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21-842ORDINANCE NO. 2 1 -842 AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE 212.172 NON- ANNEXATION AGREEMENTS FOR PROPERTIES THAT DO NOT nAVE AN AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND AD VALOREM TAX EXEMPTION WITHIN AN AREA OF LAND ADJACENT TO AND ABUTT ING THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH-12, AN AREA OF APPROXIMATELY 1,154 ACRES LOCATED ON THE SOUTH SIDE OF E. UNIVERSITY DRIVE, EAST OF N. MAYHILL ROAD, NORTH AND SOUTH OF BLAGG ROAD, NORTH AND SOUTH OF MILLS ROAD, AND EAST AND WEST OF S. TRINITY ROAD; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan, and the City desires to pursue annexation of DH- 12, as hereinafter described; and WHEREAS, pursuant to Chapter. 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 property located in DH- 12, 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 all eligible property owners within DH- 12 non-annexation development agreements, 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 agreements in lieu of the City’s annexation in 2015 and 20 16; and WHEREAS, under a non-annexation development 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 Council has offered to extend the term of the non-annexation development agreement for an additional twenty (20) years to all eligible property owners within DH- 12; and WHEREAS, the Denton County Appraisal District records show that some properties that formerly entered non-annexation development agreements with the City are not currently 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 thus not eligible to receive a Ch. 43 non-annexation development agreement; and WHEREAS, despite no longer having a valid agricultural, wildlife management or timber land ad valorem tax exemption, the City desires to allow the properties that formerly had a non- annexation development agreement with the City to remain in the City’s extraterritorial jurisdiction in accordance to the similar terms and conditions that are contained in a Ch. 43 non- annexation development agreement; and WHEREAS, Sec. 212.172 of the Tex. Loc. Gov’t Code authorizes a property owner and a municipality to enter into an agreement for purposes of retaining land in the extraterritorial jurisdiction in exchange for the property owner’s covenant not to develop the property and to authorize the municipality to apply its regulations and development authority not inconsistent with agricultural use; and WHEREAS, for all intents and purposes, a 212.172 non-annexation development agreement is very similar to a Ch. 43 non-annexation development agreement, except that a 212.172 non-annexation development agreement does not require the Property to possess a valid agricultural, wildlife management or timber land ad valorem tax exemption; and WHEREAS, the City continues to desire to allow such properties to remain in the City’s extratenitorial jurisdiction for a term of twenty (20) years through a 212.172 non-annexation development agreement, which agreement amends and extends the term of the prior Ch. 43 non- annexation development agreements previously executed by the parties; and WHEREAS, upon expiration of the 212.172 non-annexation development agreement, the 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; and WHEREAS, the City Council deems it to be in the best interests of the citizens of the City of Denton to enter into such 212.172 non-annexation development agreement with eligible property owners who timely submitted 212.172 non-annexation development agreement; 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 area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as DH-12, is described in Exhibit “A”, attached hereto and 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. Certain 212.172 non-annexation development agreement relating to eligible properties within that parcel identified as DH-12, which have been properly executed by the owners of those properties, are hereby approved by the City of Denton and are attached hereto and incorporated herein by reference as Exhibit “C”. SECTION 4. The City Manager is authorized and directed to sign the non-annexation agreements contained within Exhibit “C” for and on behalf of the City of Denton as a ministerial act, but with an effective date of this Council’s action on same. The City Manager shall further arrange forthwith for the recordation of non-annexation agreements in the real property records of Denton County, Texas. Page 2 SECTION 5. In the event the City Council does not annex that parcel identified as DH- 12, 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 take effect immediately on its passage. The motion to approve this ordinance was made by Ebay and seconded by -\)e_b C\cjT,",f\\c t , the ordinance was passed and approved by thefollowing vote U- a : Aye a ,it Nay Abstain Absent Mayor Gerard Hudspeth: Birdia Johnson, District 1 : Connie Baker, District 2:Z V/ a ./‘ V/ Jesse Davis, District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the q th 202 1 GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY -a ,\111111111 91+.! APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY Digitally signed by a„z ah„JB::U}BY: Page 3 i t i I I DH-12 - Exhibit “A” ALL those attain lots, Umts or parcels of land lying and being situated in the County of Denton, State ofTacas and prweatly being wholly wnormded and fully embramd by the Denton dty liaat boundaries ofrword and established by the amex8tion ordinances as follows: Ordinance 196543 (Tract 1), Ordinance 1983-134, Ordinance 1984-98, OldilWBe 1985-210 ('Trwtg 1, 3 and 4-A), Ordinaaw 1986.22 (Tracts II & IID, Ordinance 198&129, Ordinance 1989-1, Ordinance 1996-68, OBlinance 1996-232, and Ordinawe 2001.244; and being more sp%ieally descdtnd as follows: IBEGINNING at a point at the southwest cornu of the property descdM in Ordinance 96-068, said point being in the enter of May’hiD Road and the north right-of.way line of Blagg Raul; THENCE East along the north rightof-way line ofBlagg Road, 407.5 feet to a point for a Garner T:HENCE North 1314 feet to a point for a cann, said comer being the northeast oornu of the property dewdbed ia Ordinance 96.068 and being or the south line of the property described in Ordinance 6543, Tract I; THENCE Nodhe®taly along a line to a point of haersecHon with the west line of the property dwuitnd in Ordinance 8622, Tract II; THENCE South to a phd Rx a corner, said point being the southeast corner of the property daaibed in Ordinance 86-22, Tract II, also being on the east rightof.way line ofGealing Road; i I ITHENCE South CXy 30’ 22” East, 59.37 feet along the east line of Ge®ling Road to a poiat fm a corn% THENCE South 8W 27’ 34” East, 337 feet to a point for a corner; THENCE South 00' 55’ IS” West, 538.17 feet to a point for a coram; THENCE Nanh 89'’ 54’ 18” West, 337 feet to a pohIt for a corner; THENCE South O€P 00’ ll” East, 459.