and DCAD Property ID 38465.
F. Being a 10.100 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract
No. 1330, Denton County, Texas, and being more fully described in that certain Warranty Deed
with Vendor's Lien dated September 21, 2005 from Raymond Lee Grimes and wife, Judith Mae
Grimes to John R. Polster and wife, Lisa K. Polster, filed for record on October 5, 2005 and
recorded in Instrument No. 2005-123913 of the Real Property Records of Denton County, Texas;
now known as Lot 1, Block 1 of Polster Addition, an Addition to the E.T.J. of the City of Denton,
filed for record on March 7, 2011 and recorded in Instrument Number 2011-42 of the Plat Records
of Denton County, Texas. Said 10.100 acre tract is commonly known as DCAD Property ID
306410.
G. A 10.10 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No.
1330, Denton County, Texas, and being more fully described in that certain Warranty Deed with
Vendor's Lien dated September 28, 2007 from Raymond L. Grimes and Judith Mae Grimes to
John R. Polster and Lisa Polster, husband and wife, filed for record on October 3, 2007 and
recorded in Instrument No. 2007-117718 of the Real Property Records of Denton County, Texas.
Said 10.10 acre tract of land is commonly known as DCAD Property ID 524157.
H. Being a 1.00 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract
No. 1330, Denton County, Texas, and being more fully described in that certain General Warranty
Deed dated June 28, 1999 from Ronald Grimes to Raymond Lee Grimes and Judith Mae Grimes,
filed for record on July 1, 1999 and recorded in Volume 4372, Page 3163 of the Real Property
Records of Denton County, Texas. Said 1.00 acre tract is commonly known as DCAD Property
ID 164546.
Commonly known as DCAD Property ID 100087 (Note, called a 66.313 acre tract -by DCAD).
2
A
RECITALS
WHEREAS, this Agreement is entered into pursuant to Sections 43.016 and 212.172 of the
Tex. Loc. Gov't Code, in order to address the desires of Owner and the procedures of the City; and
WHEREAS, pursuant to Ch. 43 of the Tex. Loc. Gov't Code, the City had previously given
notice of its intent to institute annexation proceedings in 2010, 2015, and again in 2016 for an
"Annexation Area" that includes the above-described Property which was and is subject to the
provisions of Sec. 43.016 of Tex. Loc. Gov't Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non -
annexation development agreement ("NAA"), as then contemplated by former Section 43.035 (as
previously codified) and current Section 212.172 of Tex. Loc. Gov't Code, in lieu of the City's
annexation in 2010, as well as extensions of said NAA in lieu of the City's annexation in 2015 and
2016 (collectively, "Extended NAAs"), of the Property in the Annexation Area not otherwise
excluded by operation of State law; and
WHEREAS, Sec. 43.016 of the Tex. Loc. Gov't Code authorizes a property owner and a
municipality to enter into an agreement pursuant to Sec. 212.172 of the Tex. Loc. Gov't Code for
purposes of retaining land in the municipality's extraterritorial jurisdiction (ETJ) in exchange for
the property owner's covenant not to develop the property and to authorize the municipality to
apply regulations and development authority 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 Ch. 23 of the Tex. Tax Code, Subchapters 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 Sec. 43.016 of Tex. Loc. Gov't Code, and the Ch.
23 of Tex. Tax Code; and
WHEREAS, the most recent Extended NAA executed by the City and Owners will expire
on August 1, 2020; and
WHEREAS, the City desires to allow the Property to remain in the City's ETJ for the term
of this 2020 non -annexation agreement (hereinafter, the "2020 NAA" or "Agreement"), which
amends and extends the term of the NAA and Extended NAA previously executed by the Parties
for all purposes, until such time as stated herein; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2020 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, upon expiration of the 2020 NAA, Owners shall be deemed to have filed a
petition for voluntary annexation, pursuant to Subch. C-3 of Ch. 43 of the Tex. Loc. Gov't Code,
incorporating the agreed terms and schedule of the Written Agreement for Services, attached
hereto as Exhibit "A"; 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; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement, as hereinafter defined, 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 (the "Development Plan") in satisfaction of Sec. 212.172(b) of
the Tex. Loc. Gov't Code.
Section 3. Governing Regulations. The City regulations, including but not limited to the
following, shall apply to any development of the Property, as such regulations may hereafter be
amended from time to time during the term of this Agreement, as hereinafter defined, 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, as amended pursuant to
the Denton Plan 2030, as amended, including but not limited to the Residential Rural
(RR) 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,
Denton Mobility Plan, and other approved Master Plans of the City of Denton, Texas,
as amended and the most recent North Central Texas Council of Governments Standard
Specifications for Public Works Construction, as amended or replaced;
4 �p
(3) Denton building codes, as adopted by the City and currently contained within Chapters
17, 28, and 29 of the Denton Code of Ordinances and Subchapter 7 in the Denton
Development Code, as amended, along with local amendments, as 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 of Chapter 17, 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, Code of Ordinances, Sections 17-
141 — 196, as amended and as applicable; and
1. Irrigation Systems, Code of Ordinances, Sections 28-441 — 457;
(4) Sign regulations, as contained within Subchapter 33 of the 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 7 and 8 of the Denton Development Code, 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 7 and 8 of the Denton
Development Code, as amended, the Denton Stormwater 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 within Subchapters
2 and 6 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; and
(8) The City states and specifically reserves its authority pursuant to Chapter 251 of the
Tex. Loc. Gov't Code to exercise eminent domain on the Property.
Section 4. Development Plan to Remain in Effect. Following expiration or termination of
this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect
for a period of 180 calendar days thereafter, or until the effective date of the annexation and
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the
City may deny any development application or plan of development that is submitted to the City
for the Property during such period if such application or plan is inconsistent with the Development
Plan. The Owners expressly waive any vested rights that might arise under Sec. 43.002(a)(2) and
Chapter 245 of the Tex. Loc. Gov't Code, local or state law, or by common law, from the submittal
of such inconsistent development. application. The Owners further agree that no use commenced
or completed on the Property that is inconsistent with the Development Plan shall be considered
established or in existence prior to the expiration of the 180 -day period during which the
Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Petition for Voluntary Annexation; Service
Plan.
(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, then Sections 1 and 3 of this Agreement shall become null and void and
remedy provisions of Section 5(B) of this Agreement will apply.
(B) UPON EXPIRATION, OR UPON BREACH OR TERMINATION OF THIS
AGREEMENT FOR ANY REASON, OR AT ANY POINT THEREAFTER, THEN IN
ADDITION TO THE CITY'S OTHER REMEDIES, SUCH ACT WILL CONSTITUTE A
PETITION FOR VOLUNTARY ANNEXATION BY THE OWNER, PURSUANT TO SUBCH.
C-3 OF CH. 43 OF THE TEX. LOC. GOV'T CODE AND THE PROPERTY WILL BE SUBJECT
TO ANNEXATION AT THE DISCRETION OF THE CITY COUNCIL. OWNER AGREES
THAT SUCH ANNEXATION IS VOLUNTARILY MADE AND HEREBY CONSENTS TO
ANNEXATION PURSUANT TO SEC. 212.172(B)(7) OF THE TEX. LOC. GOV'T. CODE.
