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2010-069s:lour docttmentslordinancesll0ldh-3 accepting Wort annexation agreements,~oc 2010w0~9 ORDINANCE N0. AN ORDINANCE PROVIDING FOR ACCEPTANCE OF ELIGIBLE NON-ANNExATION AGREEMENTS FOR AGRICULTURAL, V~ILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE ExISTING CITY LIMITS OF THE CITY OF DENTON, TEAS, GENERALLY IDENTIFIED AS DH-3 OF APPROXIMATELY 4~ 1 ACRES LOCATED ON THE SOUTH SIDE OF SPRING SIDE ROAD, NORTH, SOUTH AND WEST OF CORBIN ROAD, Vi~EST OF I-35, AND MORE SPECIFICALLY IDENTIFIED IN ExHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43,o6I, Subchapter C-l, Local Government Code, a home rule cit is authorized to annex certain areas that are not required to be in an annexation Y lan, and the City desires to pursue annexation of DH-3, as hereinafter described; and p 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 far 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 such land must abrde by the City's development regulations as ~f 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 li ht of the rapid growth of the Denton area, the need to assure orderly growth, and the g inadequate land area currently within the Denton city limits; and WHEREAS, the owners of some eligible properties have executed such non-annexation agreements; the owners of other properties executed such non-annexation agreements but there were defects in the legal description of such properties; and yet other owners to whom notices were sent did not execute the agreements within the allotted period of time, thereby declining the City's offer; and WHEREAS, the City and the owners of eligible properties with insufficient legal 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 connected any legal defects therein; NDw, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1, The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference, s:lour documentslordinancesll aldh-3 accepting non annexation agreements,doc SECTION 2, The area of land which abuts and is adj acent to the existing corporate limits of the City of Denton, Texas, l~a.own as DH~3, 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 DH~3, 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"through "C-~". Y SECTION 4, The City Manager is authorized and directed to sign the non~annexation a reements contained within Exhibits "C~ 1" throu h "C~ "for and on behalf of the City of g g Denton as a ministerial act, but with an effective date of this Council's action on same. The City Manager shall further arrange forthwith for the recordation of non~annexation agreements in the real property records of Denton County, Texas. SECTION 5. In the event the City Council does not annex that parcel identified as DH~3, 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 subj ect to the agreements so desire, SECTION 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 talfe effect immediately on its passage, AND IT IS SO ORDERED. Passed b the City Council reading this 2n~ day of Ma ch, ~o l o. Y MA B ' R UGHS, MAYOR ATTEST; JENNIFER wALTERS, CITY SECRETARY BY. APPRO ED AS O LEGAL FORM. ANITA BURGESS, CITY ATTORNEY BY: Page 2 ~~II~IT "A~: Anne~;a~ion Traci DH~ ALA those certain dots, tracts a~ parcels of land lying and being situated in the bounty aF ~entQn~ State aF Texas and presently being wholly surrounded and fu~Zy embraced by ~e ]~entan city limit boundaries of record and established by the annexation ordinances as Follows: Ordinance 19d9w40 Tracts & Ordinance ~980~67, Ordinance 1984-63, Ordinannce 2Q~1-45~, and Ordinance 2Qa~w2DS ~Nar~i Tact}; and. bea~g mare s~ecif~cally described aS F411ows; } , B~OTNNiNG at a mint at the intersection of Underwood and ~pringside Road as defined in Ordinance 2QOG-205, Nartb. Tract; i TH~NC~ in a southerly direction, aion the east ri htTof-way of Under rood s more ~ ~ ~ ~ ~ completely deser~bed ~ Ordinance 2d0~-205, North Tract, to a point of rntersection v~th the Werth line of the property described in Ord~.ance 2aQ 1 451; T~N~E a easterly and southeasterly direction, along ~e north line of the property describbed in Ordinance 2001-451 to a paint o~ ~.tersectian with the westerly i~.e of the property described in Ordinance ~9-40, Tract lI; T~N~~ nor~.easterly along the westerly line of ~e property described in Ordinance 6~M40, Tract II to a point of intersection with the southerly irne of the prope~y described in Ordinance ~4-G~; T~N~E in a west and north direction arong the south and west line of the property described in Ordinance ~4-~3 to point of intersection with the property described in Ordinance So*6~; T~.ENC~ nortb.erly along the west line a~'the pzoAe~' described in Ordinance ~0-~7 to a point of intersec~an with the property described in Ordina~.ce b9-~4o, Tract 1, being the existing City limit line; . 