(A feet along the east line of GeesHng Road to a point for a com@ THENCE South 40' 27’ 41” East, 255.8 feet to a point for a coraa; THENCE North 89' 59’ 49“ EasE $19.5 feet to a point for a canw THENCE South 46' 13’ 49” West, 45.10 feet to a point for a coma; I II THENCE South 89' 54’ 30” East, 36.28 feet to a point for a comu; THENCE South oo' 05’ 30” West, 365 feet to a point for a corner, said point being on the north line ofBiagg Road; THENCE South 89' 54’ 30” East, 719.56 feet, along the north line of Blagg Road to a point for a corner; THENCE North 00'’ 07’ 52” West, 985.11 feet tna point for a comer; THENCE South 89' 24’ 3g East to the point ofinters@tion of the property described in Ordinance 96-232; THENCE South 03' CH’ 00” West, 980.18 feet toa point on the north line ofBlagg Road; THENCE Easterly along the north line ofBl8gg Road to a peRII of iIHmsedion with the west right.of-way line of Lakeview Boulevud; THENCE southaly along the west right-of-way line of Lakeview Boulevard to the south rightqf-way ofBlagg Road; THENCE westerly along the south rightof-way line of BUm Road to a point descdtnd in Ordinance 2001-244, said point also being the northeast conn of the property in the said Ordinanae; THENCE South 8P 28’ 01” West, 745.32 feet along the south right.of-way of Blagg Road to a point for a cornu; THENCE South 00'’ 05’ 17’ East, 416.59 feet to a point for a colnu; THENCE South gP 59’ 36” West, 676.35 feet to a point hr a caller; THENCE South, 247.72 Bet to a point for a corner; THENCE East, 165 feet to a point for acorn% THENCE South, 261.78 feet to a point for a cormr; THENCE West, 165 feet to a point for a corner; THENCE South 710.41 feet to a point for a corner; THENCE East, 1421 feet to the interwaion with the property descdtnd ia Ordimnw Bl. 98 I II I I I I I I ! i I I I I I THENCE Southerly along the west bIn of the property dncritnd in Ordinance 84-98 to a point for a corn% THENCE South 83' 12’ 1(P East, 693,59 feet to a point for a cann; IHENCE South 3' 57’ /W’ West, 646.13 feet to a $oint faacotneq l:EiENCE Easterly to point on the west lim of the property described 210, Tract 3, said point being the northwest oorna of the sad tract; THENCE South 2' 45’ W’ West, 822.11 feet to a point fm a corner; THENCE South 75' O1’ 19” East, 144.36 feet to a point for a corn% THENCE South 39' IS’ 29” East, 87.1 1 feet to a point for a cornq THENCE South 9' 13’ 56” East, 72.59 feet to a point for a coIn% THENCE South 48'’ 27’ 58” West, 28.64 feet to a point for a cornu; THENCE North 86' 10’ 37’ Wal 194.01 feet to a point for a corner; IHENCE South 2' 45’ 06” Yesb 561.45 feet to a point for a mmu; THENCE South 82' 33’ 40” East, 707.37 feet to a point for a oorna; in Ordinance 85 THENCE South 16' 50’ 50” West, 146.41 feet to the intersection with a line on the pmpaty desaitHd in Ordinawe 8'b98; THENCE Noah 86' a4’ 29” West, 681.98 feet to a point foraoorner; THENCE South 2a 28’ 38” West, 525.40 feet to a point for a comu; THENCE South 86' 26’ 40” East, 1423.30 feet to a point for a corner; THENCE South 2' 48’ 25” Wesb 2127.77 feet to a point for a coruu; THENCE South 2' 13’ 47” West, 706.64 feet to a point for a ooarq THENCE South a' 50’ 47” East, 407.19 feet to an interswtion with a line on On property de3aibed in Ordinan® 85-210, Tract 1 ; THENCE South 00' 45’ 09” West to a point of intersection with a line on the property desaibed in Ordinance 86129, said point being the northeast corner of said trad; i I THENCE Nodhwesterly along a line 250 feet north%stub of the center line of FM 426 on a 8ai® of comm and distance dwcdtnd in Ordinalne 86.129 to a point of intersntion with the east line ofthe property dnuitnd in C)rdinmce 83.134; THENCE North M’ 05’ East, 1274.77 feet to a point for a owneR THENCE Bst, 15 feet to a point for a coma; THENCE Nod:h 00' Q5’ East, 2255.94 to a point for a coIn% THENCE South BF 17’ West, 1444.17 feet along the soultl rightof-way line of Mills Road to a point for a comm, said point being the noBbyut miner of the property desaibed ia Ordinance 83-134 and the northeast corau oftin property described in Orrlinarne 89-001 ; THENCE Westaly, 29H.96 fwt along the south ridrt4f-way line Of Mills Road to a point in the calderlim of M&yhill Road on the east lim of the property described in Qrdinanw 6Sdt3, Tract I; THENCE Nodherly along the centerline of Mayhill Road to the Point of Beginnin& containing aplaoximately 1,162 acres. I I DH12 Boundary EXHIBIT B ,rM'b EH;qq DH12 Boundary Centerline Parcels iTaT>s are themamapsexpressed or'of Denton makesto the'of this statement.or ItS EXHIBIT C CHAPTER 212 TEXAS LOCALGOVERNMENT CODE 2020 NON-ANNEXATION AGREEMENT This 2020 NON-ANNEXATION AGREEMENT (“Agreement” or “2020 NAA“), entered into on the Effective Date, is by and between the CITY OF DENTON, TEXAS (the “City”) and BRAD ARCHER (“Owners”), the property owners of the hereinafter described property (the “Property“) in Denton County, Texas (Owners and City also singularly a “Party” or collectively “Parties”): Being 2.412 acre tract of land, more or less, situated in the M. Forrest Survey, Abstract No. 417, Denton County, Texas, more fully described as the Save and Except, Parcel 4, in that Warranty Deed with Vendor’s Lien dated April 5, 2017, from Brad Archer, a/k/a Bradley T. Archer and Faith E. Archer, husband and wife, to Alejandro Lopez and Aide Ayala, filed for record on May 19, 2017, and recorded in Instrument No. 2017-59018, of the real property records of Denton County, Texas, commonly known as DCAD Property ID 37206. RECITALS WHEREAS, pursuant to Chapter. 