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2010-068s:laur dacumentslardinancesll~ldh-2 accepting nan annexation agreements,dac oRDINANCE NO, ~ ~~~~g AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE NON-ANNEXATION AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES WITHIN AN AREA OF LAND ADJACENT TG AND ABUTTING THE EXISTING CITY LIMITS OF THE CITY OF DENTON, TEAS, GENERALLY IDENTIFIED AS DH-2 OF APPROXIMATELY X58 ACRES LOCATED ON THE SOUTH SIDE OF UNIVERSITY DRIVE, WEST AND EAST SIDES OF THOMAS J, ELAN ROAD, NORTH CF JIM CHRISTAL ROAD, WEST OF MASCH BRANCH ROAD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, pursuant to Section 43,06I, 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-2, as hereinafter described; and WHEREAS, Section 43,035, Subchapter B, Local Government Code requires the City to male offers of non-annexation development agreements to the owners of all properties which have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland within the area to be annexed; and WHEREAS, under anon-annexation agreement between an eligible property owner and the Cit ,the land subject to the agreement retains its extraterritorial status and the owners of y such land must abide by the City's development regulations as if such land were within the City limits, as provided further in such agreement; and WHEREAS, the city has offered said non-annexation agreements for a five year term in light of the rapid growth of the Denton area, the need to assure orderly growth, and the inadequate land area currently within the Denton city limits; and WHEREAS, the owners of some eligible properties have executed such nonyannexation agreements; the owners of other properties executed such non-annexation agreements but there were defects in the le al descri Lion of such ro ernes; and yet other owners to whom notices g P pp were sent did not execute the agreements within the allotted period of time, thereby declining the City's offer; and WHEREAS the Cit and the owners of eli ible ro ernes with insufficient le al Y g p p g descriptions have corrected defects therein; and WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of the City of Denton to enter into such non-annexation agreements with eligible property owners who timely submitted non-annexation agreements and have now corrected any legal defects therein; NOW, THEREFORE, E 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. s;lour documentslordir~anccsll0ldh-2 accepting non an~lexation agreements,~oc SECTION 2. The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, l~nown as DID-2, 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 non-annexation agreements relating to eligible properties within that parcel identified as DID-~, as described and depicted in Exhibits A and B, which have been properly executed by the owners of those properties and which have legally sufficient property descriptions, are hereby approved by the City of Denton and are attached hereto and incorporated herein b reference as Exhibits "C-1" throw h "C- Y g SECTION 4. The City Manager is authorized and directed to sign the non-annexation a reements contained within Exhibits "C-1"through "C-~" for and on behalf of the City of g ~ Denton as a m~nister~al act, but with an effective date of this Council s action on same. The City Manager shall further arrange forthwith for the recordation ofnon-annexation agreements in the real property records of Denton County, Texas. SECTION 5. In the event the City Council does not annex that parcel identified as DH-2, 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 sub j ect 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. AND IT IS SO ORDERED, Passed by the City Council reading this 2n~ day of ~ , 20I o. r f MARK ..,B UGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPRO ED AS O LEGAL FORM: ANITA SURGES S, CITY ATTORNEY BY. ~ ~ ~ ~ Page 2 L` 1~1.V~T « A ~9 Anne~.ation Tract Dk~~ those certain lots, tracts or parcels of land lying anal being situated in the bounty of Denton., State of Texas and presently being wholly surrounded and fully embxaced by ~e . Denton city limit bo~.da~.es of record anal established by the annexation. ordinances as follows; Ordinance 19~~-~0 Tract Ordinance 19'4-3~ ~'ract Ordinance l 98~~5~, Ordinance 1983~~0, Ordinance 1~~~~48, Ordinance 1~$~~1~2, anal Ordinance 200229; and being .ore speci~.cally described as follows: . . . � sJ * �� I�� at t.�� nar�hv�rest c�rne� �� t�e s��j �ct �r�p�rty, th�s paint b�ing ��ie r�ot-theast ��rn�� af �a�r��x�y c�es��i�ed ir� �rc��.�� 48; TH��i'�E ��th �� ' ��'� ��st, � 88�,11 fee� to a point f�� a�a�ner; TH�N�� th 8�° 5�' �'�" �ast 1� 74.� �'��t t� �. po��.t �n E��.a. R�ad; T�3EN�� S�uth ��° �3' � 1" �as� v�th �ai� �aga.r� ��ad 14n� �'e�� to a �oix�t �steel �i�� at the ir�t��sect�o� �f �� a� ar�d ��m �hr�stal Road, �ei�� o� t�i� S o��. s�de of th� �.A. ��r � u�rv�y, T�El�� .��g t�ie ��r��xl�r�e �f Jirx� ��irista� �t�a� i� a ser��s �f �m.et�s and ��u��s, �n�xe ��mplet�Iy �les��b�� in �r�in��e ��-9�� TH.�I�� t� �. �air�t ir� J�� st�� R�a� c��scr�b�d as t�� s��t�.east ��xr��r o� the ��rop�rt� ��scr�� in C��r�.i��c� 8�� 2; T�3�IV�� I�or�h 4�° 11' ��" �1'�st, 3�31.�4 f�et ta �. p�i�t ca��ed �� a�#h�r�s� ca�� of �� pr�perty d�� ri� ec1 i� ��c�ir�a��e 8�� 1� 2; , �'�N�� outh 8 �� 28' �$'� E�t, 14� � � � 4 fe�t ta �, �a�r�� .�scri.�� n �rc��n�e 8 �- 1��r�.d ca��ed �he ��rth�ast ��r�.�r �f t�i� pr�per�� c�esc��e� i�. �a.id ��c�ina�,�e, alsa b�i�.� t�.e �o�hw�st cQx.��r �f t�ie �rap�rty c��s�rib�d �n �r��c� 24��9; ��E�� 1 �� 1$y� ��t� ��4+�'7 feet t� a ��i�t� TI��N�� o��h S�� 4�$ ��i ��+�� 1�1t� T��CE ��ut� ��° 3'�� 3�" easty �59.�� t� a po�� 'or �. corr��r; "�'HEN�� t�. U�° ��' �3" �ast, 1��8.40 fe�t t� p��r�t f�r a c�x�er; T'�iEN�� ut� �3° ��' �2'' �Ti��t, � 43 . � 4 ��et �� a ��int f�r a ca�e�r; TI-��N�� Sau#� ��° 33' ��'� �as� � 6.57 ��t t� � p�ir�t ��r a carn�r; 'r`HF1��E �ou.t�. 0�� 3' ��'y E�� .1 S �e�t to a �ai�.t �`�� cor��r; THEI�C� I��rt�i �9° � �' 43" �'est 7��. �� feet �� , �oxnt f�r a �orne�; T�� aut�i ��° 28' ��" East, �52 f��t t� a�air�t i�. the c��t��1i�e of �ix�. ��i.s� �oad, �.ls� �.Q� a� the sor��a�t ca�nex �f t�e �ro�erty d�sc�.b�d �n ��di..��c� ��Q�� ,Sc��I �7{��,I�� 5�3 i3�1�� 1� �1� �Q�� 1�t1� O� �3�'C3�J�� C��SCl'1��C� IIl ��`�11'��1G� �� I�; THENCE easteri along the nor~iern line of the prope~y described in Ordinance 69-44 Y I to aint described in Ordinance 82-52 as the southwest corner of said property; p THENCE northeriY along the west property line of the property described in Ordinance to the northwest earner of said property at which point the property intersects with the south property i~ne desc~.bed ire Ordinance 74~3~, firact oath ro ert line of the ra ert described in 4rdinanee 74-36, TI~ENCE follaw~ng the s p p y p p Y Tract V to the Point of Beginning. 