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A22-0002cORDINANCE NO. A22-OO02C AN ORDrNANCE OF THE CITY OF DENTON, TEXAS ANNEXrNG APPROXIMATELY 82.96 ACRES OF LAND, GENERALLY LOCATED ON THE NORTH SIDE OF BARTHOLDROAD APPROXIMATELY 1,300 FEET WEST OF INTERSTATE 35 (1-35) INTO THE CITYOF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A CORRECTION TO THECITY MAP TO INCLUDE THE ANNEXED LAND; AND PROVIDING FOR A SAVINGS CLAUSE AND AN EFFECTIVE DATE. (A22-00020) WHEREAS, pursuant to Subchapter C-3, Chapter 43, Texas Local Government Code, a municipality may annex an area if the property owner requests the annexation; and WHEREAS, the applicant Aimee Bissett of 97 Land Company LLC, on behalf of the property owner, Harlan Property Inc. (hereafter referred to as “Owner”), submitted a petition for voluntary annexation of approximately 82.96 acres of land in Denton County, Texas described in Exhibit A attached hereto and incorporated herein (“Property”); and WHEREAS, the City of Denton and Owner have entered into a written Municipal Services Agreement for the provision of full municipal services to the Property to be annexed, in accordancewith Tex. Loc. Gov’t. Code Sec. 43.0672, and said agreement was approved by the City Council on October 18, 2022; and WHEREAS, on October 18, 2022, the City Council held a public hearing to provide persons interested in the annexation the opportunity to be heard and to adopt an ordinance annexing the area, pursuant to See. 43.0673 of the Tex. Loc. Gov’t. Code; and WHEREAS, annexation proceedings were instituted for the Property upon the first reading of the ordinance at the City Council meeting on October 18, 2022; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation proceedings were instituted, and 30 days prior to City Council taking final action, as required by Sec. 1.03 of the City Charter; and WHEREAS, a second reading of the ordinance was conducted and final action on theannexation was taken at the City Council meeting on December 6, 2022; and WHEREAS, the Denton City Council hereby deems it to be in the best interests of the citizensof the City of Denton to approve the annexation of the Property; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The real property described in Exhibit A and depicted on Exhibit B, attached hereto and incorporated herein by reference, is annexed into the City of Denton, Texas. SECTION 3. A Municipal Service Agreement approved by Ordinance No. A22-0002 is attached as Exhibit C and made a part hereof for all intents and purposes. SECTION 4. The newly annexed property shall be included within the corporate limits of the City of Denton, Texas, thereby extending the City’s corporate limits and granting to all inhabitants of the newly annexed property all of the rights and privileges of other citizens and bringing the inhabitants to all of the ordinances, resolutions, acts, and regulations of the City. A copy of this Ordinance shall be filed in the real property records of the Denton County Clerk and within the Denton County Appraisal District. SECTION 5. The City Manager is hereby authorized and directed to immediately correct the map of the City of Denton by adding thereto the additional territory annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance, and the ETJ resulting from such boundary extensions. 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 be effective immediately upon its passage. AND IT IS SO ORDERED *'.„.'A:''H=H"; '''' THthe following vote [b - L] : Aye V‘ P‘ b'- P Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck, District 2: Jesse Davis, District 3 : VACANT, District 4 : Brandon Chase McGee,At Large Place 5 :F /Chris Watts, At Large Place 6: Page 2 of 3 PASSED AND APPROVED thi,, th, ad,y ,f 22. Zbar//GERARD HUDSPETH, MAYOR IOSA IOS. CITY SECRETARY APPROVED AS TO LEGAL FORM: 1\\\11111111 Page 3 of 3 EXHIBIT ALEGAL DESCRIPTION BEING a tract of land situated in the S. L. Johnson Survey, Abstract No. 683, Denton County, Texas, and being a portion of Tract 1 (called 294.026-acres) and a portion of Tract 3 (called 86.132- acres), described in a Warranty Deed to Harlan Properties, Inc., as recorded in Volume 4296, Page 1246 of the Official Records of Denton County, Texas, and being more particularly described bymetes and bounds as follows: BEGINNING at the southeast corner of said Tract 3 (called 86.132-acres), same being the southwest corner of a called 20.9980-acre tract of land, described in a Special Warranty Deed toBlue Beacon International, Inc., as recorded in Instrument No. 2017-101448 of the Official Records of Denton County, Texas, same also being in Barthold Road, an apparent public use right of way, no record found, same also being on the current city limit line of the City of Denton; THENCE North 89'’37’20" West, along the southerly line of said Tract 3 (called 86.132-acres) and said Barthold Road, along the current city limit line