2010-070s;lour documentslordinancesllUldh-~ accepting non annexation agreements.doc
ANCE NO. ZO 1 D~O7~ ORDIN
AN ORDINANCE PROVIDING FGR ACCEPTANCE OF ELIGIBLE NON-ANNEXATION
AGREEMENTS FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND
USE PROPERTIES WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE
EXISTING CITY LIMITS CF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED
AS DH-4 OF APPROXIMATELY 347 ACRES LOCATED ON THE EAST SIDE OF BONNIE
BRAE STREET, WEST OF FORT ~]VORTH DRIVE, EAST AND WEST OF VINTAGE
BOULEVARD, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED
HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, pursuant to Section 43.0 1, Subchapter C- I, 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-4, 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 propet~ties 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 City, the land subject to the agreement retains its extraterritorial status and the owners of
such land must abide by the City's development regulations as if such land were within the City
limits, as provided further in such agreement; and
WHEREAS, the city has offered said non-annexation agreements for a 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 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 corrected any legal defects
therein; NOW, THEREFORE, ~I
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:laur documentslordinances1101d1~-4 accepting nan annexation agreements,doc
SECTION The area of land which abuts and is adjacent to the existing corporate limits
of the City of Denton, Texas, known as DH-4, 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-4, 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"through "C- ~ "for and on behalf of the City of g
Denton as a minjsteral act, but with an effective date of this Council s action an 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-4,
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 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 b the City Council reading this 2nd day of March; ~ 010, Y
MA A. BURR S, MAYOR
ATTEST;
JENNIFER WALTERS CITY SECRETARY j
BY:
APPRO ED AS O LEGAL FORM;
ANITA BURGESS, CITY ATTORNEY
BY; ~ ~ ~.a
Page 2
~~HIBIT cc~i~
Anne~atian T`x~ct T~H~
A~.►~, thaw certain lots, txacts or parcels o:~ ia~,d Iying and be~,g situated in f~ae County of
nenton, State ~'exas and presently being ~hoily surrau~aded and f~l~y embraced by the
~entan city ~inait baundares of record and estabtished by the a~exati~:a axed
. dis~n~a.exa~an ordinances as fallaws. Qrd~nance ~ 9~9-4d Tract Ordinance 1 ~79~~2,
Urdir~ce 1 ~ Ordinance ~ 9~ ~ -3 3 ~'~racts 1 ~ a~ad ordinance ~~01 w~2; and being ware speci~caliy described. as follows;
~11'"!
EE~rINN~N~x at a point at the southeast carnet of ~e propel described in ordinance
9~-033, Tract being a paint at the intersection of Allred Road and bonnie Brae Roads
THENCE North oQ° 39' S3" west, 3265.02 feet along Bonnie Brae Road to a point, said
paint being the northeast corner of the property described in ~rdina~ace 91~Q33, Tract
and also bcing the southeast corner of the property described in ~rdina~ace 91+033, Tract
III; .
THENCE northerly along Bonnie Brae Road to appoint, said paint being the southwest
corner ofthe property described in Ordinance 2001 092; .
THENCE youth $9° 29' QS" East, 17UQ,62 feet along the south line of the property
described in ordinance 2001~Q92 to a pol,~.t;
THENCE North 46' ~2" East, 1502,66 feet along the south line of the property
described ~ ordinance 2 QOl 092 to point for a corner;
THENCE North OQ° 47' 19" west, 2294.14 feet to a point far corer;
THENCE southerly along and near the median. of Hickory Creed, a series of ~.eanders
totaling approximately 2411.54 feet to ~ point;
THENCE South 20° 31' 17" East, 21,90 feet to a paint far a corner, said paint be~.g the
northwest corner of disannexation tract described in ordinance SQ~1, Tract
THENCE so~.thwesterly along the north boundary line of the property described ~
C~rdjnance $Ow~, Tract tIZ, same being the enter of the channel of H~ekory Creed to a .
paint ft~r a corner at the intersection of the north boundary line and the west right~of~way line of the Texas and pacific Railroad;
. . r ~ i THENCE southwesterly along the ~.ght-of way line of the Texas and pacific Railroad to ~
a paint for a corner, said point being the southeast corner of the property described in
~rdlnance $~-l, Tract 11~ and the northeast canner of the property described in ordinance
~'9-0~2;
THENCE continuing southwesterly along the right~Of~way line of the Texas and ~aci~.c
Railroad as described in ~]rdii~ance 79-0$2, to a point for a corner, said corner being the
southeast coriaer of said ordinance and the also being the ~.ortheast corner of the ra e p p
described in C~rda'nance 69-40, Tract ilk;
Thence northerly to the point of Begiiinin , cantainin .347 acres n~Qre or less. E g g i
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After recording return to:
Jennifer wafters
City Secretary
2I s E. McKinney
Denton, Tx 762p 1
CHAPTER Z12 TExAS LUCAL GOVERNMENT CGDE
N4N-ANNExATI~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 Bradley A, and Mishelle L. Burks
("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 11,958 acres of land, mare or less, situated in the William Roark Survey, Abstract
No.1087, Denton County, Texas, and being more fully described in that certain Warranty
Deed with vendor's Lien dated February 4, 2002 from Mont L, Wilkes and Ernrie A.
Wilkes, husband and wife to Bradley A. Burks and wife, Michelle L, Burks, filed for
record on February 20, 2042 and recorded in Volume 5027, Page 103 of the Real
Property Records of Denton County, Texas, Said 11,95 8 acres of land, more or less, is
commonly known as DC.~D Property ~D 24174.I.