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'"'tjS!_'f!3'I,'((!"S!':i(}'S~1'i ti';~E' 'C~'x!"; 7";I"~'•,' ,75~13,i:3. f}' ht ,SY, :~.!:'{iT'~ iy:ii}'~{I'Ctt:S~S:St};C:,'1(S Ely:lr'f 47'~<~)ti: ~':SS 1 S'S}:S ' ; s • ?'4^M•a Sig t~1 } 'r " ; r t~! d:'!C!~. tirii)'r S 1: 1}' F!.~..:47: ' n1 .r. ',?~2;~T'• rf~~3 i" 3ii i":k>, iars~ v i;51's:r.s ia`~SSfiti ;!li?if?i$ c7~a: a~?i it+ S , • ift_ .i;~,~+t•Fh~ii•F i~w _"'~h :itS'IN; ,;y(~rl .;l)!;i3'f r'•ft ~:~{'3: ~ ~ .,.......,~...»..........r...~........ ! ~ ~~~~5~ fit of Denton Texas 1 ~N~C~#0~5 Y ~H ~ ~ ~ICr~S ~ w ~ s fee! 0 4~Q ~Q~ ~,~~0 2,40 . After recording return too Jennifer Walters s:lour documcntslmiscellaneousl~Dla~mexatiansllisa fergasan & fames fergason.doc City Secretary 215 McKinney Denton, TX 76201 CHAPTER Z12 TEXAS LGCAL GGVERNMENT CODE N4N~ANNEXATIUN AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Lisa R.. Fergason & James Fergason ~"Gwners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being a called 4,735 acre tract of land, situated in the S. Huizar Survey, Abstract No. 514 and a called 2.$0 acre tract of land, situated in the G. Barb Survey, Abstract No. 20$, and being that portion lying outside of the city limits of 1 S.$$9 acres, more or less, described in that certain Deed of Gift dated December Z2, 1994 from James W. Wetzel and Freda J. Wetzel to Lisa K. Fergason and James Fergason, filed for record on December 27, 1994 and recorded in Instrument Number 94-R0093960 of the Real Property Records of Denton County, Texas, Sand 4,735 acre tract, more or less, and said 2.$0 acre tract, more or less, are commonly known as DCAD Property ID 60782 and DCAD Property ID 36633, respectively. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial lurlsdlctlon ~"ETJ"} for the term of this Agreement; WHEREAS, Gwners and the City acknowledge that this Agreement between them is binding upon the City and the Gwners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, GWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex, Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; EXHIBIT x 1 ° m. s:lour doeumentslmiscellaneaus1101annexationsllisa fergasan & fames fergasan,dac New, TfiEREFURE, 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 far the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement rota 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 far the Property in satisfaction of Tex. Loc. Gov't Code section Z 12,172~b}, Section 3, Governing ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed; ~1}Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999-BOZO, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals ~including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed.199S ~NCTCGG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and Z9, and DDC Subchapter Z4, adopting; a, international Building Code, 2006 Edition with local amendments; b. international Residential Code, 2006 Edition with Appendix G and local amendments; 2 s:lour documentslmiscellaneousll0lannexationsllisa fergason & fames fergason,doc c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Grdinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§25-383 43 7 and § § 17-141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441- 457; and m, Moving Buildings, Denton Code §§28326 - 375; ~4~ Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Grdinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Cade, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Con~rnission and Texas Commission on Environmental Quality, as amended. Section 4. Develo ment Plan to Remain in Effect, Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for 3 s:lour documentslmiscellaneousllDlannexationsllisa fergason & fames fergason.dac a period of ~ SO 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 otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 18D-day period during which the Development Plan is in effect. Section 5. A reement Deemed Void in Part• Volunta Annexation, ~A} if an owner files any application or plan of development for or otherwise cammences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc, Gov't Cade subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist, Qwners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex, Loc. Gov't Code section 43.452, or successor statute, Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 7241 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability.lnvalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. i Section 9. Remedies. This Agreement maybe enforced by either Gwner 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 ri hts as g to matters not addressed in this Agreement. 4 s;lour ~acumentsimiscellaneousllOlannexationsllisa fergason &~ames fergason,dac Section lo. Change,,n,.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 Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 1Z. Execution in IVlultip~e,,,,Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13, Term and Extension, The initial term of this Agreement shall be for a period of five ~5~ years from the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections Z, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of , X010. r r i a . Fergas w,,. J m erga on T CITY ~F DENTIN, TExAS By: City anager, Deputy City anager, or Designated Representative 5 s:lo~r documentslmiseellaneousll0lannexationsllisa fergasan & fames fergason,doc THE STATE OF TEXAS } COUNTY QF DENTDN } This instrument was acknowled ed before me on the da of g y , 2010, by Lisa K. Fergason. r~ ~ s. ~ ~ ~ Notary Public, State of Texas THE STATE OF TEXAS } COUNTY DF DENTDN } This instrument was acknowled ed before me on the da of _ g Y 2010, by James Fergason. ~ ~ Nota Public State of Tex rY THE STATE DF TEXAS } COUNTY DF DENTDN } !i This ins ment w ackn wled ed before na . ~ ~ ~ g nmth~e day of ,2U.., by ,City Manag (Deputy City ManagerlDesignated Represe five, on behalf of the City of Denton, Texas, s} ~ .Y E `~~ti~Yia~~+4, ~A~~~~~ N t ry Pub ,State of Texas ,,eb~P~+ P~~rr,~~ w r_F~ ~ N~t~ry f$'~b11t~, ~c~t~ ~Ce~c~s ~ My ~~r~~~i~~~f1~~j~ ~~ir~~ •dN~ti '~V I / V } PROVED AS TQ LEGAL FORM: ANZTA BURGESS, CITY ATTORN~~Y ~ 6 After recording return to; s;lour documentslmiscellaneousll0lannexatianslgerald & ne~ra mitchell