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2012-361s:llegallour documentslordinances\12\dh-7 accepting non annexation agreements.doC ORDINANCE NO. 2012-361 AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE NON-ANNEXATION AGREEMENTS FOR AGRICULTUR.AL, 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, GENER.ALLY IDENTIFIED AS DH-7, CONSISTING OF APPROXIMATELY 143 ACRES OF LAND LOCATED ON THE EAST AND NORTH SIDES OF TEASLEY LANE, SOUTH OF TEASLEY HARBOR SUBDIVISION AND WEST OF SOUTHLAKE DRIVE, AND MORE SPECIFICALLY IDENTIFIED 1N EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.052, Subchapter C, Local Government Code, a home rule city is authorized to annex an area identified in an annexation plan, beginning on the third anniversary of the date the annexation plan was adopted; and WHEREAS, the City desires to pursue annexation of DH-7, as hereinafter described which area was placed in a"Three Year Plan" on Apri16, 2010; and WHEREAS, Section 43.035, Subchapter B, Local Government Code requires the City to make offers of non-annexation development 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 between an eligible property owner and the City, the land subject to the agreement retains its extraterritorial status and the owners of such land must abide by the City's development regulations as if such land were within the City limits, as provided further in such agreement; and WHEREAS, the city has offered said non-annexation agreements for a seven year term, in light of the rapid growth of the Denton area, the need to assure orderly growth, and the inadequate .nd area currently within the Denton city limits; and WHEREAS, the owners of some eligible properties have executed such non-annexation agreements, and yet other owners to whom notices were sent did not execute the agreements within the allotted period of time, thereby declining the City's offer; and WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of the City of Denton to enter into such non-annexation agreements with eligible property owners who timely submitted non-annexation agreements; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAlNS: SECTION 1. The findings and recitations contained in the preamble of this ordinance axe incorporated herein by reference. SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as DH-7, is described in Exhibit "A", attached hereto and s:llegallour documents\ordinances1121dh-7 accepting non annexation agreements.doC incorporated herein, and depicted in Exhibit "B," attached hereto and incorporated herein (except that if there is conflict between the Exhibits, "A" shall control). SECTION 3. A non-annexation agreement relating to an eligible property within that parcel identified as DH-7, as described and depicted in Exhibits "A" and "B", which has been properly executed by the owners of the property and which have legally sufficient property descriptions, is hereby approved by the City of Denton and is attached hereto and incorporated herein by reference as Exhibit "G1". SECTION 4. The City Manager is authorized and directed to sign the non-annexation agreement contained within Exhibit "C-1" for and on behalf of the City of Denton as a ministerial act, but with an effective date of this Council's action on same. The City Manager shall further arrange forthwith for the recordation of non-annexation agreement in the real property records of Denton County, Texas. SECTION 5. In the event the City Council does not annex that parcel identified as DH-7, the City Manager is authorized to rescind the City's action accepting said non-annexation agreements within six months of the effective date of this Ordinance should any property owners subject to the agreements so desire. SECTION 6. 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 7. This Ordinance shall talce effect immediately on its passage. AND IT IS SO ORDERED. Passed by the City Council reading this 18th day of D ember, 2012. I • ' : ' ' • `:F:%[j7 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ! APPR ED TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: , . LEn c .c Page 2 EXHIBIT "A" - DH-7 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 and disannexation ordinances as follows: Ordinance 1965-43 (Tract III), Ordinance 1978- 028, Ordinance 1985-30, Ordinance 1987-119, Ordinance 2000-440, Ordinance 2003- 231, and Ordinance 2007-293; and being more specifically described as follows: BEGINNING at a point described in Ordinance 87-119, said point being 55 feet east of the centerline of FM 2182; THENCE North 89° 14' East, 195.9 feet to a point for a corner, as described in Ordinance 87-119, said point being 250 feet east of the and perpendicular to the centerline of FM 2181; THENCE Southerly to a point of intersection with north boundary line of the property described in Ordinance 2003-231; said point being the northwest corner of the said property; THENCE South 89° 36' East, 1449 feet (more or less) to a point for a corner, said point being the northeast corner ofthe said property; THENCE South 00° 39' West, 2124 feet (more or less) to a point for a corner, said point being the southeast corner of said property; THENCE South 89° 40' West, 980.52 feet (more or less) to the northeast corner of the current City Limits as described in Ordinance 2007-293 ; Thence South 06 degrees 14 minutes 36 seconds West, a distance of 90.03 feet to a point for a corner being the Southeast corner of existing said City limits line and being on a northern