OWNER HEREBY AGREES TO THE CITY'S LIST AND SCHEDULE OF MUNICIPAL
SERVICES SET FORTH IN EXHIBIT "A" BY SIGNING THIS AGREEMENT AND OWNER
AGREES THAT THE 2020 NAA SERVES AS THE WRITTEN AGREEMENT REGARDING
SERVICES, PURSUANT TO SEC. 43.0672 OF THE TEX. LOC. GOV'T CODE. IN THE
EVENT THAT THE WRITTEN AGREEMENT REGARDING SERVICES ARE NO LONGER
REQUIRED BY CH. 43 ON THE DATE OF ANNEXATION, THEN THE MUNICIPAL
SERVICES TO BE PROVIDED TO THE PROPERTY WILL BE IN ACCORDANCE WITH
EXISTING CITY POLICY ON THE DATE OF ANNEXATION, AND AS AMENDED
THEREAFTER. No subsequent change in the law regarding annexation shall affect the
enforceability of this written Agreement or of the City's ability to annex the Property, pursuant to
the terms of this Agreement. This section shall survive any termination of this Agreement.
Section 6. Notice of Sale or Exemption Status Change. 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 provided to
6 JY
the City 30 days prior to such sale or conveyance, and notice of the change in the exemption status
of the Property shall be provided to the City within 14 days of any change at the following address:
City of Denton, Texas
ATTN: City Manager
215 E. McKinney St.
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment, court
order, legislation, or otherwise shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to the terms of this Agreement.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed in
individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Effective Date; Term and Extension. The Effective Date of the Agreement
shall be the date the Agreement is executed by the City. This Agreement shall terminate on August
1, 2040 ("Term"). The Term may be extended upon mutual agreement of the Parties. Owners and
the City agree that this Agreement is binding upon both the City and Owners, and Owners' heirs,
successors, and assigns for the term of the Agreement. Owners, and all of Owner's heirs,
successors, and assigns shall be deemed to have filed a petition for voluntary annexation before
the end of the Term for annexation of the Property to be completed on or after the end of the Term.
Prior to the end of the Term, the City may commence the voluntary annexation of the Property.
Owner agrees that such annexation shall be voluntary and consents to the annexation pursuant to
Sec. 212.172(b)(7) of Tex. Loc. Gov't Code and Ch. 43, Subch. C-3 of the Tex. Loc. Gov't Code.
Section 14. Survival of Covenants. The covenants in Sections 2, 4, and 5 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
Section 15. OWNERS REPRESENT AND ACKNOWLEDGE THAT EACH AND
EVERY OWNER OF THE PROPERTY HAS SIGNED THIS AGREEMENT, AND
In
OWNERS COVENANT AND AGREE, JOINTLY AND SEVERALLY, TO INDEMNIFY,
HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL
CLAIMS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE
PROPERTY WHO HAS NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY
FROM THE CITY'S RELIANCE ON THIS AGREEMENT.
Entered into this 3C;*day of S�%e.r►� 2020.
0 F "D
s
CO
ATTEST: �0 iso ���•
CITY SECRETARY
CITY OF NTON, XAS
RV•
THE STATE OF TEXAS
COUNTY OF DEN -TON
`ir4 a,3
OWNERS
�ti�-c-GaS,c �C
THE CITY OF DENTON, EXAS
By:
Its: City City Manager, Deputy City Manager, or
Assistant City Manager
This instrument was acknowledged before me on t day of Se�be-f ,
2020, by Liy1da e0ni-a.Ocl
PY
`y CARRIE SIETSEMA
PV6'� Notary Public, State of Texas
__:' A '•.;,Notary Public, State of Texas
'Q= Comm. Expires 03-19-2023
Notary ID 130159638
8
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the day of
2020, by
Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the day of
2020, by
Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
This instrument was acknowledged before me on the day of
2020, by
THE STATE OF TEXAS }
Notary Public, State of Texas
9
COUNTY OF DENTON
Thi qnt was acknowledged before me on the als+ day of , 2020,
by "W1�1 �0- Mc,n , City Manager/Deputy City
Manager/Assistant City Manager, on behalf of the City of Denton, Texas.
KARISA LEIGH RICHARDS
My Notary ID # 131826791
Fires December 14, 2022
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: '/a 1 0
0
After recording return to:
City of Denton
Attn.: City Secretary
215 E. McKinney St.
Denton, TX 76201
YCit:3AC�c hd
Notary Public, State of Texas
10
EXHIBIT "A"
LIST AND SCHEDULE OF MUNICIPAL SERVICES
(PURSUANT TO TEX. LOC. GOVT. CODE SEC. 43.0672(b)
I. MUNICIPAL SERVICES. Commencing on the effective date of annexation, City will
provide the municipal services set forth below. As used in this Agreement, "providing services"
includes having services available by any method or means by which the City makes such
municipal services available to any other area of the City, including per the City's infrastructure
extension policies, ordinances, and developer or property owner participation in accordance with
applicable city ordinances, rules, regulations, and policies.
A. Police
Police protection from City's Police Department shall be provided to the area annexed at a
level consistent with current methods and procedures presently provided to areas with
similar topography, land use, and population density, on the effective date of the ordinance.
Some of these services include:
Normal patrols and responses;
2. Handling of complaints and incident reports;
3. Special units, such as traffic enforcement, investigations and special
weapons; and
4. Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of police
services consistent with other areas in the City having similar characteristics of topography,
land use, and population density.
Upon ultimate development, police protection will be provided at a level consistent with
other areas within the city limits having similar characteristics of topography, land use, and
population density.
B. Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention services
to the annexation area. These services include:
1. Fire suppression and rescue;
2. Pre -hospital medical services including triage, treatment and transport by
Advanced Life Support (ALS) fire engines, trucks and ambulances;
3. Hazardous materials response and mitigation;
4. Emergency prevention and public education efforts;
5. Technical rescue response; and
6. Construction Plan Review and required inspections.
A-1
Fire protection from the City of Denton shall be provided to the areas annexed at a level
consistent with current methods and procedures presently provided to areas of the City of
Denton having similar characteristics of topography, land use, and population density, on
the effective date of the ordinance.
As development commences in these areas, sufficient fire protection, including personnel
and equipment will be provided to furnish these areas with the level of services consistent
with other areas having similar characteristics of topography, land use, and population
density. It is anticipated that fire stations planned to serve areas currently within the City
of Denton will be sufficient to serve areas now being considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent with other
areas within the city limits having similar characteristics of topography, land use, and
population density.
C. Emergency Medical Service
The Denton Fire Department (DFD) will provide the following emergency and safety
services to the annexation area. These services include:
1. Emergency medical dispatch and pre -arrival First Aid instructions;
2. Pre -hospital emergency Advanced Life Support (ALS) response; and
transport;
3. Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas
annexed at a level consistent with current methods and procedures presently provided to
areas of the City of Denton having similar characteristics of topography, land use, and
population density, on the effective date of the ordinance.
As development commences in these areas, sufficient EMS, including personnel and
equipment will be provided to furnish these areas with the level of services consistent with
other areas of the City having similar characteristics of topography, land use, and
population density.
Upon ultimate development, EMS will be provided at a level consistent with other within
the city limits having similar characteristics of topography, land use, and population
density.
D. Solid Waste
The City of Denton is the sole provider of solid waste and recycling collection services to
all residents, and sole provider for trash collection service to commercial entities in the
City. Recycling collection services for commercial entities are managed on the open
market, and the City of Denton is one option for service provision. Solid waste and
recycling collection services will be provided to the newly annexed property immediately
upon the effective date of the annexation at a level consistent with current methods and
A-2
V'
procedures presently provided to areas within the city having similar characteristics of
topography, land use, and population density. Customers receiving their existing services
from private solid waste collection service providers operating in the affected area
immediately prior to annexation may continue to utilize provide their existing service for
up to 2 years in accordance with Texas Local Government Code. Should that private
service end prior to the expiration of the two (2) year term, the customer must initiate solid
waste and recycling services with the City of Denton, pursuant to Chapter 24 of the Code
of Ordinances.