I1,71'1 ac,doe ,lennifer Walters City Secretary 215 E. McKinney Denton, Tx 76201 CHAPTER 212 TExAS LGCAL G4VERNNIENT CUDE N4NWANNExATIUN AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Cade by and between the City of Denton, Texas the "City"} and Gerald L, Mitchell and Nedra C, Mitchell ~"Owners"}, the property owners of the hereinafter described property the "Property"~ in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties"; Being a called 11,717 acre tract of land, situated in the E.A. Orr Survey, Abstract No. 983, Denton County, Texas, and being that portion lying outside of the city limits of a 19.317 acre tract described in the First Tract of that warranty Deed with Vendor's Lien dated September 3, 1980 from Jeannette E. McDonald to Gerald L. Mitchell and wife, Nedra C.1Vlitchell, filed for record September 4, 198 and recorded in Volume 1U34, Page 167 of the Real Property Records of Denton County, Texas. Said 11,717 acres, more or less, is commonly known as DCAD Properly ID X0756. wHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex, Loc. Gov't Code ch. 43; and wHEREAS, Gwners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County ~ Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, (]wNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43:035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex, Lac. Gov't Code section 212,172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.D35; and w"HEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; EXHIBIT ~ ~ ~ s;lour dacumentslmiscellaneous1101anne;~ationslgerald & nedra mitchell 11,717 ac,dac NUw, TI~EREFGRE, 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. Sectian 2, Development Plan. The Gwners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch~related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single~family dwelling maybe located or constructed an a lot smaller than five ~5} acres, The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 2 2.172~b}. Section 3. Governin~gu~a~ions. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~ l },Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999y2020, as amended, including but not limited to the ~RD~S} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed.1998 ~NCTCGG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a, International Building Code, 2x06 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 s;lour ~ocumentslmiscellaneous1141anneYationslgerald & ne~ra micchell 11.717 ac.doc d. International Plumbing Code, 2006 Edition with local amendments; e, International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, Zoos Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code ~ §28-3 83 - 43 7 and ~ § 17-141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code ~~28-441- 457; and m. Moving Buildings, Denton Code ~§28-326 - 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and Z 1 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Cade, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal 'I Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in X35.16.19 and subchapter ZZ 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, Deve o ment P an , ~o Remain ~n E,,,~~, Section 4. p ffect. Following 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 3 s:lour docume~~tslmiscellaneous1141a~u~exationslgerald & nedra mitc~ell 11.717 ac.doc 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 otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Propel~y that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 1 So-day period during which the Development Plan is in effect. Section 5. A reement Deemed Void in Part Volunta Annexation, ~A~ If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C~ 1, or other such other pravisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subj ect to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 7. Recordin ,This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas, Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order 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 Cit b yY any proceeding at law or inequity, Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement b Owner waives no ri hts as Y g to matters not addressed in this Agreement. 4 s;lour documentslmiscellaneousll0lannexationslgerald & nedra mitcllell 11,717 ac.doc Section 10, Chan e 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 Section 4. Section 11, Venue. Venue for this Agreement shall be in Denton County, Texas. Section 1 Exec_ution in , Multiple,,,,,Copies, This Agreement may be separately executed in individual counterparts and, u on execution, shall constitute one and same instrument. p Section 13, Term and Extension. The initial term of this Agreement shall be for a period of five ~5~ years from the Effective Date the "Tenn"}, The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term may be extended upon mutual agreement of the Parties. Section 14, Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of ~ ~ r , 2010, 4 ers Gerald L. Mitchell ~ Nedra C. Mitchell THE CITY OF DENTaN, TEAS - B y; __~m~ City Manager, Deputy City Manager, or Designated Representative 5 s.laur documentslmiscellaneausll0lannexatianslgera(d & nedra mitche(I 11,717 ac,dac THE STATE OF TEXAS } COUNTY OF DENTQN } This instrument was acknowledged before me on the da of c Y 2010, by Gerald L, Mitchell, . . ~r_ _ ~ ~ Ass- QKR~ Note~ry Publlc~ ON ~~p~~' ~ 4 E' • , NY CQ~AMI~ ~ ~ ~ ~ Notary Public, State of Texas ~a. , THE STATE CF TEXAS } COUNTY ~F DENTON } This instrument was acknowled ed before me on the d da of g Y 2010, by Nedra C, Mitchell. ~Y ~ ~ ~ CNAIT~~ A. ICK fi°~~ ~`'n Nat~ry Pubic S1~te of Text y h MY G~~IMI~~IdN ~XPIA~~ ~ ` ~ Notary Public, State of Texas . ~ ~ THE STATE nF TEXAS } i COUNTY 4F DENTIN } This inst , ent was ac ovule ed before m ~athe ~ day of ,20 by ity Manage eputy City ManagerlDesignated F Represent 've, on behalf of the City of Denton, Texas. ` ~~NNI~~ Y y N t Publi tate of Texas ``4~a,~~,pY pp~rf~f~ ~J~ ~F~X88 ~1~t~ry ~u~~l~ " ' i~~~ " My ~~mfi~ks~i~~t ~ ~{~q~ ~q ~ ~ V r APPROVED AS T~ LEGAL F oRM: ANITA BURGE-SSs~~~~~TY~ ATT~ Y .