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Yy fi:S7S~~`,t,lzit}1''S~{S};iil..' k)ss . ~ r:i~Wi mix !'T`]~}:ii' li~.iir!!rSf~:IJr:t!n•_`il~ ~Ci'r,J' {iz flii,l". t! iii!»VSi!}~ '~~i~i~»•ij~ ' ! j' 1; I I«~ ' I I! r.....,-rnn,r.r ~ fir, h A JN ~ A 7 J ~ ~ ~~'``I, r ~ f ti ~ - I ~ FR~~S~ ~ City of ~~nton, Taxas '1 ~N1CH~~S ~ N ~ Sao ~o~ ~,~oo ~,aoa Atter recording return to: s;lour documentslmiscelianeousll0lannexationsljohn & Jana Bandy revocable living trust 5 ac,doc ~ e n n If e r Wa Ite rs City Secretary 2~.5 E, McKinney Denton, TX 7624. CHAPTER 212 TEXAS LGCAL GGVERNMENT CODE N4N-ANNEXATION 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 The John H, Gandy and Dana P. Gandy Revocable Living Trust ~"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 5.4 acres of land, more or Iess, situated in the J. Dalton Survey, Abstract No. 3 53, Denton County, Texas, and being more fully described in that certain Special warranty Deed dated September 6, 2005 from. John H. Gandy and his wife, Dana P, Gandy to The John H. Gandy and Dana P, Gandy Revocable Living Trust, filed for record on November 1, 2005 and recorded in Instrument Number 2005136596 of the Real Property Records of Denton County, Texas. Said 5.0 acres of land, more or less, is commonly known as DCAD Properly ID 3 x'025. 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 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 ar 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 43.03 5 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 Iand 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; EXHIBIT 0 1 s:laur documentslmiscellaneousll0lannexatiansljohn & dana Bandy revocable living tryst 5 ac,doc NCw, THEREFQRE, 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 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 on a lot smaller than five ~5} acres. The property owner may apply to the City far 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,1999-2420, as amended, including but not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein 2 The subdivision and develo ment re ulations contained within the Denton P g 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, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix Cr and local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 s:laur documentslmiscellaneausl101annexationsljahn & Jana Bandy revocable living trust 5 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. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§2$-383 - 43 7 and § § 17w 141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441-~ 457; and m. Moving Buildings, Denton Code §§2$-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 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 subcha tern 17 p through 19 of the DDC, as amended, the Denton Draina e Criteria Manual, as g amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, a liable pp administrative standards of the Texas Canunission on Environmental Quality, as amended, and applicable administrative standards of the Federal f Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in 3 §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. 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 documentslmiscel~aneous1l01anne~ationsljohn & Jana gandy revocable living trust 5 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 ar state law, or by common law, from. the submittal of such inconsistent development application. The Owners further agree that no use comna.enced 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 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 provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex, Loc, Gov't Code section 43,052, or successor statute. Section 6, Notice of Sale, Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 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 E Denton, Tx 76201 . ~k Section 7. Record~n ,This Agreement ~s to run with the Property and be recorded in the real property records, Denton County, Texas. ~f 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. i 1 Section 9. Remedies. This Agreement maybe 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 documentslmiscellaneousl101annexatiansljol~n & Jana Bandy revocable living trust 5 ac,doc Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11, Venue, Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multi le Co ies, 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 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 , 2014. Owners John H, Gandy Dana P, Gandy THE CITY OF DENTON, TEXAS By: City anag ,Deputy City Manager, or Designated Representative 5 s;lour documentslmiscellaneous1101annexationsljohn & Jana Bandy revacablc living trust S ac,doc THE STATE GF TEXAS } COUNTY OF DENTON } This instrument was acknowled ed before me on the I da of g Y a 2010, by John H. Gandy - Notary publl~ Slate of x~ - ~ ~ ~ ~r eo~~oiss~a~ ~~prt~ ~ ~ r - r::Y Notary Public, State of Texas • THE STATE GF TEXAS } COUNTY GF DENTON } 4 This instrument was acknowledged before me on the day of , 2010, by Dana P• Gandy, ~ o~~'~~!