of the City of Denton, a distance of1,305.82 feet to the southwest corner of said Tract 3 (called 86.132-acres), same being the southeast corner of a called 7.873-acre tract of land, described in a General Warranty Deed to Arthur Smuck and Kathryn Smuck, as recorded in Instrument No. 2018-61600 of the Official Records of Denton County, Texas; THENCE North 00'’52’15" East, departing said Barthold Road, along the westerly line of said Tract 3 (called 86.132-acres), the easterly line of said 7.873-acre tract, and continuing along the current city limit line of the City of Denton, a distance of 467.94 feet to the northeast corner ofsaid 7.873-acre tract; THENCE North 00'’57'32" East, along the common line of said Tract 1 (called 294.026-acres) and said Tract 3 (called 86.132-acres), at a distance of 1,944.17 feet passing the most westerly northwest corner of said Tract 3 (called 86.132-acres) and an interior ell corner of said Tract 1 (called 294.026-acres), and continuing crossing said Tract 1 (called 294.026-acres) for a total distance of 2,229.72 feet to a point for corner; THENCE North 77'’30'39" East, crossing said Tract 1 (called 294.026-acres) and said Tract 3 (called 86.132-acres), a distance of 1,300.11 feet to a point for corner on the easterly line of said Tract 3 (called 86.132-acres), same being on the westerly line of the remainder of a called 76.500 acre tract of land, described in a Special Warranty Deed to New Farms, LLC, as recorded in Instrument No. 2010-108304 of the Official Records of Denton County, Texas, same also being on the current city limit line of the City of Denton; THENCE South 00'09’11" West, along the easterly line of said Tract 3 (called 86.132-acres), the westerly line of said remainder of called 76.500-acre tract, and the westerly line of a called 30.00- acre tract of land, described in a Special Warranty Deed to Primoris Services Corporation, as recorded in Instrument No. 2020-1570440 of the Official Records of Denton County, Texas, and the westerly line of Lot 1, Block A of 1-35 Warehouse Addition, an addition to the City of Denton, according to the Final Plat, recorded in Document No. 2021-351 of the Plat Records of Denton Page 4 of 3 County, Texas, continuing along the westerly line of said Lot 1 and along the current city limit line of the City of Denton, a distance of 1,755.65 feet to the northeast corner of a called 1.00-acretract of land, described in a deed to Eagleridge Midstream, LLC, as recorded in Instrument No. 2018-70841 of the Official Records of Denton County, Texas; THENCE North 89'’50'49" West, along the northerly line of said 1.00-acre tract and along the current city limit line of the City of Denton, a distance of 148.62 feet to the northwest corner ofsaid 1.00-acre tract; THENCE South 00'’09’11" West, along the westerly line of said 1.00-acre tract and along the current city limit line of the City of Denton, a distance of 290.40 feet to the southwest corner ofsaid 1.00-acre tract; THENCE South 89'’50'49'’ East, along the southerly line of said 1.00-acre tract and along the current city limit line of the City of Denton, a distance of 148.62 feet to the southeast corner of said 1.00-acre tract, same being on the easterly line of said Tract 3 (called 86.132-acres), and the westerly line of said 1-35 Warehouse Addition; THENCE South 00'’09'11" West (bearing basis), along the easterly line of said Tract 3 (called 86.132-acres), the westerly line of said said 1-35 Warehouse Addition, passing the southwestcorner of said said 1-35 Warehouse Addition and the northwest corner of Lot 1, Block A of Blue Beacon International Addition, an addition to the City of Denton according to the Final Plat, recorded in Document No. 2019-171 of the Plat Records f Denton County, Texas, and continuing along the current city limit line of the City of Denton, a total distance of 941.02 feet to a point forcorner; to the POINT OF BEGINNING and containing 82.96 acres of land, more or less. This document was prepared under 22 TAC §138.95, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Page 5 of 3 EXHIBIT BLOCATION MAP b1-35Rampld6:iiI KING?Gm BEG:i?81RoDE Page 6 of 3 EXHIBIT CMUNICIPAL SERVICES AGREEMENT Page 7 of 3 MUNICIPAL SERVICES AGREEMENT This Municipal Service Agreement (" Agreement") is entered into this 1881 day of October 2022, by and between and the City of Denton, a Texas home-rule municipality (“City”), and the property owner, Harlan Property Inc. (hereafter referred to as “Owner”). RECITALS : WHEREAS, Section 43.0671 of the TLGC permits the City to annex an area if each owner of land in an area requests the annexation; WHEREAS, where the City elects to annex such an area, the City is required to enter into a written agreement with the property owner(s) that sets forth the City services to be provided for the Property on or after the efFective date of annexation; WHEREAS, the Owner owns one (1) tract of land, totaling