~~s M~ . B ~ : _ ~W~~~- 6 After recording return toa s:lour documentslmiscellaneous1141annexationslgerald & nedram~tche1133,73 ac,doc Jennifer Walters City Secretary 21.5 E, McKinney Denton, TX 7620 CHAPTER Z1Z TEXAS LGCAL GGVERNMENT C[]DE NUN~ANNEX.ATIGN AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Gerald L. Mitchell and Nedra C, Mitchell ~"owners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties", Being a called 33,73 acre tract of land, situated in the E.A. Orr Survey, Abstract No. 953, Denton County, Texas, and being that portion lying outside of the city limits of a 36.765 acre tract described in the Second Tract of that warranty Deed with Vendor's Lien dated September 3, 1950 from Jeannette E, McDonald to Gerald L. Mitchell and wife, Nedra C. Mitchell, filed for record September 4, 1980 and recorded in Volume 1034, Page 167 of the Real Property Records of Denton County, Texas, Said 33.75 acres, more or less; is commonly known as DCAD Property ID 6~~59. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc, Gov't Code section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212,172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex, Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; w ` EXHIBIT f a. 1 s:lour ~locumentslmiscellaneot~sll0lannexatianslgerald & nedra mitchell 33,'13 ac,doc NOw, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1, Continuation of ETT Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan, The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement. Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc, Gov't Code section 212,172~b}. Section 3. Governin Re ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~1} Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999-2020, as amended, including but not limited to the ~RDWS} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specie cations far Public works Construction, North Central Texas, 3rd Ed,1998 ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 s;lour documentslmiscel(aneousll0lannexationslgerald & nedra mitchell 33.73 ac,dac d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i, National Electric Code, 2005 Edition with local amendments, j, National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28-3 $3 437 and 17141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code § §28441 457; and m. Moving Buildings, Denton Code § §28-326 - 375; ~4} Sign regulations, as cantained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on~site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental ualit , Q y as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in §35,16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Develo ment Plan to Remain in Effect, Followin termination of this g Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 1 SO calendar days thereafter, or until the effective date of the annexation and 3 s;laur documentslmisce~laneausll0lannexationslgerald & nedra mitc}~ell 33.'13 ac,dac 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 otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application, The owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 1 SO~day period during which the Development Plan is in effect. Section 5. A reement Deemed Void in Part Volunt Annexation. ~A} if an owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void, ~B~ Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc. Gov't Code subchapter C-l, or other such other provisions governing voluntary annexation of land as may then exist, Dwners expressly and irrevocably consent to annexation of the Property under such circumstances. Gwners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex, Loc. Gov't Code section 43.052, or successor statute, Section 6, Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 3 0 days written notice of this Agreement to the prospective purchaser or grantee, A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 22 i N. EIm Street Denton, TX 76201 Section 7, Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8, Seyerability. invalidation of any provision of this Agreement by judgment or court order 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 Gwner or the City by any proceeding at law or inequity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by Uwner waives no rights as to matters not addressed in this Agreement, 4 s;lour documentslmisceIlaneousll0~atv~eYationslgerald & nedra mitche1133,73 ac,doc Section 10. Chan eg in Law, No subsequent change in the iaw regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas, Section 1~, Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13, Term and Extension. The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties, Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this a reement as of ~ X010. g ~ ~ ers Gerald L. Mitchell ~r Nedra C. Mitchell THE CITY OF DENTDN, TE~A.S By; City ana er, Deputy City anager, or Designated Representative 5 s:laur documentslmiscellaneausll0lannexatianslgerald & nedra mitcl~ell 33.'3 ac,dac THE STATE 4F TExAS ~ CGUNTY GF DENTON ~ This instrument was acknowledged before me on then da of Y 2410, by Gerald L. Mitchell, , t°~Y A~~ - CNAIEIINE A. 4 .Notary Puhiic st~t~ of hex ~ ~ r ~ ~iY C~~IMI~~ION t~XPlR~S ~ Notary Public, State of Texas THE STATE GF TExAS ~ COUNTY GF DENT4N } This instrument was acknowledged before me on the ~ ~ day of ~a ~ , 2410, by Nedra C. Mitchell. Et~~rr i~`~= r~r~ CHRISTINE A~ DICK a . ` •'~r .Notary public State of 1'ex~ y ~ 1 ~ MY GO~MISSiQN E~pIRE3 r 'l~ Notary Public, State of Texas ~ THE STATE 4F TExAS ~ COUNTY OF DENTON } This in meet was ckn w1 d ed before m nth da of 24~` b g ~ Y ~ Y ity Manage eputy City ManagerlDesignated rRe resen tive, on behalf of the Ci of Denton Texas, E p ty E 'r~r.~ra...~.~r....e...... ~yltiiNr ~~NN~~~~ W~~~~~ ~ r~~~~ry ~u~~i~ ~t~~~ ~~~es N y Publ' State of Texas N ~ ~ sW' ++I ~rv~~e i~ ~~~iC~~~~~~~ ~~i~~~ iii + „ k APPROVED ~S --T~ .LEG:A:L FORM,~b~. ANITA BURGES S, CITY ATTORNEY .~.s-~ ~f _.._~w_.., 6 After recording return toy s:laur documentslmiscellaneousll0lannexationslnobles family partners ran-annexation agreement,dac Je n n Ife r VIla Ite rs City Secretary 215 E. McKinney Denton, TX 7624. CHAPTER 212 TEXAS LaCAL GGVERNMENT CGDE NGN-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Nobles Family Partners, Ltd. ~"Gwners"~, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 96.3175 acres of land, more or less, situated in the E, A, arr Survey, Abstract No. 9$3; the Gibson Myers Survey, Abstract No. $43; the Myers-Brummett-Johnson~Green Survey, Abstract No. 1699; and the G, Barb Survey, Abstract No. 20$, Denton County, Texas, and being more fully described in that certain Correction Special Warranty Deed dated to be effective November 24, 1993 from The Nobles Company, by Robert H, Nobles, Partner and Jimmie G, Nobles, Partner to Nobles Family Partners, Ltd., filed for record on August 9, 2000 and recorded in Volume 4649, Page $46 of the Real Property Records of Denton County, Texas, Said 96,3175 acres of land, more or less, is commonly known as DC.