E. Wastewater Facilities
The proposed annexation area is located within the City of Denton Sewer Service Area as
defined by Certificate of Convenience and Necessity (CCN) Number 20072, as issued by
the Texas Commission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mains will be extended in
accordance with the provisions of the Denton Development Code, Water/Wastewater
Criteria Manual, ordinances and regulations. City participation in the costs of these
extensions shall be in accordance with applicable City ordinances and regulations.
Capacity shall be provided consistent with other areas having similar characteristics of
topography, land use, and population density.
Upon annexation, sanitary sewer mains and lift stations which are located within dedicated
easements, rights-of-way, or any other acceptable locations approved by the City Engineer,
shall be maintained by the City on the effective date of this ordinance, if installed or
improved to City standards within the annexed areas.
Operation and maintenance of wastewater facilities and infrastructure lying within the
service area of another water utility will be the responsibility of that utility. Similarly,
operation and maintenance of private wastewater facilities will be the responsibility of the
private property owner.
F. Water Facilities
The annexation area is located within the City of Denton Water Service Area as defined by
Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas
Commission on Environmental Quality (TCEQ).
Connections to existing City of Denton water distribution mains for water service will be
provided in accordance with the Denton Development Code, associated Water/Waste
Water Criteria Manual, and existing City ordinances and policies. Upon connection to
existing distribution mains, water service will be provided at rates established by city
ordinance.
As new development occurs within these areas, extensions of water distribution mains and
cost participation shall be in accordance with the Denton Development Code,
Water/Wastewater Criteria Manual, and with existing City ordinances and policies. Water
A-3
service capacity shall be provided consistent with service to areas of the City having similar
characteristics of topography, land use and population density.
Operation and maintenance of water facilities and infrastructure that lie within the service
area of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or private
water systems will be allowed to remain on those systems until a request for water service
is made to the City. These requests for service will be handled in accordance with the
applicable utility service line extension and connection policies currently in place at the
time the request for service is received.
G. Roads and Streets
Emergency street maintenance, defined as repairs necessary to prevent imminent damage
or injury to the health or safety of the public or any person, as determined by the Director
of Public Works, shall be provided within the annexation area upon the effective date of
the annexation ordinance. Routine maintenance will be provided within the annexation
areas and will be scheduled as part of the City's annual program, in accordance with the
current policies and procedures defined by ordinance, or otherwise established by the City
Council.
Any construction or reconstruction will be considered within the annexation area on a
Citywide basis and within the context of the City's Capital Improvement Plan and/or yearly
fiscal budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance starting
with regulatory signs, then warning signs, then informational signs, in conformance with
fiscal allotments by the City Council. If an existing sign remains, it will be reviewed and
placed on the City's inventory listing for routine replacement, based upon an engineering
study. New signs will be installed when necessary, based upon an engineering study.
Routine maintenance of road/street markings will be evaluated and scheduled within the
yearly budgetary allotments by the City Council.
H. Drainage
Connections to existing City of Denton drainage facilities will be provided in accordance
with the Denton Development Code, associated Stormwater Criteria Manual, and with
existing City ordinances and policies. Drainage fees will be assessed at the rates
established by city ordinance and will be charged on the utility bill after annexation. All
runoff, whether directly tied into the system or not, impacts the system and will be charged.
As new development occurs within these areas, drainage facilities will be extended or
improved by the developer. Any cost participation shall be in accordance with the Denton
Development Code, Stormwater Criteria Manual, and with existing City ordinances and
policies. Drainage facilities extended by the City will have to be a CIP project and bonds
A-4
will need to be sold. Drainage capacity shall be provided consistent with other areas of the
City having similar characteristics of topography, land use and population density.
Existing developments, businesses or homes that are on existing drainage systems will be
allowed to continue to remain on these systems until a request for drainage facilities is
made to the City. Any requests for City improvements to existing drainage facilities will
be handled in accordance with the applicable extension and connection policies currently
in place at the time the request for improved drainage facilities is received by the City.
These will be ranked in the CIP project matrix, in accordance with the City Drainage Plan.
I. Parks, Playgrounds, Swimming Pools
Residents of the annexed area may utilize all existing park and recreation facilities as of
the effective date of this ordinance. Fees for such usage shall be in accordance with current
fees established by ordinance.
As development commences in this area, additional park and recreation facilities shall be
constructed based on park policies defined in the Park Master Plan and other existing City
ordinances and policies.
Publicly Owned Facilities. Any publicly owned facility, building, or service located
within the annexed area, and not otherwise owned or maintained by another governmental
entity, shall be maintained by the City of Denton on the effective date of the annexation
ordinance.
K. Permitting and Inspections. Permitting and Inspections shall be obtained through the
City of Denton, as outlined in the Code of Ordinances.
L. Other Services. Other services that may be provided by the City of Denton, such as
municipal and general administration, will be made available as of the effective date of the
annexation. The City of Denton shall provide a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the City of Denton having similar
topography, land use, and population density similar to those reasonably contemplated or
projected in the area.
II. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this Agreement shall require City to provide a uniform level of full municipal services
to each area of the City, including the annexed area, if different characteristics of topography, land
use, and population density justify different levels of service.
A-5 1'
CHAPTERS 43 AND 212 TEXAS LOCAL GOVERNMENT CODE
2020 NON -ANNEXATION AGREEMENT
This AGREEMENT, entered into on the Effective Date, is by and between the CITY OF
DENTON, TEXAS (the "City") and GUY WADE WILLIS ("Owners"), the property owners of
the hereinafter described property (the "Property") in Denton County, Texas:
Being a 24.58 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No.
1330, Denton County, Texas, and being more fully described in that certain Warranty Deed dated
May 2, 1979 from Charles L. Muirhead, Jr. to Guy Wade Willis, filed for record on May 2, 1979
and recorded in Volume 950, Page 492 of the Real Property Records of Denton County, Texas,
SAVE AND EXCEPT that portion lying within the existing city limits, leaving a called 14.94 acre
tract of land that is commonly known as DCAD Property ID 38580.
RECITALS
WHEREAS, this Agreement is entered into pursuant to Sections 43.016 and 212.172 of the
Tex. Loc. Gov't Code, in order to address the desires of Owner and the procedures of the City; and
WHEREAS, pursuant to Ch. 43 of the Tex. Loc. Gov't Code, the City had previously given
notice of its intent to institute annexation proceedings in 2010, 2015, and again in 2016 for an
"Annexation Area" that includes the above-described Property which was and is subject to the
provisions of Sec. 43.016 of Tex. Loc. Gov't Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non -
annexation development agreement ("NAA"), as then contemplated by former Section 43.035 (as
previously codified) and current Section 212.172 of Tex. Loc. Gov't Code, in lieu of the City's
annexation in 2010, as well as extensions of said NAA in lieu of the City's annexation in 2015 and
2016 (collectively, "Extended NAAs"), of the Property in the Annexation Area not otherwise
excluded by operation of State law; and
WHEREAS, Sec. 43.016 of the Tex. Loc. Gov't Code authorizes a property owner and a
municipality to enter into an agreement pursuant to Sec. 212.172 of the Tex. Loc. Gov't Code for
purposes of retaining land in the municipality's extraterritorial jurisdiction (ETJ) in exchange for
the property owner's covenant not to develop the property and to authorize the municipality to
apply regulations and development authority 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 Ch. 23 of the Tex. Tax Code, Subchapters 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 Sec. 43.016 of Tex. Loc. Gov't Code, and the Ch.