approximately 169.69 acres of land (the “Full Project Area”), of which approximately 82.96 acres are being petitioned to be annexed, as described in Exhibit A and depicted in Exhibit B, incorporated herein by reference (“the Property”) and of which the remaining portion of the tract of land approximately 86.73 acres will remain in the City’s Extra-territorial Jurisdiction (ETJ); and WHEREAS, the Owner has filed a written petition with the City for voluntary annexation of the Property, identified as Annexation Case No. A22-0002 (“Annexation Case”); and WHEREAS, the City and Owner desire to set out the City services to be provided for the Property on or after the effective date of annexation; and WHEREAS, the Annexation Case and execution of this Agreement are subject to approval by the Denton City Council. NOW THEREFORE, in consideration of the mutual covenants, conditions, and promises contained herein, City and Owner agree as follows: 1.PROPERTY. This Agreement is only applicable to the Property, which is the subject ofthe Annexation Case. 2.INTENT. It is the intent of the City that this Agreement provide for the delivery of full, available municipal services to the Property in accordance with state law, which may be accomplished through any means permitted by law. 3.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 1 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 Property 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. Someof these services include: 1. 2. 3. 4. Normal patrols and responses; Handling of complaints and incident reports; Special units, such as traffic enforcement, investigationsweapons; 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 characteristics of topography, land use, andpopulation density. B.Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the Property. These services include: 1. 2. 3. 4. 5. Fire suppression and rescue; 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 having similar characteristics of topography, land use, and population density, onthe effective date of the ordinance. + As development commences in these areas, sufficient fire prot9ction, including personnel and equipment wiI i 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. 2 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 IMedical Service The Denton Fire Department (DFD) will provide the following Emergency Medical Services (EMS) and safety services to the Property. These services include: Emergency medical dispatch and pre-arrival First Aid instructions; Pre-hospital emergency Advanced transport; Life Support (ALS) response;and 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 solid waste collection services 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 Property immediately upon theeffective 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 and recycling collection service providers operating on the Property immediately prior to annexation may continue to utilize their existing service for up to 2 years in accordance with Texas Local Government Code. Shouid 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 ofDenton, pursuant to Chapter 24 of the Code of Ordinances. E.Wastewater Facilities 3 The Property 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 Public Utilities Commission (PUC). As new development occurs within the area surrounding the Property, sanitary sewer mains will be extended in accordance with the provisions of the Denton Development Code,Water/Wastewater Criteria Manual, ordinances and regulations. If required, 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. The sanitary sewer infrastructure shaH be compatible and consistent with the City’s wastewater master plan. Upon annexation, sanitary sewer mains and lin stations which are located within dedicated utility easements, public rights-of-way, or any other acceptable locations approved by the Director of Water Utilities, shall be maintained by the City beginning on the effective date of the ordinance approving the Annexation Case, if installed or improved to City standardswithin the Property. 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 theprivate property owner. Private wastewater facilities, otherwise known as Onsite Sewage Facilities (OSSFs), shall not be operated in a manner that causes a nuisance or is otherwise out of compliance with State and local codes. Modifications, alterations, or transfer of existing systems shall require an application for a system alteration and subsequent review of current system conditions for adherence to State and local codes. All systems disposing of final effluentwith surface irrigation shall require a maintenance contract with a licensed maintenance provider as required by Chapter 26 Article IX of the City’s codified ordinances. F.Water Facilities The Property 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 Public Utilities Commission (PUC). Connections to existing City of Denton water distribution mains for water service will be provided in accordance with the Denton Development Code, associated Water/Wastewater 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 the area surrounding the Property, any required extensions of water distribution mains, shall utilize cost participation and 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 in accordance with Public Utility Commission (PUC) and Texas Commission on 4 Environmental Quality (TCEQ) requirements for water distribution. The water infrastructure shall be compatible and consistent with the City’s water master plan. 