+~~ ~RR7fii~7~ Ar .Notary Pul7l1C Stag of ~ i ~ MY Gp~4MIS~lON E~~IAtf~ ~ ' ' ~ , ; Notary ublic, State of Texas THE STATE GF TEXAS } COUNTY OF DENTON } This inst ~.ent was ac nowle ed before ~o~ tie ~ ~ day of y ,20 ~ Y , ~ City Manage (Deputy qty ManagerfDesignated Represent 've, on behal of the City of Denton, Texas. J f 1 I~CII t~~!! ~~99 1~ 1~+A~ ~ ~ ° ~ ary Pub i , State of Texas W ~ ~1y ~et~k~~~~lt~~i ~p~~~~ t APPROVED AS T~ L a.. ANITA BU~~E~S CITY ATT~RN r~. sf,. B • 6 After recording return to: .lenniferWalters s:lo~r dacumentslmiscella~►eousl101annexatiansljohn & dana gaudy 10 ac,dac City Secretary 215 E, McKinney Denton, TX 76201 CHAPTER 212 TEAS LUCAL GGVERNMENT CUDE NUN~ANNEXATIGN 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 The John H, Gandy and Dana P, Gandy ~"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 10 acres of land, more or less, situated in the J. Dalian Survey, Abstract No. 353, Denton County, Texas, and being more fully described in that certain warranty Deed with Vendor's Lien dated August 24,1979 from H. L. Handley and wife, Ruby Handley to John H, Gandy and wife, Dana J, Gandy, filed for record on August 28, 1979 and recorded in Volume 971, Page 251 of the Real Property Records of Denton County, Texas. SAVE & EXCEPT; 3,00 acres of land, more or less, situated in the J. Dalton Survey, Abstract No. 353, Denton County, Texas, and being more fully described in that certain warranty Deed dated January 3l, 2001 from John H, Gandy and Dana P, Gandy to John Scott Gandy and Kena R. Gandy, filed for record on February 1, 2001 and recorded in Instrument Number Volume 4766, Page 1 110 of the Real Property Records of Denton County, Texas. Said 3.00 acres of land, more 'or less, is commonly known as DCAD Property ID 231354, The remaining 7.00 acres of land, more or less, is commonly known as DC~4D Property ID 3701. 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"} far 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, 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 43.03 5 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 prapert owner's r ~XHI~IT 1 ~ ~ ~ f ~ m s:lour documentslmisccllaneousll~lannexationsljohn & Jana Bandy 10 ac.doc covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and '4~HEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc. Gov't Code section 43.435; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; Now, THEREFGRE, 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, subs ect, however, to the provisions of this Agreement, Section 2. Development Pian. 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 lat smaller than five ~5~ acres, The property owner may apply to the City for division of the land sub j ect 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. Governing Re ug lations. 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} honing standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999-20ZO, 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 Cade, 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 Z s:lour dacumentslmiscellaneousll~lanneYationsijohn & Jana gaudy 10 ac,dac for Public works Construction, North Central Texas, 3rd Ed.199S ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 2S and 29, and DDC Subchapter 24, adopting: a. international Building Code, 2046 Edition with local amendments; b, International Residential Code, 2406 Edition with Appendix G and local amendments; c, The International Fire Code, 2046 Edition with local amendments; d. International Plumbing Code, 2046 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, 2046 Edition with regional amendments; i. National Electric Code, 2445 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code §§28-383 - 437 and §§17-141- 214, as amended and as applicable; 1, Irrigation Standards, Denton Code § §25-441- 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 an-site o eration re uirements contained within Cha ter 26 of the Den n p q p to 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, Draina e and related standards as contained 1 g within Chapter 34 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 3 s,laur dacumentslrniscellaneausl~0lannexatiansljo~n & Jana gaudy I0 ac.doc ~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 meat Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section ~ shall remain in effect for a period of 184 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 S4Wday period during which the Development Plan is in effect. Section 5, A reement Deemed Void in Part Volunta Annexation. ~A} rf 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 became 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, Loc. Gov't Code section 43,452, or successor statute. i 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 4 days written notice of this Agreement to the prospective purchaser ar 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, 4 s;lour dacumcntslmiseelIaneousllDlanne~atiansljahn & Jana gaudy 1~ ac,doc Section 8. Severabilit~, 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. Section 1 U. 