23 of Tex. Tax Code; and
WHEREAS, the most recent Extended NAA executed by the City and Owners will expire
on August 1, 2020; and
WHEREAS, the City desires to allow the Property to remain in the City's ETJ for the term
of this 2020 non -annexation agreement (hereinafter, the "2020 NAA" or "Agreement"), which
amends and extends the term of the NAA and Extended NAA previously executed by the Parties
for all purposes, until such time as stated herein; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2020 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, upon expiration of the 2020 NAA, Owners shall be deemed to have filed a
petition for voluntary annexation, pursuant to Subch. C-3 of Ch. 43 of the Tex. Loc. Gov't Code,
incorporating the agreed terms and schedule of the Written Agreement for Services, attached
hereto as Exhibit "A"; 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; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement, as hereinafter defined, 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 (the "Development Plan") in satisfaction of Sec. 212.172(b) of
the Tex. Loc. Gov't Code.
11
Section 3. Governing Regulations. The City regulations, including but not limited to the
following, shall apply to any development of the Property, as such regulations may hereafter be
amended from time to time during the term of this Agreement, as hereinafter defined, 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, as amended pursuant to
the Denton Plan 2030, as amended, including but not limited to the Residential Rural
(RR) 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,
Denton Mobility Plan, and other approved Master Plans of the City of Denton, Texas,
as amended and the most recent North Central Texas Council of Governments Standard
Specifications for Public Works Construction, as amended or replaced;
(3) Denton building codes, as adopted by the City and currently contained within Chapters
17, 28, and 29 of the Denton Code of Ordinances and Subchapter 7 in the Denton
Development Code, as amended, along with local amendments, as 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;
£ International Mechanical Code, 2012 Edition with local amendments
g. Code of Ordinances of Chapter 17, 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, Code of Ordinances, Sections 17-
141 — 196, as amended and as applicable; and
1. Irrigation Systems, Code of Ordinances, Sections 28-441 — 457;
(4) Sign regulations, as contained within Subchapter 33 of the 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 7 and 8 of the Denton Development Code, 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 7 and 8 of the Denton
Development Code, as amended, the Denton Stormwater 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 within Subchapters
2 and 6 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; and
(8) The City states and specifically reserves its authority pursuant to Chapter 251 of the
Tex. Loc. Gov't Code to exercise eminent domain on the Property.
Section 4. Development Plan to Remain in Effect. Following expiration or termination of
this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect
for a period of 180 calendar days thereafter, or until the effective date of the annexation and
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the
City may deny any development application or plan of development that is submitted to the City
for the Property during such period if such application or plan is inconsistent with the Development
Plan. The Owners expressly waive any vested rights that might arise under Sec. 43.002(a)(2) and
Chapter 245 of the Tex. Loc. Gov't Code, local or state law, or by common law, from the submittal
of such inconsistent development application. The Owners further agree that no use commenced
or completed on the Property that is inconsistent with the Development Plan shall be considered
established or in existence prior to the expiration of the 180 -day period during which the
Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Petition for Voluntary Annexation; Service
Plan.
(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, then Sections 1 and 3 of this Agreement shall become null and void and
remedy provisions of Section 5(B) of this Agreement will apply.
(B) UPON EXPIRATION, OR UPON BREACH OR TERMINATION OF THIS
AGREEMENT FOR ANY REASON, OR AT ANY POINT THEREAFTER, THEN IN
ADDITION TO THE CITY'S OTHER REMEDIES, SUCH ACT WILL CONSTITUTE A
PETITION FOR VOLUNTARY ANNEXATION BY THE OWNER, PURSUANT TO SUBCH.
rd
C-3 OF CH. 43 OF THE TEX. LOC. GOV'T CODE AND THE PROPERTY WILL BE SUBJECT
TO ANNEXATION AT THE DISCRETION OF THE CITY COUNCIL. OWNER AGREES
THAT SUCH ANNEXATION IS VOLUNTARILY MADE AND HEREBY CONSENTS TO
ANNEXATION PURSUANT TO SEC. 212.172(B)(7) OF THE TEX. LOC. GOV'T. CODE.
OWNER HEREBY AGREES TO THE CITY'S LIST AND SCHEDULE OF MUNICIPAL
SERVICES SET FORTH IN EXHIBIT "A" BY SIGNING THIS AGREEMENT AND OWNER
AGREES THAT THE 2020 NAA SERVES AS THE WRITTEN AGREEMENT REGARDING
SERVICES, PURSUANT TO SEC. 43.0672 OF THE TEX. LOC. GOV'T CODE. IN THE
EVENT THAT THE WRITTEN AGREEMENT REGARDING SERVICES ARE NO LONGER
REQUIRED BY CH. 43 ON THE DATE OF ANNEXATION, THEN THE MUNICIPAL
SERVICES TO BE PROVIDED TO THE PROPERTY WILL BE IN ACCORDANCE WITH
EXISTING CITY POLICY ON THE DATE OF ANNEXATION, AND AS AMENDED
THEREAFTER. No subsequent change in the law regarding annexation shall affect the
enforceability of this written Agreement or of the City's ability to annex the Property, pursuant to
the terms of this Agreement. This section shall survive any termination of this Agreement.
Section 6. Notice of Sale or Exemption Status Change. 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 provided to
the City 30 days prior to such sale or conveyance, and notice of the change in the exemption status
of the Property shall be provided to the City within 14 days of any change at the following address:
City of Denton, Texas
ATTN: City Manager
215 E. McKinney St.
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment, court
order, legislation, or otherwise shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to the terms of this Agreement.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed in
individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Effective Date; Term and Extension. The Effective Date of the Agreement
shall be the date the Agreement is executed by the City. This Agreement shall terminate on August
1, 2040 ("Term"). The Term may be extended upon mutual agreement of the Parties. Owners and
the City agree that this Agreement is binding upon both the City and Owners, and Owners' heirs,
successors, and assigns for the term of the Agreement. Owners, and all of Owner's heirs,
successors, and assigns shall be deemed to have filed a petition for voluntary annexation before
the end of the Term for annexation of the Property to be completed on or after the end of the Term.
Prior to the end of the Term, the City may commence the voluntary annexation of the Property.
Owner agrees that such annexation shall be voluntary and consents to the annexation pursuant to
Sec. 212.172(b)(7) of Tex. Loc. Gov't Code and Ch. 43, Subch. C-3 of the Tex. Loc. Gov't Code.
Section 14. Survival of Covenants. The covenants in Sections 2, 4, and 5 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
Section 15. OWNERS REPRESENT AND ACKNOWLEDGE THAT EACH AND
EVERY OWNER OF THE PROPERTY HAS SIGNED THIS AGREEMENT, AND
OWNERS COVENANT AND AGREE, JOINTLY AND SEVERALLY, TO INDEMNIFY,
HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL
CLAIMS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE
PROPERTY WHO HAS NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY
FROM THE CITY'S RELIANCE ON THIS AGREEMENT.
Entered into this sL day of , 2020.