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; provided no changes in property ownership occur. 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 road or 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 along the frontage of the Property upon the effective date of the ordinance approving the Annexation Case. Routine road or. street maintenance shall be provided along the frontage of the Property 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 road or street construction or reconstruction will be considered along the frontage of the Property 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 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 property owner. Any cost participation shall be in accordance with theDenton Development Code, Stormwater Criteria Manual, and with existing City ordinances and policies. Drainage facilities extended by the City will have to be a Capital Improvement Project (CIP) project and bonds will need to be sold. Drainage capacity shall 5 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.Electric The Property will be served with electricity distribution service in the most cost-effective manner; provided, however, that before the property owner may enter into a contract with an electricity distribution service provider, (i) the property owner shall provide the City with any and an bona fide offers that the property owner has received from electricity distribution service providers that can legally serve the Property and (ii) the City shall have 30 business days to provide to the property owner Denton Municipal Electric’s (“DME”) offer to provide distribution electricity service to the Property; and provided further, that if DME’s offer is substantially similar to the most cost-effective offer from another distribution electricity service provider that can legally serve the Property, then the property owner will obtain electricity distribution service from DME. The term “substantially similar” means that the terms of the offers provide the approximately the same level of service at approximately the same start-up cost to the property owner. Electric rates applicable to the property owner will be pursuant to the then applicable DMErates as approved by the Denton City Council. Such electricity service offers will be based upon the following terms: 1.The electricity distribution service provider will extend electric distribution facilities as necessary to serve full development of the Property. The electricity distribution service provider will evaluate the cost associated with service extension through the undeveloped area to determine if an Aid-in-Construction agreement is required. The electricity distribution service provider is responsible for installation of all primary-voltage electricalcables, transformers, switchgear, streetlight poles and LED streetlight fixtures, street light cables, single-family residential services, and othernecessary electric distribution and transmission system equipment in compliance with DW’S Electric Service Standards and Line Extension Policies currently in place at the time of development, whether onsite oroffsite as necessary to provide adequate and reliable electric service to the Property . 2 The property owner will provide all on-site public utility easements (PUEs) to the electricity distribution provider that are necessary to protect, install,safely operate and maintain the electric infrastructure, at no cost to the City. PUEs will be 8 feet in width adjacent to street rights-of-way in single family 6 residential areas, and 15 feet in width adjacent to Primary and SecondaryArterial rights-of-way (20 feet where duct banks are required). Easements will be conveyed through the platting process unless the electricity distribution service provider requests an easement be transferred byseparate instrument. The provider agrees to joint trench installation of other franchised utilities such as telephone, cable tv, fiber optic cables, or other non-gas utilities within the designated public utility easements as long as those utilities are on an edge shelf of the trench and not placed directlyabove the electric facilities. 