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 oKered all eligible property owners within DH12 non-annexation development agreements (“Ch. 43 NAAs”), 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 NAAs in lieu of the City’s annexation in 2015 and 2016 (collectively, “Extended Ch. 43 NAA”), of the Property in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, the Property is located within DH 12, and since 2010 the Property has held a valid Ch. 43 NAA that was executed by the Owners and the City pursuant to Chapter 43 of the Tex. Loc. Gov’t Code, and subsequentlwxtendeci in 2015 and 2016; and WHEREAS, the term of the Extended Ch. 43 NAA ends on August 1, 2020; and WHEREAS, the Denton City Council has offered to extend the term of the Extended Ch. 43 NAAs for an additional twenty (20) years to all eligible property owners within DH 12; and WHEREAS, the Denton County Appraisal District records show that the Property anc'_ currently 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 thus is not eligible to receive a Ch. 43 NAA; and WHEREAS, despite no longer having a valid agricultural, wildlife management or timber land ad valorem tax exemption, the Owners and the City desire to allow the Property_lo remainln thc extratenitorial jurisdiction (“ETJ”) in accordance to the similar terms and conditions that are contained in a Ch. 43 NAA; and WHEREAS, Sec. 212.172 of the Tex. Loc. Gov’t Code authorizes a property owner and a municipality to enter into an agreement (“2 12. 172 NAA”) for purposes of retaining land in the ETJ in 1 exchange for the property owner’s covenant not to develop the property and to authorize the municipality to apply its regulations and development authority not inconsistent with agricultural use; and WHEREAS, for all intents and purposes, a 212. 172 NAA is very similar to a Ch. 43 NAA, except that a 212. 172 NAA does not require the Property to possess a valid agricultural, wildlife management or timber land ad valorem tax exemption; and WHEREAS, the City continues to desire to allow the Property to remain in the City’s ETJ for a term of twenty (20) years through this 212.172 NAA, which agreement amends and extends the term of the Ch. 43 NAA and Extended Ch. 43 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 212. 172 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, the Parties agree that this 212.172 NAA is entered into pursuant to Section 212.172 of the Tex. Loc. Gov’t Code, in order to address the desires of Ih; Owners tc remain in thc Cib'’s ETJ and the procedures of the City; and WHEREAS, upon expiration of the 212.172 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 Dentcn County; Texas9 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 extraterdtorial 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 covernnt-and agree that use c#the•Frolnry fw the term of this Agreement, as hereinaaer 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 aom 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-related residential dwellings and accessory uses 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. b. C. d. e. f. g. h. 1. J. k. 1. International Building Code, 2012 Edition with local amendments; International Residential Code, 2012 Edition with Appendix G and local amendments; The International Fire Code, 2012 Edition with local amendments; International Plumbing Code, 2012 Edition with local amendments; International Fuel Gas Code, 2012 Edition with local amendments; International Mechanical Code, 2012 Edition with local amendments Code of Ordinances of Chapter 17, Property Maintenance Code, as amended; International Energy Conservation_Code20 1 2Editionr with regional3mendments; National Electric Code, 2011 Edition, with local amendments; National Electric Safety Code, 2012 Edition, with regional amendments; Minimum housing and building standards, Code of Ordinances, Secticns lb141 – 196, as amended and as applicable; and Irrigation Systems, Code of Ordinances, Sections 28-zH 1 – 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; 3 (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 Deve Icon8nt Code, at 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 ManagementAdministration. as amended: and (7) Gas well planing, 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 25 1 of the Tex. Loc. Gov’t Code tcLexec£ise eminent domain on thePtaperty, 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 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 ef 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 PONT THEREAFTER, THEN IN ADDITION TO THE CITY’S OTHER REMEDIES, SUCH ACT WILL CONSTITUTE A PETITION FOR VOLUNTARY ANNEXATION BY THE OWNER, FURSUAtqT TC' ,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 212.172 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 ANNEXATION3 THEN THE MUNICIPAL SERVICES TO BE PROVIDED TO THE PROPERTY WILL BE IN 4 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 of the Owners 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 Owners or the City by any proceeding at law or in eq _ity . :ail_re to do so shall not be deemed a Nai /er to enforce the pro ,isions of this Agreement thereafter. Entry into this Agreement by Owners 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 the 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”) unless otherwise terminaiedpwsuani tc dr lxnvbi=,ns =flhis-Agna£ iII. ThU xm lnay b3 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 Propertv 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. 5 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 nAS SIGNED THIS AGREEMENT, AND OWNJ IS COWIPIANT AND A ;REEs JOINTLY AND SB;VERALLY9 TO IFIDEMNIFY, HOLD UARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALLJEGALJLAIMS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THE AGREEMJ,NT, 'ARISING IN ..A_RnfwAWROM TEE CITPS RELIABTCE ON THIS AGREEMENT. E,t„,d ht, thi,/?4day OWNER ATTEST: CITY SECREI'ARY THE CITY OF DENTON, TEXAS e (N or Assistant THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 20 ,by day of B9 6 Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 20ZI , by e„Al,ley /brIar . - /'* .*..,$@M CHRisriAN GARCIA My N(lay ID # 1326743® aljM SWIM 14, M a ’ublic, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 20 ,by day of Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 20 ,by day of Notary Public, State of Texas THE STATE OF TEXAS } 7 COUNTY OF DENTON } the Manager/Deputy Manage’r. ;State oTTexasli Notary Public STATE OF TEXAS D#125830537 Sent. 7, 2022Comm. AARON LEAL, CITY ATTORNEY APPROVED AS TO LEGAL FORM: After recording return to: City of Denton AHn.: 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. 