~D Property ID 244741, DCAD Property ID 60745, DCAD Property ID73984, DCAD Property ID131872, DC.~D Property ID161447 and DC~4D Property ID 7861 respectively, SAVE & EXCEPT: Lot 1, Block 1, Scribner Addition, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet R, Page 46 of the Plat Records of Denton County, Texas. Said Lot 1, Block 1, Scribner Addition, is commonly known as DC~4D Property ID 21645D. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch, 43; and WHEREAS, Gwners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Gwners 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 terra of the Agreement; 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 Tex, Tax Code chapter 23 . C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex, Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc, Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and :EXHIBIT ~ 1 ° s:lour documentslmiscellaneo~sll0lannexationslnobles family partners non-annexation a~reement.doc WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; Now, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows; Section Continuation of ETJ Status, The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property far 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. Devela~pent Plan, The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that na single-family dwelling may be located or constructed on a lot smaller than five ~5} acres, 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 u oses set forth in this section without bein in violation of this A reement. Such uses and p~ g g activities constitute the development plan for the Property in satisfaction of Tex. Loc, Gov't Code section 212.172~b}, Section 3. Goyernin~Re ulations, The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: i ~ 1 }Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed,1998 tNCTCaG Manual}; 2 s:laur dacumentslmiscellaneousllalannexationslnables family partners non-annexation agreement,doc ~3} Denton building codes, as contained within Denton Code Chapters 17, 2$ and 29, and DDC Subchapter 24, adapting. a. International Building Code, 2006 Edition with local amendments; b, International Residential Code, 2006 Edition with Appendix G and local amendments; c, The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e, International Fuel Gas Code, 2406 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g, Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h, International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k, Minimum housing and building standards, Denton Code §§2$-3$3 43 7 and § § 17-141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code § §28-441- 457; and m, Moving Buildings, Denton Code §§2$-326 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; I~ ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, a licable pp 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} Cxas well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended 3 s;lour documentslmiscellaneausl101annexatianslnables family partners non-annexation agreement,dac and as applicable, and as supplemented by requirements of the Texas tTtilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for 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 otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5, A regiment Deemed Void in Part Volunta Annexation. ~A~ If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B~ Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter Cw 1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances, Owners further agree that such annexation by the City shall be deemed voluntary, and not subj ect to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale, Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 3 0 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recordin This A regiment is n i h h Pr g to ru w t t e operty and be recorded in the real property records, Denton County, Texas, Section 8. Seyerability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect, 4 s:lour documentslmiscellaneousll0lannexationslnobles family partners non-annexation agreement,doc Section 9. Remedies, This Agreement may be enforced by either Owner or the City by any proceeding at Iaw 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, Chan e 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 properCies covered herein pursuant to Section 4. Section 11, venue. Venue for this Agreement shall be in Denton County, Texas. Section 12, Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five ~5~ years from the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants, The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections, The Parties hereto have executed this agreement as of , 2010. ~wtiers M~;~~. . obert H No les, General Partner of Nobles Family P rtners, Ltd. Y J' ie G. Nobles, General Partner of Nobles anvil Partners, Ltd. y THE CITY OF DENTGN, TExAS re~~~ By, City Manager, Deputy City Manager, ar Designated Representative 5 s~lour dacumentslmiscellanenusll0lannexationslnpbles family parinersnon-annexation agreement"doc THE STATE OF TEXAS } COUNTY 4F DENTQN } This instrument was acknowledged before me on the day of ~ , 2010, by Robert H, Nobles, General Partner on behalf of Nobles Family Partners, Ltd. a Notary Public, State of Texas THE STATE OF TEXAS } COUNTY QF DENTQN } This instrument was acknowledged before me on the day of ~ tJ~. , 2010, by Jimmie G. Nobles, General Partner on behalf of Nobles Family Partners, Ltd, ~ONI RE~D11 ~ ; Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } This inst ent was a ovule ged before me , on da of G ,2~ b y y ity Manage lDeputy City Manager/Designated epresenta ve, on behalf of the City of Denton, Texas. i ~t~~ qY p ~r'1i yew tip,, ~ ~~~rrr ~~N~I~~~ WA~~~~~ I I M"~~~' 'r~~~ ~~~t~~y,~~~~►c, ~t~t~ ~e~~~ N t y Pub~z Late of Texas ►~~~~~~i,,~4 ~~C~~~1~6~ ~ ~ " APPROVED AS TO LEGAL FARM: ANNA BUR.G~S-S~w~C~TY ATTaRNEY~~`~ f~. ~ ~.:,~.:..:-W ~~w ~ ~ +r 6 /F v~ r~ After recording return ta; s;lour dacumentslmiscellaneous1101annexationslrobert & Jimmie nobles-nobles living trust.doc ~ e n n Ife r UVa Ite rS City Secretary 215 E. McKinney Denton, TX 76201 CHAPTER X12 TExAS LUCAL GOVERNMENT CGDE NGN-ANNE~ATI(]N AGREEMENT This Agreement is entered Into pursuant to Section 212,172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Robert H. Nobles, D,O, and Jimmie G, Nobles, Trustees, or their successors intrust, under the Nobles Living Trust dated November 30, 