3.Existing overhead electric distribution lines, which are located in the public rights-of-way, will be relocated by the electricity distribution service provider at no cost to the property owner when development adjacent to theexisting electric line requires the line to be relocated in order to accommodate the adjacent development as long as the relocation is also to an overhead position. If the property owner requests the relocation be placed underground, then the property owner shall be responsible for the difference in cost between the overhead relocation and the underground relocation as reasonably determined and demonstrated by the electricity distribution service provider. Existing overhead electric distribution lines not owned by the electricity distribution service provider will be relocated underground by the owner of the lines if so required to comply with theDenton Development Code. 4.The property owner will comply with those City approved policies withinthe DME Electric Service Standards (ESS), as amended, that are available on the City website and uniformly applied within the City, including the specifications for street lighting. 5.All new distribution electric service within the surrounding area of the Property shall be placed underground except for necessary above ground appurtenances such as streetlights, switchgear and transformers. The City shall have the right to inspect the electric facilities prior to placing suchfacilities into use. J.Parks, Playgrounds, Swimming Pools Residents of the Property 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 new development occurs within the area surrounding the Property, additional park and recreation facilities shall be constructed based on park policies defined in the Parks, Recreation and Trails System Master Plan and other existing City ordinances and policies. K.Publicjy Owned Facilities. Any publicly owned facility, building, or service located within the Property, and not otherwise owned or maintained by another governmental 7 entity, shall be maintained by the City of Denton on the effective date of the annexationordinance. L. M. Permitting and Inspections. Permitting and Inspections shall be obtained through the City of Denton, as outlined in the Code of Ordinances. 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 ordinance approving the Annexation Case. The City of Denton shall provide a level ofservices, 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. 4.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 Property, if different characteristics of topography, land use, and population density justify different levels of service. 5.AUTHORITY City and Owner represent that they have full power, authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement. Owner acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City Council. Nothing in this Agreement guarantees favorable decisions by the City Council. 6.EFFECTIVE DATE; TERM The effective date of this Agreement is the date of the ordinance approving the Annexation Case. This Agreement shall be valid for a term often (10) years from the Effective Date. 7.VENUE AND GOVERNING LAW Venue shall be in the state courts located in Denton County, Texas or the United States District Court for the Eastern District of Texas. This Agreement shall be governed andconstrued in accordance with the laws and court decisions of the State of Texas. 8. 9. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, City does not waive or surrender any of its governmental powers or imrnunities. SEVERABELITY In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 8 10.COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 11.CAPTIONS The captions to the various clauses of this Agreement are for informational purposes onlyand shall not alter the substance of the terms and conditions of this Agreement. 12.SUCCESSORS AND ASSIGNS The terms and conditions of this Agreement are binding upon the successors and assigns of the Parties to this Agreement and stand as obligations running with the land until satisfied in full, regardless of how the Property is developed. 13.ENTIRE AGREEMENT; AMENDMENT. This Agreement constitutes the complete agreement of the parties to this Agreement and supersedes all prior written agreements between the parties. This Agreement shall not beamended unless executed in writing by both parties. The Parties stipulate that this Agreement does not constitute a permit for development under Chapter 245 of the TexasLocal Government Code. The parties have executed this Agreement on the date first above written. OWNER CITY OF DENTON, TEXAS By: Suresh Shridharani, Harlan Property Inc.B C Assistant City Manager :rlager, or THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. SignatureC/h Title h',L"n“ Department D,t, Sign,d, \Qll taY APPROVED AS TO LEGAL FORM: Mack Reinwand, City Attorney 10 EXHIBIT ALOCATION MAP 1-3S - a'.iP MSPPliA- tRUK!L BiOOk EXHIBIT BLEGAL DESCRIPTION BEING a tract of land situated in the S. L. Johnson Survey, Abstract No. 683, Denton County, Texas, and being a portion of Tract 1 (called 294.026-acres) and a portion of Tract 3 (called 86. 