2. 3. 4. Normal patrols and responses; Handling of complaints and incident reports; Special units, such as traffic enforcement, investigations and special weapons; and 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. 2. 3. 4. 5. 6. Fire suppression and rescue; Pre-hospital medical services including triage, treatment and transport Advanced Life Support (ALS) fire engines, trucks and ambulances; Hazardous materials response and mitigation; Emergency prevention and public education efforts; Technical rescue response; and Construction Plan Review and required inspections. \ by 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 A-1 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. 2. 3. Emergency medical dispatch and pre-arrival First Aid instructions; Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 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 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 A-2 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 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 A-3 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 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. 1.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. A-4 J.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 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE 2020 NON-ANNEXATION AGREEMENT This 2020 NON-ANNEXATION AGREEMENT (“Agreement” or “2020 NAA”), entered into on the Effective Date, is by and between the CITY OF DENTON, TEXAS (the “City”) and JANICE LYNN ARCHER (“Owners”), the property owners of the hereinafter described property (the “Property”) in Denton County, Texas (Owners and City also singularly a “Party” or collectively “Parties”) Being 2.0 acre tract of land, more or less, situated in the M. Forrest Survey, Abstract No. 417, Denton County, Texas, more fully described that Warranty Deed dated October 13, 2016, from Brad Archer to Janice Archer, filed for record on October 20, 2016, and recorded in Instrument No. 2016-132761, of the real property records of Denton County, Texas, commonly known as DCAD Property ID 696103 . RECITALS WHEREAS, pursuant to Chapter. 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 all eligible property owners within DH12 non-annexation development agreements (“Ch. 43 NAAs”), 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 NAAs in lieu of the City’s annexation in 2015 and 2016 (collectively, “Extended Ch. 43 NAAs”), of the Property in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, the Property is located within DH12, and since 2010 the Property has held a valid Ch. 43 NAA that was executed by the Owners and the City pursuant to Chapter 43 of the Tex. Loc. Gov’t Code, and subsequently extended in 2015 and 2016; and WHEREAS, the term of the Extended Ch. 43 NAA ends on August 1, 2020; and WHEREAS, the Denton City Council has offered to extend the term of the Extended Ch. 43 NAAs for an additional twenty (20) years to all eligible property owners within DH12; and WHEREAS, the Denton County Appraisal District records show that the Property is not currently 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 thus is not eligible to receive a Ch. 43 NAA; and WHEREAS, despite no longer having a valid agricultural, wildlife management or timber land ad valorem tax exemption, the Owners and the City desire to allow the Property to remain in the extratemitorial jurisdiction (“ETJ”) in accordance to the similar terms and conditions that are contained in a Ch. 43 NAA; and WHEREAS, Sec. 212.172 of the Tex. Loc. Gov’t Code authorizes a property owner and a municipality to enter into an agreement (“212.172 NAA”) for purposes of retaining land in the ETJ in 1 exchange for the property owner’s covenant not to develop the property and to authorize the municipality to apply its regulations and development authority not inconsistent with agricultural use; and WHEREAS, for all intents and purposes, a 212. 172 NAA is very similar to a Ch. 43 NAA, except that a 212.172 NAA does not require the Property to possess a valid agricultural, wildlife management or timber land ad valorem tax exemption; and WHEREAS, the City continues to desire to allow the Property to remain in the City’s ETJ for a term of twenty (20) years through this 212.172 NAA, which agreement amends and extends the term of the Ch. 43 NAA and Extended Ch. 43 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 212.172 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, the Parties agree that this 212.172 NAA is entered into pursuant to Section 2 12.172 of the Tex. Loc. Gov’t Code, in order to address the desires of the Owners to remain in the City’s ETJ and the procedures of the City; and WHEREAS, upon expiration of the 212.172 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 9 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-related residential dwellings and accessory uses 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. b. C. d. e. f g. h. i. J. k. 1. International Building Code, 2012 Edition with local amendments; International Residential Code, 2012 Edition with Appendix G and local amendments; The International Fire Code, 2012 Edition with local amendments; International Plumbing Code, 2012 Edition with local amendments; International Fuel Gas Code, 2012 Edition with local amendments; International Mechanical Code. 2012 Edition with local amendments Code of Ordinances of Chapter 17, Property Maintenance Code, as amended; International Energy Conservation Code, 2012 Edition, with regional amendments; National Electric Code, 2011 Edition, with local amendments; National Electric Safety Code, 2012 Edition, with regional amendments; Minimum housing and building standards, Code of Ordinances, Sections 17-141 – 196, as amended and as applicable; and 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; 3 (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 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 212.172 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 4 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 of the Owners 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 Owners 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 Owners 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 1'1 . 