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 I2. Execution in Multi le Co ies. 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 ~ 201 D, g Owners r- John H. Gandy _ r Dana P. Gandy THE CITY OF DENTON, TEAS ~J~ Y City Manager, Deputy City Manager, or Designated Representative 5 s:lour documentslmisce((aneous1101annexationsljo(~n & Jana Bandy 10 ac,doc THE STATE OF TEXAS } CQjJNTY QF DENTQN } r This instrument was acknowledged before me on the day of , 2010, by John H, Gandy, ~~i~~~~~r, CHAIiT~ A Notary Publ(c State ®f C ~ , MY CC~I~MI9SlQN ~~PI~E3 ♦ or i~ ~°13 Natary Public, State of Texas THE STATE 4F TEXAS } CQUNTY QF DENTUN } This instrument was acknowledged before me on the day of , 2010, by Dana P, Gandy, i U~~~ GHAT:TIDE a~~ ~ 11 Notary P~b(ic State bf Texas ~ ,,y MY C~~MI5810N ~XPiRSS ; ~ a~ ~e ' ; Notary Public, State of Texas THE STATE QF TEXAS } CQUNTY 4F DENTQN } r Ili This inst ent was ac owled d before m~~~~~ day of ,20 by 'I ity Manager eputy City NlanagerlDesignated Represents ve, on behal f the City of Denton, Texas. i l i ~ 4`''~Yp~''~. ~VA~~~~~ Not r ublic ate of Texas a ~,,~,c ~ Nc~t~ry ~~~bli~, t~~~ p~ ~~~a~ ~ ~y ~~~~E~~I~~1~r~ ~~ir~~ rifer lty G~~~ r,~` rd lj~~t ~ Vd~y I E APPRQVED AS TG LEGAL FARM: ANITA BURGESS; ~~~4~T RNEY ~~a~ l B ~ b ._. �� �� 1 �l 1 � : 5� � I T� ❑F' DEh�TOh� 9�40���'���� �a . � . � � � �. r After recvrd�ng r�turn to: , �,_, , r . ' 'T ` ' � .�ennifer 1Nalters . k � ' r � . ' ' 1 s,�our dvc�u�ex�ts�nis��uuot�sl�. ,,�an�xati�arstm��r ��am�n�r nc�-�nn�x�rt��n,�� City Se�r'eta i'y 215 E. McKinney ❑e�ton� TX 76��1 t � � � . . � !. F.::ia .- • . • J� . .... � . i.y� .. � ' i . . ' ������ ���I ��� ���� ��� � �� ���� . i . . ; ' ������������ ������� �.�:`r. ::� �.�r+e���t �� ��t�� i�t� �u���nt �� �e�t��r� � 1�,1 ?� `�`�x. �� �o�' � �oc� �� �t�.�1 �����n ��i� ��ty Q� .��r�t��x, `�`e�� ��.� "��t��s� ��. T�rri J. �I�I�d�r a�a� �.c�b�r� '�. ���� �`'���rs'#�, th� �ro��r�` �v�n�r� �f t�� h�x�in��r ����i��d �r�p�rt�' �t�� �`Pr�o��rt�'�� i� ��r�t�n ��ur�ty� T��s� san����s �t�i�Y�ual�� �� c€��1��v��� �����rre� �� a� "Pa��r" v� "P�rti���": ���� a ��ed ��.'�� ��� tarra�� �� 1��1, ��� o� 1��s� s�tu.�t�� �� t�.� �'���i� ��j�r�.s �u�vey, ��s�ra�# ��. 11 ��� a�d. a �3 . � � � ���e tr�.�t �� �2�.�� �.�re �� ��ss, si�at�. �r� t�►� �. l�rit��.�tt �u�v��� �b�tract �o. �. �� I��n��n ��u�ty� T��as, an� 1�e�g �t �o��r� 1��� �t�ts�d�e t�� �it� ���it�� �� �. � ��.�7 �.c�e �r�ct3 rn�r� a�r less, �.�s�b�� �n #,�� c�rtai�x ��r����ion �r�n�r� �'�rrax��y ����3 ��te� t� �e �#�e����� ��t����r 1�#� �. ��� �frar� �"h� �3��ad.�. J`���t �'er�tu�re #� �'� ,�. ��l�r �� ��b� � �. �I�mt��r� � �� ��r re� ��d �t� I��rnb��r �'�, ��� �d �c��d��. �. �n.st��ent I�Eirnt�er ��-�.��}��4��'� o� t�� R.�eal P���ear�y 1����+d� �f ��nton �����, '�`���. �'h� ������ �5.7� �re �� af l�wd� m�e a� t�s�� �� �e ��I� �� .'� �. � �.�r� tra.�t c�f l�d � ma�re ��r Ie�s, ane ���c�r��y �n�v�. �s ���� .�r��t� .�.l� .�?���' a�c� 3��`�� .�ra�e�� I�� � �'��.�, a�������r'��I�. �I��.EA�� � ��#� ��s gi��n ���i�� � �' i�� in��.�t t� �nst�t��� ���a�i�n ���ce�c�x�g� far #�.� �r���r�� �n ��co�r�a�r�e �r-�t� �`e�� �c, �ar��t ���d� ��.� �� � �c� ��R��� s�v�mer� c�e�ir� t�i� �.� 1����� r� �r�r�.air� i� th� �i�� }� e xt ra��r��ari � ���,���aicti�an ��`ETJ�'� f�� th� t�, o�#�i� ��re�n�.��.t� ��R���, �e�s a��c� �.� �ity a��a�l�dg� t�ta� thi� ���rn��.� �efi���n th�rn is ����n� �p�� �he �it� an�. #�.� ��n�r� a�d t��x� ��s�����re s�.����s�r� �c� �s�ig�s f�r tl�� t�r�. c�� �.� ��r�ez��nt; ��A�, t�e L��n�on �a�t� Ap���.��a� ���i� r���rd� �h�� t��.t t�� �'�r� ����t�� i� a�a�r�x�e� �c�r a�i ����e�n. t� ��p���� �s �a�� �'a�r a�ri��lt�r�il �r �i����'� r�a���ex�� �se, o�r tir��� ��� ����ar�t #� 'I`e�. T� ���� ��a���� ��.�, I]� �� �� a��t �V�-I�l���� ���1� �r����e�t t�a� i�t �s th�ir ����.t�a�. ��t �� �.���1�a� t�i� P`r�p��r�� �du.rin� t�a� t�rm �� �his A�r�m.�nt; ��. ''L�TH����� 'I'��. ��. �rc�v't ��d.e s���io�. ��.��� a�����.�� � ���p�r�� o�vn� a�d � ;r���ct�a�it� �a er�t�r �i�to a� �g�em��� puxsu�� t� T��t �a�. ��v�� �v� ��ti�� � �. � � 17� .�r pur���s �� �r���� �ar�d. Y� t�.e ��i�i�a�.it�'s �'T� �r� ���h��� fo�r the �ro��r�y� �aw.�.�r�s c�v�r�ar�t na� �� ������p �h� ���p erty� a�n� t� ������e t�e m����a��t�r t� a��� y�.����.��m.�nt �� �,�a � a�i�� no� �n � ��� st�� �r�t� ag���1t��. us �; �� W H�I�A. �, ��� �'a�i�� ar� c���ir�� s �f ��.