line of existing City limits line established by Ordinance 87-119; THENCE Southeasterly and Easterly along a line 250feet east and north ofandparallel to the centerline ofFM 2181 to a point intersecting with the City limits as described in Ordinance 87-119 and Disannexation Ordinance 78-28; THENCE Northerly along the City Limit Line as described in Ordinance 78-28, said line being the west line of the property described in said Ordinance, to a point of intersection with the southern line of the property described in Ordinance 85-30; THENCE West to the point of intersection with the property described in Ordinance 2000-440, said point being the southwest corner of the property described in Ordinance 85-30 and the southeast corner of the property described in Ordinance 2000-440; THENCE South 89° 34' 07" West, 2483.03 feet to a point for a corner, said point being 55 feet east of and perpendicular to the centerline of FM 2181; THENCE Southerly along a line 55 feet east of and parallel to the centerline of FM 2181 to the Point of Beginning, containing approximately 143 acres. n D r. U 10 O o . o --- o DH 7 IIIIIIIIIiii : 11111l11 1 1111111 / 1111111 illl 1111111 11 111111 1111 e1I III 1 11/ 1111111 r t r i I i w , 4 as ey Ln. o:llegallannexation 20111dh-7\blankemeyer dh-7, line 358.doc CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Godt Code by and between the City of Denton, Texas (the "City") and Oscar Blankemeyer, Jr. ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being a 83.604 acre tract of land, more or less, situated in the Carlos Chacon Survey, Abstract No. 298 and the W.E. Penley Survey, Abstract No. 1729, Denton County, Texas, and being more fully described in that certain Warranty Deed with Vendor's Lien dated to be effective January 10, 1983 from Herschel V. Forester, Trustee to Oscar Blankemeyer, Jr., filed for record on January 11, 1983 and recorded in Volume 1187, Page 559 of the Real Property Records of Denton County, Texas, SAVE AND EXCEPT that portion lying within the city limits, leaving a called 80.138 acre tract of land that is commonly known as DCAD P operty ID 37935. WHEREAS, the City has given notice of its intent to institute annexation proceedings for an"Annexation Area" that includes the above-described Property, in accordance with Tex. Loc. Godt Code ch. 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ("ETJ") for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem t purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; 1 o:llegallannexation 20111dh-7lblankemeyer dh-7, line 358.doc NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b). Section 3. Governin; Re ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: 1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein 2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manua1); 3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; 2 o:\legallannexation 20111dh-7161ankemeyer dh-7, line 358.doc c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 437 and §§17-141 — 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 — 457; and m. Moving Buildings, Denton Code §§28-326 — 375; 4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; 5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; 6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and 7) Gas Well platting, drilling and production standards, as contained in 35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for 3 o:Uegallannexation 20111dh-7lblankemeyer dh-7, line 358.doc 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 Ovmers expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. A reement Deemed Void in Part; Voluntarv Amiexation. A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter G l, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severabilitv. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which sha11 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. o:Uegal\annexation 20111dh-7lblankemeyer dh-7, line 358.doc Section 10. Change in Law. No subsequent change in the law regaxding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, sha11 constitute one and same instrument. Section 13. Term and Extension. Unless extended by mutual agreement of the Parties, this Agreement shall terminate on August l, 2020. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. In the event that the Denton City Council fails to complete annexation of the proposed Annexation Area, excluding any land subject to an executed non-annexation agreement, and as may be modified by any changes to the City's annexation plan, prior to June 1, 2013, the City Manager is authorized to rescind this Agreement on behalf of the City, if such rescission is requested by Owners prior to December 1, 2013. Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of , 2012. Owners Oscar Blankemeyer, Jr. THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative 5 o:llegal\annexation 2011\dh-7lblankemeyer dh-7, line 358.doc THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the z l.day of 2012, by Oscar Blankemeyer, Jr. a. i M P: JULIE L WILLIS MY COMMI5SION EXPIRES jf,4;,t' June21,2014 T'HE STATE OF TEXAS COUNTY OF DENTON 1 This inst ent was cknowledged before m day of 2012, by PCity Mana er/Deputy Crty Manager/Designated Represent 've, on beha of the City of Denton, Te s. d1 RYPU y JENNIFER K. WALTERS Notary Public, State of Texas r, •t: My Commission Expires aF;;>>' December 19, 2014 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ti , , G'! tary P c, State of exas