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 the 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”) unless otherwise terminated pursuant to the provisions of this Agreement. 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 See. 212.172(b)(7) of Tex. Loc. Gov’t Code. 5 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. HI+L Entered into this -7 day of <ARUM1 , 201. OWNERS bY--cl \ ArrEST CITY SECRETARY S 1)ff : 111%gWIIa THE CITY OF DENTON, TEXAS tIll\\ F [anager, or Assistant THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 20 ,by day of 3 6 Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } Thi, i„,t„,m,„t w„ „knowl,d„d b,f„, m, ,„ th, IA 204, by aRs\\=, q&>w Wct,d day of My NotHy IDf l©8743® Expires WEI)# 14, m lblic, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 20 ,by day of -9 Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the20 ,by day of Notary Public, State of Texas THE STATE OF TEXAS } 7 COUNTY OF DENTON } This instrument was acknowledged before me on CityMo '„ eh'y„ rna/, ,2Mbz,“ Manager/Deputy City ManagMssistant City hM tate of Texas APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY After recording return to: City of Denton 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. 2. 3. Normal patrols and responses; 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. 2. 3. 4. 5. 6. Fire suppression and rescue; Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; Hazardous materials response and mitigation; Emergency prevention and public education efforts; Technical rescue response; and Construction Plan Review and required inspections. 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 A-1 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. 2. 3. Emergency medical dispatch and pre-arrival First Aid instructions; Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 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 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 A-2 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 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 A-3 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 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. 1.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. A-4 J.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. 11. 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 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE 2020 NON-ANNEXATION A(,REEMENT This 2020 NON-ANNEXATION AGREEMENT (“Agreement” or “2020 NAA”), entered into on the Effective Date, is by and between the CITY OF DENTON, TEXAS (the “City”) and WILLIAM W BUTLER AND SANDRA K BUTLER (“Owners”), the property owners of the hereinafter described property (the “Property”) in Denton County, Texas (Owners and City also singularly a “Party” or collectively “Parties”): A 3.215 acre tract of land, more or less, situated in the Moreau Forrest Survey, Abstract No. 417, Denton County, Texas, and being more fully described in that Warranty Deed dated August 17, 1998, from Coy Rollins and wife, Charlie May Rollins, to William W. Butler and Sandra K. Butler, filed for record on September 3, 1998, and recorded in Volume 4168, Page 1818, of the Real Property Records of Denton County, Texas. Said 3.215 acre tract of land is commonly known as DCAD Property ID 206235. RECITALS WHEREAS, pursuant to Chapter. 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 all eligible property owners within DH12 non-annexation development agreements (“Ch. 43 NAAs”), 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 NAAs in lieu of the City’s annexation in 2015 and 2016 (collectively, “Extended Ch. 43 NAAs”), of the Property in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, the Property is located within DH12, and since 2010 the Property has held a valid Ch. 43 NAA that was executed by the Owners and the City pursuant to Chapter 43 of the Tex. Loc. Gov’t Code, and subsequently extended in 2015 and 2016; and WHEREAS, the term of the Extended Ch. 43 NAA ends on August 1, 2020; and WHEREAS, the Denton City Council has offered to extend the term of the Extended Ch. 43 NAAs for an additional twenty (20) years to all eligible property owners within DH12; and WHEREAS, the Denton County Appraisal District records show that the Property is not currently 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 thus is not eligible to receive a Ch. 43 NAA; and WHEREAS, despite no longer having a valid agricultural, wildlife management or timber land ad valorem tax exemption, the Owners and the City desire to allow the Property to remain in the extraterritorial jurisdiction (“ETJ“) in accordance to the similar terms and conditions that are contained in a Ch. 43 NAA; and WHEREAS, Sec. 212.172 of the Tex. Loc. Gov’t Code authorizes a property owner and a municipality to enter into an agreement (“212.172 NAA”) for purposes of retaining land in the ETJ in 1 exchange for the property owner’s covenant not to develop the property and to authorize the municipality to apply its regulations and development authority not inconsistent with agricultural use; and WHEREAS, for all intents and purposes, a 212. 172 NAA is very similar to a Ch. 43 NAA, except that a 212.172 NAA does not require the Property to possess a valid agricultural, wildlife management or timber land ad valorem tax exemption; and WHEREAS, the City continues to desire to allow the Property to remain in the City’s ETJ for a term of twenty (20) years through this 212.172 NAA, which agreement amends and extends the term of the Ch. 43 NAA and Extended Ch. 43 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 212.172 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, the Parties agree that this 212. 