19$9 ~"Owners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 25.000 acres of land, more or less, situated in the E. A, Orr Survey, Abstract No. 9$3 and the Myers-Brummett-Johnson Survey, Abstract No. 1699, Denton County, Texas, and being more fully described in that certain Quit Claim Deed dated December 29, 1992 from Robert H, Nobles, D.O, and Jimmie Lou Nobles, alkla as Jimmie G, Nobles to Robert H. Nobles, D.O, and Jimmie G, Nobles, Trustees, or their successors in trust, under the Nobles Living Trust dated November 30,19$9, f led for record on December 29,1992 and recorded in Volume 3411, Page 364 of the Real Property Records of Denton County, Texas. Said 25,000 acres of land, more or less, is commonly known as DC~D Property ID 60761 and DC`~4D Property ID 161789, respectivery. SAVE & EXCEPT: 1.0017 acres of land, more or less, situated in the E. A, Orr Survey, Abstract No, 9$3, Denton County, Texas, and being more fully described in that certain Correction Warranty Deed with Vendor's Lien dated November 5, 1992 from Brian K.. walding and wife, Kimberly Nobles walding to Eugenia C. Minor, fled for record on March 19, 1993 and recorded in Volume 3374, Page 44$ of the Real Property Records of Denton County, Texas, Said 1,0017 acres of land, more or less, is commonly known as DC`.AD Property ID 60751. 'WHEREAS, the City has given notice of its Intent to institute annexation proceedings for the Property in accordance with Tex. Loc, Gov't Code ch, 43; and WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS the Denton Count A raisal Distric recor ~I y pp t ds 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 Tex. Tax Code chapter 23,C, D, or E; and WHEREAS OWNERS re resent that it is their intention not to de el h p v op t e Property during the term of this Agreement; and EXHIBIT G E n m s;la~ar documentslmiscellaneousll0lannexatianslrobert & jimmienobles-nobles living trust.dac WHEREAS, Tex. Loc. Gov't Code section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange far the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43,035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; 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. Deyelo~ment_Plan. The Gwners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm~related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single~family dwelling may be located or constructed an a lot smaller than five ~5} acres. 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 far the Property in satisfaction of Tex. Lac, Gov't Code section 212.172~b}. Section 3. Governin Re ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the . application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed; ~1 }Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999-2020, as amended, including but not limited to the ~RD-5} honing District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton 2 s:lour documentslmisceIlaneousll0lannexationslrobert & jimmienobles-nobles living trust,doc Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Constructian, North Central Texas, 3rd Ed.199S ~NCTCaG Manual}; ~3 } Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Editian with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c, The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e, International Fuel Gas Code, 2006 Edition with local amendments; f, International Mechanical Code, 2006 Edition with local amendments g. Code of Crdinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i, National Electric Code, 2005 Edition with local amendments, j, National Electric Safety Code, 203 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 43 7 and § § 17-141- 210, as amended and as applicable; 1, Irrigation Standards, Denton Code § X28-441 457; and m. Moving Buildings, Denton Code §~28-326 - 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; i ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, 3 s;lour documentslmiscellaneousll0lannexationslrobert & jimmienobles-nobles living trust.doe as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in X35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Develo meat Plan to Remain in Effect. Following termination of this Agreement far any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 18o 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 develapment 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 otherwise arise under local or state law, or by con~.mon 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„Park; Valuntary Annexation. ~A} If an Owner files any application ar plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B} Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Lac, Gov't Code section 43.452, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address; i City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 4 s;lour documentslmiscellaneous1101annexationslrabert & jimmienobles-nobles living trust,dac Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton Caunty, Texas, Section S, Severa„~bil~~t r. Invalidation of any provision of this Agreement by judgment or court order 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 Dwner waives no rights as to matters not addressed in this Agreement, Section 10. Chan e 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 Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 1~. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13, Term and Extension. The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections, The Parties hereto have executed this agreement as of , ZO10. 4v~ s obles, rustee of Nobles Living Trust J'~ mie G. Nobles, Trustee of Nobles Living rust 5 s;lour documentslmiscellaneousll Olannexationslrobert & Jimmie nobles-nobles living trust.dac THE CITY of DENTON, TEXAS By: City Manager, Deputy City Manager, ox Designated Representative THE STATE aF TEXAS ~ COUNTY aF DENT4N ~ This Instrument was acknowled ed before me on the da of g Y 2010, by Robert H, Nobles, D,U,, Trustee, of Nobles Living Trust, ~r~4 REEDY ~JO~J4RY ' . ~ 1' 5111 ~ ~ ~ ~ C' _ ~ . Notary Pu lac, State of Texas THE STATE 4F TEXAS } COUNTY OF DENTQN } _ ~ ' This instrument was acknowledged before nae on the day of ~ 20 ~ a, by Jimmie G. Nobles, Trustete, of Nobles Living Trust, EERY ~ ~ ~ - ~1►~--~ Notary Public, State of Texas THE STATE QF TEXAS } COUNTY DF DENTIN ~ This ins r~.ment wa acknowledged before r~e~ W n ~h day of ,201 C~, by ~ ~ City Manag rlDeputy City ManagerCDesi aced Represent ive, on beh f of the City of Denton, Texa~;~-~ l ,~~~~~r, fg~}~,i g ~Att~~~ N t y Public State of Texas