�4
OWNERS
j�
3
``111111111//��
p F
v `y �•r0 i
's 'VIE CITY OF DENTON, TEXAS
s —
ATTEST:......... ••'• P� Ay
CITY SECRETARy / ' T ° N . `` ��`�� Its: City Manager, Deputy City Manager, or
`'`rr 11111`
CITY OF NTON, S Assistant City Manager
BY:
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the Y
itday of
2020, by /ZCZV "144t,
COUNTY OF DENTON
This instrument was acknowledged before me on the day of
2020, by
7
\011��
Not�6 Public, State of Texas \.�`� �S
.''•PY PUB''• S '.
N �
Q
THE STATE OF TEXAS }
o F of
�� .131716•
COUNTY OF DENTONros1110�`\\\\
}
This instrument was acknowledged
before me on thef day of,S�l� e- Y^ ,
2020, by �r �Ca /i�gr �..1✓ II,S .
O`��1115$ E C
�F ^ :
Nota ublic, State of Texas
OF
'731 716°1 �V
0\\\\\\
09-1,4, 9,4N
THE STATE OF TEXAS I
COUNTY OF DENTON
This instrument was acknowledged before me on the day of
2020, by
7
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of
2020, by
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This in tr ment�was acknowledged before me on thea, day of b(, 2020,
by 7C6 0 0 t kQ mc, n City Manager/Deputy City
Manager/Assistant City Manager, on behalf of the City of Denton, Texas.
KARISALEIGH RICMIDS
=; *` My Notary ID # 131826791
Expres December 14, 2022
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: 4—P , U�)
After re ding return to:
City of Denton
Attn.: City Secretary
215 E. McKinney St.
Denton, TX 76201
L
)�INotary Pu lic, tate of Texas
EXHIBIT "A"
LIST AND SCHEDULE OF MUNICIPAL SERVICES
(PURSUANT TO TEX. LOC. GOVT. CODE SEC. 43.0672(b)
I. MUNICIPAL SERVICES. Commencing on the effective date of annexation, City will
provide the municipal services set forth below. As used in this Agreement, "providing services"
includes having services available by any method or means by which the City makes such
municipal services available to any other area of the City, including per the City's infrastructure
extension policies, ordinances, and developer or property owner participation in accordance with
applicable city ordinances, rules, regulations, and policies.
A. Police
Police protection from City's Police Department shall be provided to the area annexed at a
level consistent with current methods and procedures presently provided to areas with
similar topography, land use, and population density, on the effective date of the ordinance.
Some of these services include:
1. Normal patrols and responses;
2. Handling of complaints and incident reports;
3. Special units, such as traffic enforcement, investigations and special
weapons; and
4. Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of police
services consistent with other areas in the City having similar characteristics of topography,
land use, and population density.
Upon ultimate development, police protection will be provided at a level consistent with
other areas within the city limits having similar characteristics of topography, land use, and
population density.
B. Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention services
to the annexation area. These services include:
1. Fire suppression and rescue;
2. Pre -hospital medical services including triage, treatment and transport by
Advanced Life Support (ALS) fire engines, trucks and ambulances;
3. Hazardous materials response and mitigation;
4. Emergency prevention and public education efforts;
5. Technical rescue response; and
6. Construction Plan Review and required inspections.
A-1
Fire protection from the City of Denton shall be provided to the areas annexed at a level
consistent with current methods and procedures presently provided to areas of the City of
Denton having similar characteristics of topography, land use, and population density, on
the effective date of the ordinance.
As development commences in these areas, sufficient fire protection, including personnel
and equipment will be provided to furnish these areas with the level of services consistent
with other areas having similar characteristics of topography, land use, and population
density. It is anticipated that fire stations planned to serve areas currently within the City
of Denton will be sufficient to serve areas now being considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent with other
areas within the city limits having similar characteristics of topography, land use, and
population density.
C. Emergency Medical Service
The Denton Fire Department (DFD) will provide the following emergency and safety
services to the annexation area. These services include:
1. Emergency medical dispatch and pre -arrival First Aid instructions;
2. Pre -hospital emergency Advanced Life Support (ALS) response; and
transport;
3. Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas
annexed at a level consistent with current methods and procedures presently provided to
areas of the City of Denton having similar characteristics of topography, land use, and
population density, on the effective date of the ordinance.
As development commences in these areas, sufficient EMS, including personnel and
equipment will be provided to furnish these areas with the level of services consistent with
other areas of the City having similar characteristics of topography, land use, and
population density.
Upon ultimate development, EMS will be provided at a level consistent with other within
the city limits having similar characteristics of topography, land use, and population
density.
D. Solid Waste
The City of Denton is the sole provider of solid waste and recycling collection services to
all residents, and sole provider for trash collection service to commercial entities in the
City. Recycling collection services for commercial entities are managed on the open
market, and the City of Denton is one option for service provision. Solid waste and
recycling collection services will be provided to the newly annexed property immediately
upon the effective date of the annexation at a level consistent with current methods and
A-2
procedures presently provided to areas within the city having similar characteristics of
topography, land use, and population density. Customers receiving their existing services
from private solid waste collection service providers operating in the affected area
immediately prior to annexation may continue to utilize provide their existing service for
up to 2 years in accordance with Texas Local Government Code. Should that private
service end prior to the expiration of the two (2) year term, the customer must initiate solid
waste and recycling services with the City of Denton, pursuant to Chapter 24 of the Code
of Ordinances.
E. Wastewater Facilities
The proposed annexation area is located within the City of Denton Sewer Service Area as
defined by Certificate of Convenience and Necessity (CCN) Number 20072, as issued by
the Texas Commission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mains will be extended in
accordance with the provisions of the Denton Development Code, Water/Wastewater
Criteria Manual, ordinances and regulations. City participation in the costs of these
extensions shall be in accordance with applicable City ordinances and regulations.
Capacity shall be provided consistent with other areas having similar characteristics of
topography, land use, and population density.
Upon annexation, sanitary sewer mains and lift stations which are located within dedicated
easements, rights-of-way, or any other acceptable locations approved by the City Engineer,
shall be maintained by the City on the effective date of this ordinance, if installed or
improved to City standards within the annexed areas.
Operation and maintenance of wastewater facilities and infrastructure lying within the
service area of another water utility will be the responsibility of that utility. Similarly,
operation and maintenance of private wastewater facilities will be the responsibility of the
private property owner.
F. Water Facilities
The annexation area is located within the City of Denton Water Service Area as defined by
Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas
Commission on Environmental Quality (TCEQ).
Connections to existing City of Denton water distribution mains for water service will be
provided in accordance with the Denton Development Code, associated Water/Waste
Water Criteria Manual, and existing City ordinances and policies. Upon connection to
existing distribution mains, water service will be provided at rates established by city
ordinance.
As new development occurs within these areas, extensions of water distribution mains and
cost participation shall be in accordance with the Denton Development Code,
Water/Wastewater Criteria Manual, and with existing City ordinances and policies. Water
A-3
service capacity shall be provided consistent with service to areas of the City having similar
characteristics of topography, land use and population density.
Operation and maintenance of water facilities and infrastructure that lie within the service
area of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or private
water systems will be allowed to remain on those systems until a request for water service
is made to the City. These requests for service will be handled in accordance with the
applicable utility service line extension and connection policies currently in place at the
time the request for service is received.
G. Roads and Streets
Emergency street maintenance, defined as repairs necessary to prevent imminent damage
or injury to the health or safety of the public or any person, as determined by the Director
of Public Works, shall be provided within the annexation area upon the effective date of
the annexation ordinance. Routine maintenance will be provided within the annexation
areas and will be scheduled as part of the City's annual program, in accordance with the
current policies and procedures defined by ordinance, or otherwise established by the City
Council.