172 NAA is entered into pursuant to Section 212.172 of the Tex. Loc. Gov’t Code, in order to address the desires of the Owners to remain in the City’s ETJ and the procedures of the City; and WHEREAS, upon expiration of the 212.172 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 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 extratemitorial 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-related residential dwellings and accessory uses 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. b. C. d. e. f g. h. 1. J. k. 1. International Building Code, 2012 Edition with local amendments; International Residential Code, 2012 Edition with Appendix G and local amendments; The International Fire Code, 2012 Edition with local amendments; International Plumbing Code, 2012 Edition with local amendments; International Fuel Gas Code, 2012 Edition with local amendments; International Mechanical Code, 2012 Edition with local amendments Code of Ordinances of Chapter 17, Property Maintenance Code, as amended; International Energy Conservation Code, 2012 Edition, with regional amendments; National Electric Code, 2011 Edition, with local amendments; National Electric Safety Code, 2012 Edition, with regional amendments; Minimum housing and building standards, Code of Ordinances, Sections 17-141 – 196, as amended and as applicable; and 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; 3 (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 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 212.172 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 4 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 of the Owners 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 Owners 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 Owners 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 1 1. 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 the 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”) unless otherwise terminated pursuant to the provisions of this Agreement. 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. 5 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 thta day I 2021 OWNERS S„„h £.'$;La , d41.AIr, ATTEST: CW SECRETARY THE CITY OF DENTON, TEXAS Its: City Manager,–Dep1 Assistant City Manager City Manager, or ,IIt 111111 THE STATE OF TEXAS COUNTY OF DENTON } } SHERRI R. THURMAN Notary Public. State of Texas Comm. Expires 02-09'2021 Notary ID 13099962-3 IM& Public, State oTTexas THE STATE OF TEXAS COUNTY OF DENTON } } SHERRESIIEIgml Notary Public, State of Texas Comm. Expires 02.09-2021 Notary ID 13099962-3 THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 2021, by day of 9 THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 2021, by Notary Public, State of Texas day of Notary Public, State of Texas THE STATE OF TEXAS } }COUNTY OF DENTON 2021 City APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY After recording return to: City of Denton ANn.: 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) 1. 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. 2. 3. Normal patrols and responses; 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. 2. 3. 4. 5. 6. Fire suppression and rescue; Pre-hospital medical services including triage, treatment and transport Advanced Life Support (ALS) fire engines, trucks and ambulances; by Hazardous materials response and mitigation; Emergency prevention and public education efforts; Technical rescue response; and Construction Plan Review and required inspections. 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 A-1 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. 2. 3. Emergency medical dispatch and pre-arrival First Aid instructions; Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 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 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 A-2 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 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 A-3 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 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. 1.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. A-4 J.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. ll. 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 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE 2020 NON-ANNEXATION AGREEMENT This 2020 NON-ANNEXATION AGREEMENT (“Agreement” or “2020 NAA”), entered into on the Effective Date, is by and between the CITY OF DENTON, TEXAS (the “City”) and ALEJANDRO LOPEZ AND AIDE AYALA (“Owners”), the property owners of the hereinafter described property (the “Property”) in Denton County, Texas (Owners and City also singularly a “Party” or collectively “Parties”) : Being 19.009 acres of land, more or less, situated in the M. Forrest Survey, Abstract No. 417, Denton County, Texas, described that Warranty Deed with Vendor’s Lien dated April 5, 2017, from Brad Archer, aka Bradley T. Archer and Faith E. Archer, husband and wife, to Alejandro Lopez and Aide Ayala, filed for record on May 19, 2017, and recorded in Instrument No. 2017-59018, of the real property records of Denton County, Texas, commonly known as DCAD Property ID 706728. RECITALS WHEREAS, pursuant to Chapter. 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 all eligible property owners within DH12 non-annexation development agreements (“Ch. 43 NAAs”), 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 NAAs in lieu of the City’s annexation in 2015 and 2016 (collectively, “Extended Ch. 43 NAAs”), of the Property in the Annexation Area not otherwise excluded by operation of State law; and WHEREAS, the Property is located within DH 12, and since 2010 the Property has held a valid Ch. 43 NAA that was executed by the Owners and the City pursuant to Chapter 43 of the Tex. Loc. Gov’t Code, and subsequently extended in 2015 and 2016; and WHEREAS, the term of the Extended Ch. 43 NAA ends on August 1, 2020; and WHEREAS, the Denton City Council has offered to extend the term of the Extended Ch. 43 NAAs for an additional twenty (20) years to all eligible property owners within DH12; and WHEREAS, the Denton County Appraisal District records show that the Property is not currently 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 thus is not eligible to receive a Ch. 43 NAA; and WHEREAS, despite no longer having a valid agricultural, wildlife management or timber land ad valorem tax exemption, the Owners and the City desire to allow the Property to remain in the extraterritorial jurisdiction (“ETJ”) in accordance to the similar terms and conditions that are contained in a Ch. 43 NAA; and WHEREAS, Sec. 212.172 of the Tex. Loc. Gov’t Code authorizes a property owner and a municipality to enter into an agreement (“212.172 NAA”) for purposes of retaining land in the ETJ in 1 exchange for the property owner’s covenant not to develop the property and to authorize the municipality to apply its regulations and development authority not inconsistent with agricultural use; and WHEREAS, for all intents and purposes, a 2 12. 