r`~~~~~,~YPq~~~~ JG~IVIV~~Gft I~, r ~ Netary public, ~ta~e of Texas ~i~ewr" i~l1y ~i{~1'1"VI~'1~~~1h01n1 lbX~]Ir85 s:laur documentslmiscellaneonsll0lannexationslrobert & jimmienobles-nobles living trust,doc APPROVED AS TU LEGAL FGRM: ANITA BURGESrS,..C~T'Y ATT~~ , EY ~s .W~. ~,s~ i E f i i 1 i F i ~l I~ 7 After recording return to. JenniferlNaiters s;lour dacumentslmiscellaneousll0lannexationsllisa fergason, trustee Christopher wetxel non-annexation ~ Clty Secretary ~J.5 McKinney Denton, TX 76~OJ. CI~APTER Z1Z TEXAS LOCAL GOVERNMENT CGDE NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Lisa K. Fergason, as Trustee of the Christopher J, Wetzel Trust ~"owners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being a called 3.2242 acre tract of land, situated in the E. A, Orr survey, Abstract No. 983, and the Myers-Brummett-Johnson Survey, Abstract No. 983 Denton County, Texas, and being that portion lying outside of the city limits of a 4,20o acre tract described in that certain Deed of Gift dated December 28, 1993 from James w, Wetzel and wife, Freda J, Wetzel to Lisa K. Fergason, as Trustee of the Christopher J. Wetzel Trust, fled for record on December 29, 1993 and recorded in Instrument Number 93- Roo9428~ of the Real Property Records of Denton County, Texas. Said 3,2242 acre tract, is commonly known as DC~4D property ID X0735 and an unidenti zed .DC~4D Property ID lying in the Myers-Brumnett-Johnson-Green Survey, Abstract No,1699. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex, Loc. Gov't Cade ch. 43; and WHEREAS, owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"~ for the term of this Agreement; WHEREAS, owners and the City acknowledge that this Agreement between them is binding upon the City and the owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23 , C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and 'WHEREAS, Tex, Loc. Gov't Code section 43p035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex, Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc, Gov't Code section 43,035; and EXHIBIT a ~ 1 E m s:laur dacumentslmiscellaneausll0lannexatiansllisa fergasan, trustee christopl~er Wetzel non-anne~atian a~rmt,doc WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; NCW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows; Section Continuation of ET1 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 Dwners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranchyrelated uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single~family dwelling maybe located or constructed on a lot smaller than five ~5} acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 21 ~ 72~b}. Section 3. Governing_,Re ulations., The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~ 1 } Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan, ~ 99~~2oZO, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~Z} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, soled waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed.199S ~NCTCGG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, ~S and ~9, and DDC Subchapter 24, adopting; a, International Building Code, X006 Edition with local amendments; 2 s:laur documentslmiscellaneausll0lannexatiansllisa fergason, trustee c~ristopher ~vetzel non-annexation agrmt.dac b, International Residential Code, 2006 Edition with Appendix G and local amendments; c, The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with Local amendments; f, International Mechanical Code, 2006 Edition with local amendments g, Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h, International Energy Conservation Code, .2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; l~. Minimum housing and building standards, Denton Code ~§28383 43 7 and ~ ~ 17-141-~ 210, as amended and as applicable; 1, Irrigation Standards, Denton Code §§28-441-~ 457; and m, Moving Buildings, Denton Code § ~28~326 - 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on~site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. 3 s;laur documentslmiscellaneous1l01annexationsVisa fergason, trustee cl~ristapher ~vetzel non-anneYatian agrmt.doc Section 4, Development Plan to Remain in Effect. Following terninatian of this W....,,..,„...._ Agreement for any reason, the Development Plan set forth in Section ~ shall remain in effect for a period of I SD 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 otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 1 SO~day period during which the Development Plan is in effect. Section 5. A reement Deemed void in Part Volunta Annexation, ~A} If an owner f les any application or plan of development far or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. ~B~ Thereafter the City may initiate annexation of the Property pursuant to Tex, Loc. Gov't Code subchapter C~l, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances, Owners further agree that such annexation by the City shall be deemed voluntary, and not sub j ect to the requirements and procedures for an annexation plan, as i required by Tex. Loc, Gov't Code section 43,052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 3 o days written notice of this A reement to the g prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address; City of Denton, Texas ATTN. Director of Planning and Development F 221 N. Elm Street Denton, TX 76201 !F . ~ Ik Section 7. Record~n . This Agreement ~s 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 or court order 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. 4 s;lour dacumentslmiscellaneousll~lannexationsllisa fergason, trustee Christopher ~vetzel non-anne,~ation agrmt.doc Section 10. Chan e 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 Section 4. Section 1 Venue, venue for this Agreement shall be in Denton County, Texas. Section 2. Execution in Mul~~ple Copies. This Agreement maybe separately executed in individual counterparts and, upon execution, shall constitute one and same instrument, Section 13. Term and Extension, The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections, The Parties hereto have executed this agreement as of ~ ~ , 2010. Q e s °w ~ L a K. Fergason, as Tru tee of the Christopher J. Wetzel Trust - owner Tf3E CITY OF DENTIN, TExAS ss By: City Manager, Deputy City anage~; ~ Designated Representative 5 s:lour documentslmiscellaneaus1101anne:~ationsllisa fergasan, trustee Christopher wetzel non-annexation agrmt,doc THE STATE QF TEXAS } COUNTY QF DENTIN } This instrument was acknowledged before me on the day of , 2010, by Lisa K, Fergason, as Trustee