���n� � �t�o � ��ar� �m��.t aut�ori�e�d u��er "���. '�c��. �`r�v�� ���� ��c�i�x�t �3��3�; �.d � EXHIBIT � � ,� � � � � m _ ~0~0 ~~:,:50: ~~~`~?TY` .OF,, ,DEMTOhI 04038~79~3 ~ f.} 1~ ~ ~~~~i ~ •a~' I 9 ~ r~:~,,~,~r ~c~~s~c~#slm~sc,~~l~t~11(~~nne~x~~slm~~tor & hrunmer ran-~vtdon.~no ~ ,this Agre~nent is to be recorded in the Real Property records of Der~tan .f~ 1 ~Y I r 4, ~„..,,,y I~~IW,.:74HE~F~I~~ in, consideration of ~e mutual. ~oven~ats caantalned herein, the Ponies her~~~'~e7 a'~ .fonbws: Section CQntinuatian of ET,I eta The City guarantees #h~ continuation of the e~t~a#errita~.ai status of the ~'raperty and a~e~s nit to annex the Property far the term of this agreement; as, h~ere~ter defined, and any subseciuen# renewals as may be agreed upon by the Pares} subj~~~ ~a~r~ye~r; to the provisions afthis ~green~ent. Sectia~n eta mend. The Owners covenant and agree that use of the Property _':r.~f. term of this ~,~ment and any extensian~s agreed to by the Paxties shall ~e limited to ~'arm~related and ~h-rel$ted uses and customary accessory uses, and singie~farnily detaahe~ faxxn ~r ranch d~re~~s, provided #hat na single^faamzly dwelling may be located ar constructed cn a lot sm~~r~` i'~~ aces. The property owner may apply to the City for division. ofthe subject ~ this A~reem~ht iflt~ ~parcelsr each Qi~ which is at least five ~S~ ages in sizes for the ,~~,~rposes set Earth in this section w~thaut being in violation of this A.~ree~nent. Such uses and activities constitute ~ development plan far the F'raperty in satisfa~ctia~ of Tee. Lac. ~av't bode section ~ l~{17~~b~. Section 3, ~xaverrun~ ia~ans. The fallowing Cif regulations shah apply to any :.^{m~r r~~~ naent of the .Property, as array be amended Pram time ~.me, provided #hat the ' application of such r~gulatians does rat, result in interference with the use of the land far agriculal, wild~e management ~r forestay p'urpQSes and does not prevent the ca~ntinuation of a use established prior tQ the effective date ofthis Agr~ment and which remains lawful at the time the Agree~nen# is executed: 1 nin standards contained in the Denton Development Cade ~~`I~DC~'~, as g amended pursuant to The Denton Plan, ~~~~~2~~p, as amended, including but not 1ited to the {~D-~ } caning District regulations, and standards inc arparated ,therein F ~2) The subdivision and development regulations +cantained within. the Den#an Development bode, as a~nended~ together with applicable Design Criteria . ; , l~Ianuals ~includi~g consctian, drainage, site designs solid waste, ~j t~ransparkadan, tree protection standards, and waterlwastewate~r~, Denton Mobility Plan and other approved faster Plans of the Cif of Dentc►n, Teas, sand the forth Central Teas Council ~f ~overnamer~ts standard ~peci~ications for Public warps Ca~~uctiaan ~onh central Teas Ord Ed.19~~ CTCC~ ~anual~; ~ Denton bra 1 di ng ca des, as cantai red within Denton Cade Chapters 1 ~ ~ and and DDC ~ubcha~pter 24, adopting: a, nt~rnal~o~a~ Bu~ld~n Ct~d~, Z~a~ l~d~t~on with ~oc~ amendments; 2 e ~ i ~ .z f~5 1 D 13 `5~. ; ~ TY~ ~~F DENTDN D4~38~?~~3 p. ~ r~~~r ~gauml~nis~~lll~nnianslmr ~ h$mmer non-~nn~x~pot~,~v~ . b, international Residential Code, 2~~~ Edi~an with Appendix G and local amendments; c, The interna~.anal Fire Cade, ~~0~ Edition with lacai an~endrnents; d, I~.tcrnation~ P`iun~hing Cade, ~~~4~ Edition with local amendments; e, Internatianai Fuel has Cade, 2(~►~ Edition with local an~.endments; . ~f. ~ ; Internatiana! Mecha~aical Code, ~41~6 Edition with lacal ti ~nendm~nts ~ ~ ~ ~a~c cf Qrdinanee~ ~h~pter i'~, l~entan praper~ Maintenance C~de~ as amended h. Interna~.vnal Energy Conservation Cady, ~~OG Edition with re~anal arnendments~ { , , National Electric Cade, ~~~5 Edition with local amendments. Natianal Electric Safety Cade, Edition, with regional J amendn~ents~ Minimr~ hauling and buildhag standards, I~ntan Code §~~8~3$3 - 43?and § ~ l 7~ l ~ 1-~ ~ 1 ~ amend ed and as applicable; irrigation Standards, l~en~on Code ~~~~-4~1 _ ~S~'; and m. Ma~~ng buildings, Denton Code §~~8-~~~ ~ ~4} sign re~ulatians, as captained within Subchapter 15 of the DDC, as amended; {S~ Applicable water and wastewater Gan~nectian, can.s~ction and orrsite operataan requarernents, conta~ed win Chapter 2~ of the Denton Code of C~rdi~anees, as amended, and Subchapters 1 G and ~ 1 of the Di~C, as amended, the Denton water and ~aste~ater Criteria Manual, as amended, and as supplemented by the Texas ~`ater Cade, as amended Texas Natural Resouxces Cade, as ameo.