132- acres), described in a Warranty Deed to Harlan Properties, Inc., as recorded in Volume 4296, Page1246 of the Official Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of said Tract 3 (called 86.132-acres), same being the southwest corner of a called 20.9980-acre tract of land, described in a Special Warranty Deed toBlue Beacon International, Inc., as recorded in Instrument No. 2017-101448 of the Official Records of Denton County, Texas, same also being in Barthold Road, an apparent public use right of way, no record found, same also being on the current city limit line of the City of Denton; THENCE North 89'>37'20" West, along the southerly line of said Tract 3 (called 86.132-acres) and said Barthold Road, along the current city limit line of the City of Denton, a distance of1,305.82 feet to the southwest corner of said Tract 3 (called 86.132-acres), same being the southeast corner of a called 7.873-acre tract of land, described in a General Warranty Deed toArthur Smuck and Kathryn Smuck, as recorded in Instrument No. 2018-61600 of the Official Records of Denton County, Texas; THENCE North 00'’52’15" East, departing said Barthold Road, along the westerly line of said Tract 3 (called 86.132-acres), the easterly line of said 7.873-acre tract, and continuing along thecurrent city limit line of the City of Denton, a distance of 467.94 feet to the northeast corner of said 7.873-acre tract; THENCE North 00c’57'32" East, along the common line of said Tract 1 (called 294.026-acres) and said Tract 3 (called 86.132-acres), at a distance of 1,944.17 feet passing the most westerly northwest corner of said Tract 3 (called 86.132-acres) and an interior ell corner of said Tract 1 (called 294.026-acres), and continuing crossing said Tract 1 (called 294.026-acres) for a total distance of 2,229.72 feet to a point for corner; THENCE North 77'’30'39" East, crossing said Tract 1 (called 294.026-acres) and said Tract 3 (called 86.132-acres), a distance of 1,300.11 feet to a point for corner on the easterly line of said Tract 3 (called 86.132-acres), same being on the westerly line of the remainder of a called 76.500 acre tract of land, described in a Special Warranty Deed to New Farms, LLC, as recorded inInstrument No. 2010- 108304 of the Official Records of Denton County, Texas, same also being on the current city limit line of the City of Denton; THENCE South 00'’09'11" West, along the easterly line of said Tract 3 (called 86.132-acres), the westerly line of said remainder of called 76.500-acre tract, and the westerly line of a called 30.00- acre tract of land, described in a Special Warranty Deed to Primoris Services Corporation, asrecorded in Instrument No. 2020-1570440 of the Official Records of Denton County, Texas, and the westerly line of Lot 1, Block A of 1-35 Warehouse Addition, an addition to the City of Denton, according to the Final Plat, recorded in Document No. 2021-351 of the Plat Records of Denton 12 County, Texas, continuing along the westerly line of said Lot 1 and along the current city limit line of the City of Denton, a distance of 1 ,755.65 feet to the northeast corner of a called 1.00-acretract of land, described in a deed to Eagleridge Midstream, LLC, as recorded in Instrument No. 2018-70841 of the Official Records of Denton County, Texas; THENCE North 89'’50'49" West, along the northerly line of said 1.00-acre tract and along thecurrent city limit line of the City of Denton, a distance of 148.62 feet to the northwest corner of said 1.00-acre tract; THENCE South 00'’09'11" West, along the westerly line of said 1.00-acre tract and along the current city limit line of the City of Denton, a distance of 290.40 feet to the southwest corner ofsaid 1.00-acre tract; THENCE South 89'’50'49" East, along the southerly line of said 1.00-acre tract and along the current city limit line of the City of Denton, a distance of 148.62 feet to the southeast corner of said 1.00-acre tract, same being on the easterly line of said Tract 3 (called 86.132-acres), and the westerly line of said 1-35 Warehouse Addition; THENCE South 00'’09’11 " West (bearing basis), along the easterly line of said Tract 3 (called86.132-acres), the westerly line of said 1-35 Warehouse Addition, passing the southwest corner of said 1-35 Warehouse Addition and the northwest corner of Lot 1, Block A of Blue Beacon International Addition, an addition to the City of Denton according to the Final Plat, recorded in Document No. 2019-171 of the Plat Records f Denton County, Texas, and continuing along the current city limit line of the City of Denton, a total distance of 941.02 feet to a point for corner;to the POINT OF BEGINNING and containing 82.96 acres of land, more or less. This document was prepared under 22 TAC §138.95, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. 13