172 NAA is very similar to a Ch. 43 NAA, except that a 212.172 NAA does not require the Property to possess a valid agricultural, wildlife management or timber land ad valorem tax exemption; and WHEREAS, the City continues to desire to allow the Property to remain in the City’s ETJ for a term of twenty (20) years through this 212.172 NAA, which agreement amends and extends the term of the Ch. 43 NAA and Extended Ch. 43 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 212.172 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, the Parties agree that this 212.172 NAA is entered into pursuant to Section 212. 172 of the Tex. Loc. Gov’t Code, in order to address the desires of the Owners to remain in the City’s ETJ and the procedures of the City; and WHEREAS, upon expiration of the 212.172 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 9 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-related residential dwellings and accessory uses 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. b. C. d e. f g. h. 1. J. k. 1. International Building Code, 2012 Edition with local amendments; International Residential Code, 2012 Edition with Appendix G and local amendments; The International Fire Code, 2012 Edition with local amendments; International Plumbing Code, 2012 Edition with local amendments; International Fuel Gas Code, 2012 Edition with local amendments; International Mechanical Code, 2012 Edition with local amendments Code of Ordinances of Chapter 17, Property Maintenance Code, as amended; International Energy Conservation Code, 2012 Edition, with regional amendments; National Electric Code, 2011 Edition, with local amendments; National Electric Safety Code, 2012 Edition, with regional amendments; Minimum housing and building standards, Code of Ordinances, Sections 17-141 – 196, as amended and as applicable; and 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; 3 (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 1 80 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 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 212.172 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 4 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 of the Owners 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 Owners 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 Owners 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 the 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”) unless otherwise terminated pursuant to the provisions of this Agreement. 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. 5 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 /g#bay of :20Z\ OWNERS ATTEST: crrY SECRETARY THE CITY OF DENTON, TEXAS THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 20 ,by day of 6 Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } 204,b&H"L'F=’'"'Y""=“''’'''""''"'/£"“ ''J""mr CHRISThN GARCIA MyNotNy ID # lw43n ExfjrwWfTdH 14, a@I qr a6-ta THE STATE OF TEXAS COUNTY OF DENTON } } day ofledged before me on the '4r L PuaNp THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 20 ,by day of Notary Public, State of Texas THE STATE OF TEXAS } 7 COUNTY OF DENTON } trument was pcknowIJedged before me on the lay 7//1 City Manager/Deputy 1 behalf of the city of Denton, Fm 208, by istant City To ublic' STATE 6F TEXAS ID#125830537 Comm.Sept. 7, 2022 Not;nI It; of Texas APPROVED AS TO LEGAL FORM: AARON LEAL. CITY ATTORNEY After recording return to: City of Denton AHn.: 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. 2. 3. Normal patrols and responses; 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. 2. 3. 4. 5. 6. Fire suppression and rescue; Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; Hazardous materials response and mitigation; Emergency prevention and public education efforts; Technical rescue response; and Construction Plan Review and required inspections. 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 A-1 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. 2. 3. Emergency medical dispatch and pre-arrival First Aid instructions; Pre-hospital emergency Advanced Life Support (ALS) response; and transport; 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 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 A-2 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 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 A-3 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 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. 1.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. A-4 J.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 MY3 GROUP INVESTMENT LLC (“Owners“), the property owners of the hereinafter described properly (the “Property“) in Denton County. Texas: Being a 10,807 acre tract of land, more or less, situated in the Gideon Walker Survey, Abstract No. ] 330, Denton County, Texas. and being more fully described in that Warranty Deed dated July 3, 1980, from Arthur L. Vaughn, et al, to Frances Vaughn Ashby, filed for record on December 12, 1980, and recorded in Volume 1050, Page 839, of the Real Property Records of Denton County, Texas, SAVE and EXCEPT that portion lying within the existing city limits, leaving a called 7.413 acre tract of land that is commonly known as DC AD Property ID 38444 RECITALS WHEREAS1 this Agreement is entered into pursuant to Sections 43.016 and 212. 1 72 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. 43.01 6 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, 1 72 of Tex. Loc. Gov’t Code, in lieu of the City’s annexation in 201 0, as well as extensions of said NAA in lieu of the City’s annexation in 201 5 and 20 1 6 (collectively, “Extended NA As”), 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. 2 12. 