~.e d, Texas Utilities Cade, as amended, and app~rable, ~drnini~ative standards of the Texas Commission an Enw~ron~nental duality, as amended; i Ap~licabie Eiood Fratection, Drainage and related s~dards, as contained within Chapter 3~ of the Denton Cade, as amended, and subchapters 17 th~a h 1 ~ ofthe T~DC, as amended, the Menton Drainage Crite~a I1~Ianual, as amended and. as supplemented by requxre~~nents of the Texas dater Cade, as a~nen.ded, Texas ~iatu~ Resources Code, as amended, applicable adminaistmti~e standards of the Texas C~m.missidn ors Environmental duality, as amended and applicable adrninis~rative standards o~ the Federal Emergency ~ana$ement Adrninistratian, as amended; and. has well piatdng, drilling and production sta~tdards, as +car~ta~.ed in ~3~.1~.1~ and subchapter of the Denton Develaprnent Code3 amended and as appli~le~ and as supplernented by r~uirements off` the Texas U~iiities Cade, the Texas Natural Resources Code, the Texas ~Uater Code, and applYCa~ble adn~unistrative standards of the Texas Railroad Con~missian and Teas CvmmissiQU. on Environ~,aental ~u~li~y,`as amended ~ I ~ ~ 3: 5? ~ I T~ OF UENT~N ~4~382?9~3 .5 P , ~ ; s.latte dv~um~nt~~aisCel(~~n~~s`1~~lana~a~~rirr ~C her non-ann~ca#~Qn.doc , ~eet~(~~, D~vela meat Plan tai Rem~rn in Ef~'ect, Fa~~o~n~ terninat~on oaf this ,A~ree~aent far any rea gin, ~t~e I~evela~ment Plan set Earth in Section ~ shall remain in effect far ~,.~,:~,c~ of l caler~d~r days the~ea~er, ox un~l the effective date of the annexation and `='T=`,:,;~;.~~t~~~~~ caning of the ~rop,y, whichever first aceuxs, The Parties ecvenant and agree that the pity may ~~~y a~y~ev~lop~erit application or plan of development that is submitted to the far the Pr Furi~g ~.ch mod if such applicntian or plan is inconsistent with the ~ ~ f Developme~fi'P~. `l~~ ~wne~ expressly wave any vested nghts that night otherwise arse ~~~~Pr locaa c►r state law, qr by won law, from the submittal afsu~h anconslstent deveiapn~nt .~.1~~~ ~.an. The ~.ers further agree that no use commenced ar completed on the Property that ~.w, ~.~.nsisterit with the development plan shall be considered astablished or in existence prior to ~e expiration of the lll~-day period during whzch the I~evelaprnent Plan is in effect. SeG~vn ~ meat Deemed void in Part• volunt Annexat~on~ ~A~ If an tJwner files any application. or play. of develop~aent far or otherv~ise camrnences development ~f any portion of the Property inconsistent v~ith the Development Plan provided in section 2, sections 1 aa~d ~ of t~s Agreement shat! thereupon became nub and Arvid. ~B~ Thereafter the pity may initiate annexation of the Prvpe~.y pursuant to Tex. Lac. ov't bode subchapter ~~1, ar other such other provisions gavern~.g volur~ary annnexation Qf land a.s may exist. ~Jv~ers exp:~ssly and ~rre~rocably consent to annexation of the Prap~y under such circumstances. fawners further agree that such annex~tian by the pity shnll be ~.eemed voluntary and not sub~e~t to the requirements and procedures for an annexation plan, as -°~~~=T?.~~~ by Tex. Loc. ~av'~ bode section ~3.0~2f ar successor statute. Section ~~~ice af,Snle. Any person who sells ar ~nveys any pardon ofthe property shall, prior to such s~.e ar conveyance, give days mitten nvti~cc of this Agrcemcnt to the prospective pu~haser ,or ~tce. A copy of the ~aotice shall he forwarded to the f~ity at the #~~w~~.~ a~dd~eS~: pity of Denton, Texas ATTN'; director of f'larming and Developn~e~nt i 1 P~hn Street Denton, T l . ~ Sect~an Record~n , Thy Agreement ~s to run w~~ ~e Property and be recurde~d m the real property records, l~entnn aunty, Texas, Sedan ~e~il,.~. Invalidatlan of any provision of this Agreement ~y judgment or court order shall not invalidate any of the remaining prawisians ~vh%ch shall. rem in full farce effect. Sedan edie~, This Agreement may he enfoxccd by either Dwner ar the pity by an. raceedin at law ~~~r equity. Failure to do sa shall not be deemed a waiver to enfa~rce the YP g provisions of this Agreement thereaf~. h~ntry into this Agreement by Owr~~ waives no rights as ~at~er~ not ~dd~es~ed ~ this Agr~etnent, 4 i . ~ ~ . ' y . . . . S,'1~~ ~ac~mer~lmisccll~rca~l~c~t~tl~woo~ ~ h~T1~T1z~x~i~n,t~ .i ~ ~il~t~. ,~gte~rnt~~~ ~r ~ ~ ab~z~- ~v ar~a~x t~~ ~ ro ~ ~~r~~a ~rs~ ~ ~ ~ ~ p +t ~n r. , ~~ion ~ ~~nr~~ fQr #~i~ ~.~ent shad ~ ~ ~.~o~ ~a~u~ ~Y~ ~~~~at~ ~xecu~i~na. ~ u~i 1e ~c~ i s, This Agr~en~~nt I y u w z~i~idu~f ~~r~~ ~~ccu~o~, s~~1~ ~~n~~tu~t~ aa~~ end ~nen~. ~~c~~n ~T~~d P~tt~ns~~~, Thy ~.~t~~ arm ~,g~~n~~~ fix a rya ~w~ y~~~ ~ tae .~a i sal ~h~ ~at~ A~aaa~rt is ~~~cu~e~ the pity. ~a~tfrr ~ ~t~~~. ~ Y + m~ a~rre~rne~ of t~~ ~~ta.~~. F ~ ~ s~~ t~:rr~1~~.0~1 t~ A~'rn~~r #~g~~.~r ~a.~ any ~~~r ~o~is~ ~b ~~~:;~~~i~~ ~f r~a~ ~t~~~. Thy ~r~e ~t~d ~ rt~~~ a~ of .~t ~ ~ . ~ yr~ T~T~ ~~e~.' ~ ~ R~~~ - ~x ~y ~7 pity ~r . S f p,l ~0 ~4 1~, ~7 ~ ~~~~IT'~ 0~ D~hiT~I~ ~~~38~`~~2~ s r S;~OIt~ t~ttl~Il~~lri1SG~M~~~p~41'{~~OT ~ ~Altlt~l' Iityl]'~ItlCl.~il~ THE ~~'A'~ ~F T~~ ~ C~~T~ I~ENT~~ ~ r , ~ a 4 T~~~ ~t~m~n~ way ~knov~~ed~ec~ befat~ xne an tie 1 ~ o~ ~ ~a tQ, by Tee J, ~e~.dar~ . ~ f ~ ~ ~Y C~ ~ • 1 v ~i.1Fd~ ~ ♦ ~ ~ ~ . ~T.~'.~.