Any construction or reconstruction will be considered within the annexation area on a
Citywide basis and within the context of the City's Capital Improvement Plan and/or yearly
fiscal budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance starting
with regulatory signs, then warning signs, then informational signs, in conformance with
fiscal allotments by the City Council. If an existing sign remains, it will be reviewed and
placed on the City's inventory listing for routine replacement, based upon an engineering
study. New signs will be installed when necessary, based upon an engineering study.
Routine maintenance of road/street markings will be evaluated and scheduled within the
yearly budgetary allotments by the City Council.
H. Drainage
Connections to existing City of Denton drainage facilities will be provided in accordance
with the Denton Development Code, associated Stormwater Criteria Manual, and with
existing City ordinances and policies. Drainage fees will be assessed at the rates
established by city ordinance and will be charged on the utility bill after annexation. All
runoff, whether directly tied into the system or not, impacts the system and will be charged.
As new development occurs within these areas, drainage facilities will be extended or
improved by the developer. Any cost participation shall be in accordance with the Denton
Development Code, Stormwater Criteria Manual, and with existing City ordinances and
policies. Drainage facilities extended by the City will have to be a CIP project and bonds
BE
will need to be sold. Drainage capacity shall be provided consistent with other areas of the
City having similar characteristics of topography, land use and population density.
Existing developments, businesses or homes that are on existing drainage systems will be
allowed to continue to remain on these systems until a request for drainage facilities is
made to the City. Any requests for City improvements to existing drainage facilities will
be handled in accordance with the applicable extension and connection policies currently
in place at the time the request for improved drainage facilities is received by the City.
These will be ranked in the CIP project matrix, in accordance with the City Drainage Plan.
I. Parks, Playgrounds, Swimming Pools
Residents of the annexed area may utilize all existing park and recreation facilities as of
the effective date of this ordinance. Fees for such usage shall be in accordance with current
fees established by ordinance.
As development commences in this area, additional park and recreation facilities shall be
constructed based on park policies defined in the Park Master Plan and other existing City
ordinances and policies.
Publicly Owned Facilities. Any publicly owned facility, building, or service located
within the annexed area, and not otherwise owned or maintained by another governmental
entity, shall be maintained by the City of Denton on the effective date of the annexation
ordinance.
K. Permitting and Inspections. Permitting and Inspections shall be obtained through the
City of Denton, as outlined in the Code of Ordinances.
L. Other Services. Other services that may be provided by the City of Denton, such as
municipal and general administration, will be made available as of the effective date of the
annexation. The City of Denton shall provide a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the City of Denton having similar
topography, land use, and population density similar to those reasonably contemplated or
projected in the area.
II. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this Agreement shall require City to provide a uniform level of full municipal services
to each area of the City, including the annexed area, if different characteristics of topography, land
use, and population density justify different levels of service.
A-5
CHAPTERS 43 AND 212 TEXAS LOCAL GOVERNMENT CODE
2020 NON -ANNEXATION AGREEMENT
This AGREEMENT, entered into on the Effective Date, is by and between the CITY OF
DENTON, TEXAS (the "City") and PYONG U YI ("Owners"), the property owners of the
hereinafter described property (the "Property") in Denton County, Texas:
Being a 9.960 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No.
1330, Denton County, Texas, and being more fully described in that certain Warranty Deed with
Vendor's Lien dated October 2, 2000 from Harland E. Stanton, Bobby G. Stanton, Frank J.
Stanton, Oneita Stanton and Virginia Stanton to Pyong Uk Yi, filed for record on October 5, 2000
and recorded in Volume 4689, Page 1873 of the Real Property Records of Denton County, Texas.
Said 9.960 acre tract is commonly known as DCAD Property ID 38636.
RECITALS
WHEREAS, this Agreement is entered into pursuant to Sections 43.016 and 212.172 of the
Tex. Loc. Gov't Code, in order to address the desires of Owner and the procedures of the City; and
WHEREAS, pursuant to Ch. 43 of the Tex. Loc. Gov't Code, the City had previously given
notice of its intent to institute annexation proceedings in 2010, 2015, and again in 2016 for an
"Annexation Area" that includes the above-described Property which was and is subject to the
provisions of Sec. 43.016 of Tex. Loc. Gov't Code; and
WHEREAS, in accordance with State law, the City offered, and Owners accepted, a non -
annexation development agreement ("NAA"), as then contemplated by former Section 43.035 (as
previously codified) and current Section 212.172 of Tex. Loc. Gov't Code, in lieu of the City's
annexation in 2010, as well as extensions of said NAA in lieu of the City's annexation in 2015 and
2016 (collectively, "Extended NAAs"), of the Property in the Annexation Area not otherwise
excluded by operation of State law; and
WHEREAS, Sec. 43.016 of the Tex. Loc. Gov't Code authorizes a property owner and a
municipality to enter into an agreement pursuant to Sec. 212.172 of the Tex. Loc. Gov't Code for
purposes of retaining land in the municipality's extraterritorial jurisdiction (ETJ) in exchange for
the property owner's covenant not to develop the property and to authorize the municipality to
apply regulations and development authority 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 Ch. 23 of the Tex. Tax Code, Subchapters 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 Sec. 43.016 of Tex. Loc. Gov't Code, and the Ch.
23 of Tex. Tax Code; and
WHEREAS, the most recent Extended NAA executed by the City and Owners will expire
on August 1, 2020; and
WHEREAS, the City desires to allow the Property to remain in the City's ETJ for the term
of this 2020 non -annexation agreement (hereinafter, the "2020 NAA" or "Agreement"), which
amends and extends the term of the NAA and Extended NAA previously executed by the Parties
for all purposes, until such time as stated herein; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2020 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, upon expiration of the 2020 NAA, Owners shall be deemed to have filed a
petition for voluntary annexation, pursuant to Subch. C-3 of Ch. 43 of the Tex. Loc. Gov't Code,
incorporating the agreed terms and schedule of the Written Agreement for Services, attached
hereto as Exhibit "A"; 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; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement, as hereinafter defined, 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 (the "Development Plan") in satisfaction of Sec. 212.172(b) of
the Tex. Loc. Gov't Code.
2
Section 3. Governing Regulations. The City regulations, including but not limited to the
following, shall apply to any development of the Property, as such regulations may hereafter be
amended from time to time during the term of this Agreement, as hereinafter defined, 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, as amended pursuant to
the Denton Plan 2030, as amended, including but not limited to the Residential Rural
(RR) 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,
Denton Mobility Plan, and other approved Master Plans of the City of Denton, Texas,
as amended and the most recent North Central Texas Council of Governments Standard
Specifications for Public Works Construction, as amended or replaced;
(3) Denton building codes, as adopted by the City and currently contained within Chapters
17, 28, and 29 of the Denton Code of Ordinances and Subchapter 7 in the Denton
Development Code, as amended, along with local amendments, as 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 of Chapter 17, 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, Code of Ordinances, Sections 17-
141 — 196, as amended and as applicable; and
1. Irrigation Systems, Code of Ordinances, Sections 28-441 — 457;
(4) Sign regulations, as contained within Subchapter 33 of the 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 7 and 8 of the Denton Development Code, as amended, the
Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by
3
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 7 and 8 of the Denton
Development Code, as amended, the Denton Stormwater 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 within Subchapters
2 and 6 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; and
(8) The City states and specifically reserves its authority pursuant to Chapter 251 of the
Tex. Loc. Gov't Code to exercise eminent domain on the Property.
