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.
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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;
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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;
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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
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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
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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