~ TES ~ ~~~N'~ t~F 1~EN~'~~ ~ ~s in~nrrnent was ~akn~v~~dged More me an tb;e ~f ~~i~, ~y Robert C-~n~mer~ ~~►~r~r p ~r~i, ` ~~~o.;~► CHR1ST~i. WILSON ~ Notary Public, State of Texas r ~ ~ r~~'h lF O ` `~}1,`~ ` , . My Commission Expires p~~ ~b~i~, p~T~x~ '~r,~~~,,►►► May U5, X01 n T'~E ~T.~7~ CAF T~,~S } ~~~T~ C~~ I~~N~'~I~ ~ ~xs ins ~t ~ ~ 1 befan~ the d~ of ~ ~ ~ ~ ~e, ~n ~~~~fthe ~z~r ~f n~a~, Tex, ~ Pu~~~' Mate ~f T~~as .•►►4YP~~%, J~NNI~~R ~~~~~RS ~h~~'' : Nnt~ty ~~~II, ~tst~ of ~'exaS u , ~ M ` " My ~~~n~~l~sio~ Expires Y 4qf/teyy [tom}' ji {{{~,~~,~JJ I+ +j1 ~.y yy~]~{yq{ {Is~l ~W~4+f F~i~~l 1 ~Q*'` _ /f,~~~~1 til 11 I ~~y m....._....._.:.~.:.:.,.,..~, ' ~ ` ` ~f f i After recording return to. JenniferlNalters City Secretary 2~.5 McKinney Denton, TX 76201 CHAPTER 212 TEXAS LnCAL G[]vERNMENT CGDE N4N~ANNEXATIGN 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 Wallace Whitworth, Jr, and Barbara Ann Whitworth ~"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 7.522 acres of land, more or less, situated in the Jeremiah Dalton Survey, Abstract No. 353, Denton County, Texas, and being more fully described in that certain warranty Deed with Vendor's Lien dated April 2,1981 from Harold L. Handley and wife, Ruby H. Handley to Wallace Whitworth, Jr. and wife, Barbara Ann Whitworth, f led for record on April 5, 1951 and recorded in Volume 1070, Page 192 of the Real Property Records of Denton County, Texas, Said 7.$22 acres of land, more or less, is commonly known as DC~4D Property ID 37030. 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, Qwners and the City acknowledge that this Agreement between them is binding upon the City and the Dwners 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 43.03 5 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; ~XHlBIT B . ~ ~ na NOw, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1, Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section 2. Development Plan, The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm.-related and ranch~related uses and customary accessory uses, and single~family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5} acres, 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 f ve ~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 ~ 2,17~~b}, Section 3. Governing ulations. The fallowing 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 Cade, 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 ~Norks Construction, North Central Texas, 3rd Ed,1998 ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 2S 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, 2406 Edition with local amendments; 2 d, International Plumbing Code, 2006 Edition with Local amendments; e. International Fuel Gas Cade, 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, 2046 Edition with regional amendments; i, National Electric Code, 2005 Edition with local amendments. National Electric Safety Cade, 2003 Edition, with regional amendments; k, Minimum housing and building standards, Denton Code ~ X28-3 83 - 43 7 and § ~ 17~ 141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code ~§28-441- 457; and m. Moving Buildings, Dentan 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 34 of the Dentan 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 Cade, 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 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. 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 3 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 reement Deemed Void in Part volunta Annexation, tA~ 1f 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 provisions governing voluntary annexation of Iand as may then exist, Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex, Loc. Gov't Code section 43,052, or successor statute. Section 6, Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. EIm Street 'r Denton, Tx 76201 Section 7. Recordin .This Agreement is to run with the Property and be retarded 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 foil 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 Section 10, Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section ~ . Venue. Venue for this Agreement shall be in Denton County, Texas. Section ~2. Execution in Multi le Co ies. 