of the Christopher J. wetzel Trust, x ~ 1~11wv nl~ltC ~ Notary Public, State of Texas THE STATE QF TEXAS } COUNTY OF DENTIN } This instru nt was ackn wled d before me n-~- .h ~ t e day of ,2Q~ b Y ,City Manager eputy City ManagerlDesignated I~~epresentati , on behalf of the City of Denton, Texa . ~►w`i~~,y`~~~r~~i ~~N~~~~ , W o ary Pub 'c, Stake of Texas A fi~~~~ s f ~r~, ~~~f~11r~~►~t~ ~~ir~~ !y I I APPROVED AS T~ LEGAL FGRM: ANNA BURGES~S~- CITY ATTGRN~Yw f ~,.,s~ ~ ~ ~;,~,,T _ _ J *~~rv ^..ir• ~I V After recording return to: Jennifer Walters s;lour dacumentslmiscellaneous1~01annexationsl~lenn & ruthanna ~vilde non-annexation agreement,do City Secretary X15 McKinney Denton, TX 762oJ. CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Glenn S. Wilde & Ruthanna M. ~iVilde ~"Owners"}, the property owners of the hereinafter described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being 6,00 acres of land, more or less, situated in the E, A. Orr Survey, Abstract No. 953, and the MyersWBrummett-Johnson-Green Survey, Abstract No. 1699, Denton County, Texas, and being more fully described in that certain Cash warranty Deed dated March 19,1999 from Glenn S, Wilde and Ruthanna M. Wilde, as Trustees of the Glenn S. Wilde and Ruthanna M, Wilde Family Trust to Glenn S, Wilde and Ruthanna M, Wilde, filed for record on March 19,1999 and recorded in Volume 4300, Page 2150 of the Real Property Records of Denton County, Texas. Said 6.00 acres, rnore or less, is com~.monly known as DCAD Property ID I667~`5 and an unidenti ted DC.~D Property ID lying in the Myers-Brummett~Johnson~Green Survey, Abstract No.1699. WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Loc. Gov't Code ch. 43; and . . WHEREAS, Owners desire that the Property remain in the City's extraterritorial jurisdiction ~"ETJ"} for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, ar E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex, Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Cade section 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; EXHIBIT 1 A %L=M==MMM=MMM,&q s:lour documentslmiscellaneousll~lannexationslglenn & ruthanna ~vilde non-annexation a~reement,doc NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 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 def ned, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan, The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five ~5} acres, 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 far the Property in satisfaction of Tex, Loc, Gov't Code section 212,172~b}. Section 3. Governing Re ulations. The following City regulations shall apply to any development of the Property, as may be amended from time to time, provided that the application of such regulations does not result in interference with the use of the land for agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: ~1}Zoning standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999-020, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public works Construction, North Central Texas, 3rd Ed.1998 ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting; a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 246 Edition with Appendix G and local amendments; Z s:laur documentslmisceilaneous1l01anneYatiansl~lenn & ruthanr~a tivilde non-annexation agreement,doc c. The International Fire Code, 2006 Edition with local amendments; d. International Plumbing Code, 2006 Edition with local amendments; e, International Fuel Gas Code, 2006 Edition with local amendments; f, International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i, National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code ~ §2 S W 3 S 3 - 437 and §§17-141- 210, as amended and as applicable; 1, Irrigation Standards, Denton Cade §~25-441- 457; and m. Moving Buildings, Denton Code §§25-326 - 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6~ Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7) Gas Nell platting, drilling and production standards, as contained in §35,16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4, Develo meat Plan to Remain in Effect, Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for 3 s;lour documentslmiscellaneous1l01annexationslgienn & rnt~anna ~~ilde nonWanne;~ation agreement.dcc 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 otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application, The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180~day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part Voluntar Annexation, ~,~~~..,~.,,,,,a„.. ~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 Z, sections 1 and 3 of this Agreement shall thereupon become null and void, ~B~ Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-l, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.05, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 3 o days written natice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section S. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining pravisions 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. 4 s;laur documentslmiscellaneousll~lannexationslglenn & rutl~anna tivilde non-annexation agreement.doc Section 10. Change in, I,,aw. No subsequent change in the Iaw regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execut~o,,,,,,,, , n in Multip~e,,,,,C,opies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of eve ~5} years from the Effective Date the "Term"}. The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of ~ , 2010, owner Ie S i _y -_°_m.~.~.... kith 17n ~l e THE CITY QF DENTON, TEAS By; City Manage ,Deputy City onager, or Designated Representative I~~ i 5 s:lour documentslmiscellaneous1101annexationslglenn & ruthanna ~vilde non-annexation agreement.doc THE STATE OF TEA S } COUNTY OF DENTON } This instrument was acknowledged before me on the day of ~ 24 ~ 0, by Olenn S, Wilde, ~y~~~~ 1 ~ r Notary Public, State of Texa THE STATE OF TEAS } COUNTY OF DENTON } ~ 1 This instrument was acknowled ed before me on the ~ da of ' g Y , 201 D, by Ruthanna M, Wilde, i r ,H0~8ry ~ 41~ ~l~~l®yV~ ~p y r } s 111 Y~~~~~ ~A~~i~ ~ 4 X13 , Notary Public, State of Texas rz THE STATE OF TEAS } COUNTY OF DENTON } , ~ ~ 1 This inst ent was ac owled d before me ~ ~th da of ,24~ b y Y E' City Manag rlDeputy City ManagerlDesignated Represent 've, on behalf of the City of Denton, Texas. +1~ti{lY~llil~~ p~Fa~d~~r~ J~~N~~~~ K~ wA~~~h~ N t ry Pub ,State of Texas N~~~~y.~~~ll~ cif ~~x~~ NIA a 1 M~ `am~~~~~(c~,~ ~x~lt4~ APPROVED AS TO LEGA ' ANNA BURC~,~~~SyITY ATTORNEY ryn~ = ~ - BYr ~ - _ _w: r