1 72 of the Tex. Loc. Gov’t Code fOI purposes of retaining land in the nlunicipality’s extraterritorial jurisdiction (ETJ) in exchange for the propeIty owner’s covenant not to develop the property and to authorize the munlclpality to apply regulations and development authority not i nconsi stent 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 Propelly 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 Properly 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 Palties hereto agree as follows Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritoridl 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 constlucted 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. 1 72(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 2 that the application of such regulations does not result in interference with the use of the land fOI agricultural, wildlife management or forestl)' 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, ds amended and the most recent Norlh 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: d. b C d e, f g h J k I International Building Code. 2012 Edition with local amendments: International Residential Code, 2012 Edition with Appendix G and local amendments: The International Fire Code, 20 12 Edition with local amendments; International Plumbing Code, 20 12 Edition with local amendments; International Fuel Gas Code. 2012 Edition with local amendments; International Mechanical Code, 2012 Edition with local amendments Code of Ordinances of Chapter 17, Propelly Maintenance Code, as amended: International Energy Conservation Code, 2012 Edition with regional amendments: National Electric, Code, 2012 Edition with local amendments National Electric Safety Code, 20 1 2 Edition, with regional amendments: Minimum housing and building standards, Code of Ordinances, Sections 1 7- 141 – 196, as amended and as applicable; and Irrigation Systems, Code of Ordinances, Sections 28-441 – 457: (4) Sign reguldtions1 ds 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; q-) (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 applicableJ 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 Parti Petition for Voluntary Annexationi 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 TFLE 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 4 OWNER hEREBY AGREES TO TUE CITY’S LIST AND SCHEDULE OF MUNIC'IPAL SERVICES SET FORTH IN EXHIBIT “ A“ BY SIGNING THIS AGREEMENT AND OWNER AGREES THAT THE 2020 NAA SERVES AS THE WRITTEN AGREEMENT RE(,ARDING 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’ wdtten 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 lun 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 1 1 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 5 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 voluntal)' annexation of the Property Owner agrees that such annexation shall be voluntary and consents to the annexation pursuant to Sec. 212.1 72(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 SI(,NED THIS AGREEMENT, AND OWNERS COVENANT AND AGREE, JOTNTLY AND SEVERALLY, TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CTTY 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 h g day of P>a,J\, 202'1 OWNERSp.GL C V4M9£ kOS IfA#M4K4M @p r)V ) ATTEST: crrY SECRETARY 1:B !][ IiIW:A) THE CITY By OF DENTON, T Mana-gar, Dept City Managel \ tIll I OF ee ty City//’Mqnager or THE STATE OF TEXAS } COUNTY OF DENTON } :o=u4““’"'"""'"'+'“; THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 202 1, by day of Notaly Public, State of Texas TUE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 202 1 , by day of Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowledged before me on the 202 1 , by day of Notary Public, State of Texas ThE STATE OF TEXAS } COUNTY OF DENTON } This instrument was acknowl :a 1 1 a g e r/ JrEfIbI =1a tVily =][V1L a:IIL gb:n)I 202 ] City APPROVED AS TO LEGAL FORM AARON LE_AL, CITY ATTORNEY After recording retllrn to: City of Denton ANn.: City Secretary 215 E. McKinney St. Denton, TX 76201 EXHIBIT “A“ LIST AND SCHEDULE OF MUNTCTPAL SERVICES (PURSUANT TO TEX. LOC. GOVT. CODE SEC. 43.0672(b) T. 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 I 2 aJ 4 Normal patrols and responses; Handling of complaints and incident reporls; Special units, such as traffic enforcement, investigations weapons; and Coordination with other public safety support agencies and special 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 characteri stics of topography, land use, and population density B.Fire Protection The Denton Fire DepaItment (DFD) will provide emergency and fire prevention services to the annexation area. These services include 1 2 aJ 4 5 6 Fire suppression and rescue: Pre-hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; Hazardous materials response and mitigation; Emergency prevention and public education efforts; Technical rescue response; and Construction Plan Review and requi red 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 IVTedical Service The Denton Fire Department (DFD) will provide the following emergency and safety sen,ices to the annexation area. These services include I 2 a-) Emergency medical dispatch and pre-arrival First Aid instructions; Pre-hospital emergency Advanced Life Support (ALS) response: transport ; Medical rescue services and Emergency Medical Selvices (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 entitles 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 parlicipation 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 ,naintained 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 ownel 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 IO 195 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 palticipation shall be in accordance with the Denton Development Code, Water/Wastewater Criteria Manual. and with existing City ordihances 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 pall 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 basi s 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 budgetaI)' 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 1.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 constlucted based on park policies defined in the Park Master Plan and other existing City ordinances and policies J 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 Pernritting 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 infrastmcture 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, 11. 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