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 far the implementation of those sections, The Parties hereto have executed this agreement as of 2010, Owners w allace wh' worth, Jr. Barbara Ann Whitworth THE CITY DF DENTQN, TExAS i By; City Manager, Deputy City Manager, or Designated Representative i 5 THE STATE OF TEXAS } COUNTY OF DENTON } T11I In s strument was acknowledged before me on the day of ~-~1 , 2010, by Wallace Whitworth, Jr, ~ax,rti~.tb~ ~ sru~~ s•',~ f''~~'~'~ ~ ~ F►~'~~~ ~~Y FUl1~A i !ti'p' ~1'3k~E~Y~l~~l0l'1 ~XP~A~S , f, ~y~~~ ~r ~~s N ry Public State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } r This instrument was acknowledged before me on the day f 2010, by Barbara Ann Whitworth, ~o~u ~EOv ~ ~ raua~ , Notary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } . ~ ~ ~I This ~nst nt was ac wledge before tae r-or~the day of ,2 by 'ty Manager eputy City ManagerlDesignated Representat e, on ehalf of the City of Denton, Texas, a~ r,4a~, N y Publi , fate of Texas ~~~„~~P I ~ ~at~ry public, ~t~t~ ~f Texas ,~`h~ My Ci7fY1lYll~~ibf] x~ires r~~~d9~~Of rEl~+~r ~~~~~1~~~ I ~r~~ ~~fYHli►~~ - 'I APPROVED AS TO LEGAL FORM: ANITA BU~GESS~ C~TY~ATT(~RN Y ,r-- ......~w._ m Mme. 6 After recording return ta: ~enniferlNalters City Secretary 215 E. McKinney Denton, TX 76201 CHAPTER ~1Z TEXAS LQCAL GGVERNMENT CGDE NON-ANNEXATIQN 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 Wallace Whitworth, Jr. and Barbara Ann Whitworth ~"Uwners"}, 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 3,000 acres of land, more or less, situated in the Jeremiah Dalton Survey, Abstract No. 353, Denton County, Texas, and being more fully described in that certain warranty Deed dated April 2,1981 from Harold L, Handley and wife, Ruby H. Handley to Wallace Whitworth, Jr, and wife, Barbara Ann Whitworth, filed for record on April 8, 19S 1 and recorded in Volume 1070, Page 1 SS of the Real Property Records of Dentan County, Texas. Said 3,000 acres of land, more ar less, is commonly known as .DCAD Property ID 3 705. 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"} far 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; EXHBT 1 Nnw, TfIEREF4RE, 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, subs ect, 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 singlewfamily detached farm or ranch dwellings, provided that no single-family dwelling maybe located or constructed on a lot smaller than ftve ~5} acres. The property owner may apply to the City for division of the land subj ect 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, 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, 1999-2020, 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.199$ ~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, 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 d. International Plumbing Code, X006 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, ZD05 Edition with local amendments. j. National Electric Safety Code, 2DD3 Edition, with regional amendments; k, Minimum housing and building standards, Denton Cade §~28-383 - 43 7 and § § 17-141 ~ 10, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441- 457; and m. Moving Buildings, Denton Code ~~~8-3Z6 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 3D 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 'i, 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, 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 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 Gammon law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced ar 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 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, Lac. Crov't Cade 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. 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. Reco_ rd~~n This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section S. 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. i Section 9. Remedies, This Agreement may be enforced by either Owner 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 Owner waives no ri hts as g to matters not addressed in this Agreement. 4 Section 10. Change in Law, No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to 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 a reement as of c~. 2010. g s Owners '~V ace whitwo , Jr. ~ Barbara Ann Whitworth THE CITY aF DENTON, TEXAS I By; _ ~ ` City Manager, Deputy City Manager, or Designated Representative i 5 TKE STATE OF TEXAS } COUNTY OF DENTON } . This instrument was acknowled ed before me on the ~ ~ da of g y 2010, by Wallace Whitworth, Jr, 411f1,,~,`•, DUSTIN C~IY FUI.I.~A MY C~MMISSIQN ~QQkPi~~S ~~3 r , ~ . M ~ V ~ ''~~Q~~►~'~`` No ary Public, State of Texas THE STATE OF TEXAS } COUNTY OF DENTON } Y r/"~Q~ ~ . • This instrument was acknowled ed before me on the da o g y , 2010, by Barbara Ann Whitworth, 1(11+11 REFUY ~ MARY PUBIC 9~, ~w.. . ~1AI~ OF ~%AS ~ otary ublic, Stat f exas THE STATE OF TEXAS } COUNTY OF DENTON } . _ This inst ent was ac owled ed before er" ~ the day of _ ,20 by ity Manage eputy City ManagerlDes~gnated epresent ive, on behalf of the City of Denton, Texas. --..._....R ►►ait~~~ II pp~~ ~~,,ff II p~ ~~yy t~! ! r r Y~oSpRYA~~rryr~ d~i'~!'~It'fi Y4`A1~I~~S rt e~ ~ ~~f~~~ o ary Pub c, State of Texas ; ; y ,~y ~~~I~i~~1~r~ ~x~i~~~ <<~,~ ~i~E14t14 APPROVED AS T~..I,EGAE FO.~M: AN~TA BURGESS, CITY ATTORNB ~,r Po,....~ . . _