Section 4. Development Plan to Remain in Effect. Following expiration or termination of
this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect
for a period of 180 calendar days thereafter, or until the effective date of the annexation and
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the
City may deny any development application or plan of development that is submitted to the City
for the Property during such period if such application or plan is inconsistent with the Development
Plan. The Owners expressly waive any vested rights that might arise under Sec. 43.002(a)(2) and
Chapter 245 of the Tex. Loc. Gov't Code, local or state law, or by common law, from the submittal
of such inconsistent development application. The Owners further agree that no use commenced
or completed on the Property that is inconsistent with the Development Plan shall be considered
established or in existence prior to the expiration of the 180 -day period during which the
Development Plan is in effect.
Section 5. Agreement Deemed Void in Part,• Petition for Voluntary Annexation; Service
Plan.
(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, then Sections 1 and 3 of this Agreement shall become null and void and
remedy provisions of Section 5(B) of this Agreement will apply.
(B) UPON EXPIRATION, OR UPON BREACH OR TERMINATION OF THIS
AGREEMENT FOR ANY REASON, OR AT ANY POINT THEREAFTER, THEN IN
ADDITION TO THE CITY'S OTHER REMEDIES, SUCH ACT WILL CONSTITUTE A
PETITION FOR VOLUNTARY ANNEXATION BY THE OWNER, PURSUANT TO SUBCH.
11
C-3 OF CH. 43 OF THE TEX. LOC. GOV'T CODE AND THE PROPERTY WILL BE SUBJECT
TO ANNEXATION AT THE DISCRETION OF THE CITY COUNCIL. OWNER AGREES
THAT SUCH ANNEXATION IS VOLUNTARILY MADE AND HEREBY CONSENTS TO
ANNEXATION PURSUANT TO SEC. 212.172(B)(7) OF THE TEX. LOC. GOV'T. CODE.
OWNER HEREBY AGREES TO THE CITY'S LIST AND SCHEDULE OF MUNICIPAL
SERVICES SET FORTH IN EXHIBIT "A" BY SIGNING THIS AGREEMENT AND OWNER
AGREES THAT THE 2020 NAA SERVES AS THE WRITTEN AGREEMENT REGARDING
SERVICES, PURSUANT TO SEC. 43.0672 OF THE TEX. LOC. GOV'T CODE. IN THE
EVENT THAT THE WRITTEN AGREEMENT REGARDING SERVICES ARE NO LONGER
REQUIRED BY CH. 43 ON THE DATE OF ANNEXATION, THEN THE MUNICIPAL
SERVICES TO BE PROVIDED TO THE PROPERTY WILL BE IN ACCORDANCE WITH
EXISTING CITY POLICY ON THE DATE OF ANNEXATION, AND AS AMENDED
THEREAFTER. No subsequent change in the law regarding annexation shall affect the
enforceability of this written Agreement or of the City's ability to annex the Property, pursuant to
the terms of this Agreement. This section shall survive any termination of this Agreement.
Section 6. Notice of Sale or Exemption Status Chane. 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 provided to
the City 30 days prior to such sale or conveyance, and notice of the change in the exemption status
of the Property shall be provided to the City within 14 days of any change at the following address:
City of Denton, Texas
ATTN: City Manager
215 E. McKinney St.
Denton, TX 76201
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment, court
order, legislation, or otherwise shall not invalidate any of the remaining provisions which shall
remain in full force and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to the terms of this Agreement.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
5
Section 12. Execution in Multiple Copies. This Agreement may be separately executed in
individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Effective Date; Term and Extension. The Effective Date of the Agreement
shall be the date the Agreement is executed by the City. This Agreement shall terminate on August
1, 2040 ("Term"). The Term may be extended upon mutual agreement of the Parties. Owners and
the City agree that this Agreement is binding upon both the City and Owners, and Owners' heirs,
successors, and assigns for the term of the Agreement. Owners, and all of Owner's heirs,
successors, and assigns shall be deemed to have filed a petition for voluntary annexation before
the end of the Term for annexation of the Property to be completed on or after the end of the Term.
Prior to the end of the Term, the City may commence the voluntary annexation of the Property.
Owner agrees that such annexation shall be voluntary and consents to the annexation pursuant to
Sec. 212.172(b)(7) of Tex. Loc. Gov't Code and Ch. 43, Subch. C-3 of the Tex. Loc. Gov't Code.
Section 14. Survival of Covenants. The covenants in Sections 2, 4, and 5 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
Section 15. OWNERS REPRESENT AND ACKNOWLEDGE THAT EACH AND
EVERY OWNER OF THE PROPERTY HAS SIGNED THIS AGREEMENT, AND
OWNERS COVENANT AND AGREE, JOINTLY AND SEVERALLY, TO INDEMNIFY,
HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL
CLAIMS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE
PROPERTY WHO HAS NOT SIGNED THE AGREEMENT, ARISING IN ANY WAY
FROM THE CITY'S RELIANCE ON THIS AGREEMENT.
Entered into this day of , 2020.
OWNERS
Con
11111111/I�
DEN�o,��'
HE CITY OF DENTON, TE AS
ATTEST: '
CITY SECRETARYIt
•'""""�'
CITY OF NTON, TE'$V� �ilil� Its: City Manager, ITeputy City Manager, or
BY- Assistant City Manager
THE STATE OF TEXAS
COUNTY OF DENTON } II
T ' n m t was acknow dged before me on the i� day of ,
2020, b�
SHERRI R. THURMAN -
qPR i
gni Notary Public, State of Texas
+";,
Comm, Expires 02-09-2021 otary Public, State of Texas
F
°. F. ,���` Notary ID 13099962-3
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of ,
2020, by
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of
2020, by
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of
2020, by
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF DENTON
This i s umeA was acknowledged before me on the 0 day of i , 2020,
by �V WA Q mcA n City Manager/Deputy City
Manager/Assistant City Manager, on behalf of the City of Denton, Texas.
KARISA LEIGH RICHARDS
'* *= My Notary ID # 131826791
Expires December 14, 2022 Notary Public, State of Texas
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Attn.: City Secretary
215 E. McKinney St.
Denton, TX 76201
EXHIBIT "A"
LIST AND SCHEDULE OF MUNICIPAL SERVICES
(PURSUANT TO TEX. LOC. GOVT. CODE SEC. 43.0672(b)
I. MUNICIPAL SERVICES. Commencing on the effective date of annexation, City will
provide the municipal services set forth below. As used in this Agreement, "providing services"
includes having services available by any method or means by which the City makes such
municipal services available to any other area of the City, including per the City's infrastructure
extension policies, ordinances, and developer or property owner participation in accordance with
applicable city ordinances, rules, regulations, and policies.
A. Police
Police protection from City's Police Department shall be provided to the area annexed at a
level consistent with current methods and procedures presently provided to areas with
similar topography, land use, and population density, on the effective date of the ordinance.
Some of these services include:
1. Normal patrols and responses;
2. Handling of complaints and incident reports;
Special units, such as traffic enforcement, investigations and special
weapons; and
4. Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of police
services consistent with other areas in the City having similar characteristics of topography,
land use, and population density.
Upon ultimate development, police protection will be provided at a level consistent with
other areas within the city limits having similar characteristics of topography, land use, and
population density.
B. Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention services
to the annexation area. These services include:
1. Fire suppression and rescue;
2. Pre -hospital medical services including triage, treatment and transport by
Advanced Life Support (ALS) fire engines, trucks and ambulances;
3. Hazardous materials response and mitigation;
4. Emergency prevention and public education efforts;
Technical rescue response; and
6. Construction Plan Review and required inspections.
A-1
Fire protection from the City of Denton shall be provided to the areas annexed at a level
consistent with current methods and procedures presently provided to areas of the City of
Denton having similar characteristics of topography, land use, and population density, on
the effective date of the ordinance.
As development commences in these areas, sufficient fire protection, including personnel
and equipment will be provided to furnish these areas with the level of services consistent
with other areas having similar characteristics of topography, land use, and population
density. It is anticipated that fire stations planned to serve areas currently within the City
of Denton will be sufficient to serve areas now being considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent with other
areas within the city limits having similar characteristics of topography, land use, and
population density.
C. Emergency Medical Service
The Denton Fire Department (DFD) will provide the following emergency and safety
services to the annexation area. These services include:
1. Emergency medical dispatch and pre -arrival First Aid instructions;
2. Pre -hospital emergency Advanced Life Support (ALS) response; and
transport;
3. Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas
annexed at a level consistent with current methods and procedures presently provided to
areas of the City of Denton having similar characteristics of topography, land use, and
population density, on the effective date of the ordinance.
As development commences in these areas, sufficient EMS, including personnel and
equipment will be provided to furnish these areas with the level of services consistent with
other areas of the City having similar characteristics of topography, land use, and
population density.
Upon ultimate development, EMS will be provided at a level consistent with other within
the city limits having similar characteristics of topography, land use, and population
density.
D. Solid Waste
The City of Denton is the sole provider of solid waste and recycling collection services to
all residents, and sole provider for trash collection service to commercial entities in the
City. Recycling collection services for commercial entities are managed on the open
market, and the City of Denton is one option for service provision. Solid waste and
recycling collection services will be provided to the newly annexed property immediately
upon the effective date of the annexation at a level consistent with current methods and
A-2
procedures presently provided to areas within the city having similar characteristics of
topography, land use, and population density. Customers receiving their existing services
from private solid waste collection service providers operating in the affected area
immediately prior to annexation may continue to utilize provide their existing service for
up to 2 years in accordance with Texas Local Government Code. Should that private
service end prior to the expiration of the two (2) year term, the customer must initiate solid
waste and recycling services with the City of Denton, pursuant to Chapter 24 of the Code
of Ordinances.
E. Wastewater Facilities
The proposed annexation area is located within the City of Denton Sewer Service Area as
defined by Certificate of Convenience and Necessity (CCN) Number 20072, as issued by
the Texas Commission on Environmental Quality (TCEQ).
As development commences in these areas, sanitary sewer mains will be extended in
accordance with the provisions of the Denton Development Code, Water/Wastewater
Criteria Manual, ordinances and regulations. City participation in the costs of these
extensions shall be in accordance with applicable City ordinances and regulations.
Capacity shall be provided consistent with other areas having similar characteristics of
topography, land use, and population density.
Upon annexation, sanitary sewer mains and lift stations which are located within dedicated
easements, rights-of-way, or any other acceptable locations approved by the City Engineer,
shall be maintained by the City on the effective date of this ordinance, if installed or
improved to City standards within the annexed areas.
Operation and maintenance of wastewater facilities and infrastructure lying within the
service area of another water utility will be the responsibility of that utility. Similarly,
operation and maintenance of private wastewater facilities will be the responsibility of the
private property owner.
F. Water Facilities
The annexation area is located within the City of Denton Water Service Area as defined by
Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas
Commission on Environmental Quality (TCEQ).
Connections to existing City of Denton water distribution mains for water service will be
provided in accordance with the Denton Development Code, associated Water/Waste
Water Criteria Manual, and existing City ordinances and policies. Upon connection to
existing distribution mains, water service will be provided at rates established by city
ordinance.
As new development occurs within these areas, extensions of water distribution mains and
cost participation shall be in accordance with the Denton Development Code,
Water/Wastewater Criteria Manual, and with existing City ordinances and policies. Water
A-3
service capacity shall be provided consistent with service to areas of the City having similar
characteristics of topography, land use and population density.
Operation and maintenance of water facilities and infrastructure that lie within the service
area of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or private
water systems will be allowed to remain on those systems until a request for water service
is made to the City. These requests for service will be handled in accordance with the
applicable utility service line extension and connection policies currently in place at the
time the request for service is received.
G. Roads and Streets
Emergency street maintenance, defined as repairs necessary to prevent imminent damage
or injury to the health or safety of the public or any person, as determined by the Director
of Public Works, shall be provided within the annexation area upon the effective date of
the annexation ordinance. Routine maintenance will be provided within the annexation
areas and will be scheduled as part of the City's annual program, in accordance with the
current policies and procedures defined by ordinance, or otherwise established by the City
Council.
Any construction or reconstruction will be considered within the annexation area on a
Citywide basis and within the context of the City's Capital Improvement Plan and/or yearly
fiscal budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance starting
with regulatory signs, then warning signs, then informational signs, in conformance with
fiscal allotments by the City Council. If an existing sign remains, it will be reviewed and
placed on the City's inventory listing for routine replacement, based upon an engineering
study. New signs will be installed when necessary, based upon an engineering study.
Routine maintenance of road/street markings will be evaluated and scheduled within the
yearly budgetary allotments by the City Council.
H. Drainage
Connections to existing City of Denton drainage facilities will be provided in accordance
with the Denton Development Code, associated Stormwater Criteria Manual, and with
existing City ordinances and policies. Drainage fees will be assessed at the rates
established by city ordinance and will be charged on the utility bill after annexation. All
runoff, whether directly tied into the system or not, impacts the system and will be charged.
As new development occurs within these areas, drainage facilities will be extended or
improved by the developer. Any cost participation shall be in accordance with the Denton
Development Code, Stormwater Criteria Manual, and with existing City ordinances and
policies. Drainage facilities extended by the City will have to be a CIP project and bonds
A-4
will need to be sold. Drainage capacity shall be provided consistent with other areas of the
City having similar characteristics of topography, land use and population density.
Existing developments, businesses or homes that are on existing drainage systems will be
allowed to continue to remain on these systems until a request for drainage facilities is
made to the City. Any requests for City improvements to existing drainage facilities will
be handled in accordance with the applicable extension and connection policies currently
in place at the time the request for improved drainage facilities is received by the City.
These will be ranked in the CIP project matrix, in accordance with the City Drainage Plan.
I. Parrs, Playgrounds, Swimming Pools
Residents of the annexed area may utilize all existing park and recreation facilities as of
the effective date of this ordinance. Fees for such usage shall be in accordance with current
fees established by ordinance.
As development commences in this area, additional park and recreation facilities shall be
constructed based on park policies defined in the Park Master Plan and other existing City
ordinances and policies.
Publicly Owned Facilities. Any publicly owned facility, building, or service located
within the annexed area, and not otherwise owned or maintained by another governmental
entity, shall be maintained by the City of Denton on the effective date of the annexation
ordinance.
K. Permitting and Inspections. Permitting and Inspections shall be obtained through the
City of Denton, as outlined in the Code of Ordinances.
L. Other Services. Other services that may be provided by the City of Denton, such as
municipal and general administration, will be made available as of the effective date of the
annexation. The City of Denton shall provide a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the City of Denton having similar
topography, land use, and population density similar to those reasonably contemplated or
projected in the area.
II. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this Agreement shall require City to provide a uniform level of full municipal services
to each area of the City, including the annexed area, if different characteristics of topography, land
use, and population density justify different levels of service.
A-5