WHEREAS, the City has given notice of its intent to institute annexation proceedings far
the Property i.n 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 terra 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;
i
AREAS, the Denton County Appraisal District records show that the Property f
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex, Tax Code cha ter 23,C, D, or E; and P
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 roe owner and a p p ~Y
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 own.er'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, f
Loc, Gov't Code section 43,035; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
r EXHIBIT 1rA Q
Z r
m
Ii
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, 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 ranchwrelated uses and customary accessory uses, and single-family detached
farm or ranch dwellings, provided that no singlewfamily 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 i
activities constitute the development plan for the Property in satisfaction of Tex. Loc. Crov't
Code section 212.172~b}. ~
Section 3, Governing Re ulations., The following City regulations shall apply to any
development of ~ the Property, as m.ay 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 P1an,1999w2020, as amended, including but }
not limited to the ~RD~5} Zoning District regulations, and standards
into orated therein rP
. ~
~2} The subd~v~s~on and development regulations contained w~th~n the Denton
Development Code, as amended, together with ap licable Desi Criteria ~ ~ k p ~
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 (NCTC4G
Manual};
~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and ~
29, and DDC Subchapter 24, adopting;
a. International Buildin Code, 2006 Edition with local amendments; g 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 Cade, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local amendments;
f, International I14echanical Code, 2006 Edition with local
amendments
g. Code of Ordinances Chapter 17, Denton Properly Maintenance
Code, as amended;
h, International Energy Conservation Code, 2406 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 §§28383
43 7 and § § 17-141 ~ 210, as amended and as applicable;
1. Irrigation Standards, Denton Cade §§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 uali as amended' Q tYs
~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 Cr~ter~a Manual, as
amended, and as supplemented by requirements of the Texas water Code, as
E amended, Texas Natural Resources Code, as amended, applicable
- administrative standards of the Texas Commission on Environmental Quality, E
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 ttilities
Code, the Texas Natural Resources Code, the Texas Watex 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. Fallowing termination of this
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
permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that
the City may deny any development application ar 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 o~ 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 expiratian of the 18D~day period during which the Development Plan is in effect,
Section 5. A reement Deemed Void in Part Volunt Annexation.
~A} 1f 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 Code subchapter C~ 1, or other such ather 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 annexatian 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 4 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
fallowing address;
City of Denton, Texas
ATTN; Director of Planning and Development
221 N. Elm Street F r
Denton, T~ 76241
Section 7. Recording. This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section S. Severabili . lnvalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisians which shall remain in full force
and effect.
Section 9. Remedies. This Agreement maybe enforced by either Owner or the City by k
any proceeding at law ar 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 14, 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 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 f ve ~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. i
The Parties hereto have executed this a Bement as of 2414. 9 E I
Uwners
B ley A, B s
~r~
Michelle L. Burks
THE CITY OF DENTaN, TEXAS
By~ City anager, Deputy City anager, or
Designated Representative
s
TKE STATE OF TEXAS }
COUNTY OF DENTCN }
I~
This ~nstrurnent was acknowled ed before me on the da of ' g Y
2010, by Bradley A, Burks.
c~~MMo~~ ~ S~~PHANE~ lY~ a~ texas
~°;!~!~a QU~lic; State ; ~°MY ~ammiss~an ~xptres Notary P blic, State of Tex s
:,~r~ ~it,~ ~eb~UO~Y 14. ~``'iiii«'~~,
5
THE STATE CF TExAS } j
COUNTY OF DENTQN }
This instrument was acknowled ed before me on the ~ C g day of Ll'' , 2010, by Mishelle L. Burks,
A_:,
rr~ 81~p~laNl~ IYN~I C~~MMONS w Public, State of texas ` = Nally Commiss,on ~xp,res
5 ,';tc ~gbtUatY 19~ ry . ' :y: ~ol~ Nota Pu lic State of Texas ~►fii it'',, S
i
i
THE STATE OF TExAS }
COUNTY CF DENT4N }
This ins ent was ac wledg d before m ~ ~"~~e day of ,2 , by
,City Manager eputy ity ManagerlDesignated
Represents ve, on behalf of the City of Denton, Texas.
~~'`~irA~~~~, J~~lNI~~~ WAL~RS ~d~~4~~~~ o ary Pu ~ ,State of Texas . w Notary ~u~fi~, State rf Texas ~
My ~ommission expires f
_ I
f
APPROVED AS T~ L~~4 RM;
ANNA BU E RG ~ S, CITY ATTD EY
r~
- I ~I i
I I~. f
6
After recording return to
s.lour documen#slmis~ellaneousll~lannexa~ionsllance & kim crav~ord ~o~-anr~~xa#ion agreement.da Jennifer Walters
City Secretary
215 E. Mcl~inney
Denton, Tx 76201
CHAPTER Z1Z TExAS LOCAL GOVERNMENT CODE
NON~ANNExATION AGREEMENT
This Agreement is entered into pursuant to Section 212.1?2 Tex. Local Gov't Code by and
between the City of Denton, Texas the "City"} and Lance T. Crawford and Kimberly M,
Crawford ~"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 4.~D acres of land, more or less, situated in the James Severe Survey, Abstract
No. 1164, Denton County, Texas, and being more fully described in that certain
warranty Deed with Vendor's Lien dated October 26, 1992 from Brighton Trading
Company, L, C. to Lance T, Crawford and wife, Kimberly M. Crawford, f led for record
an November 24, 1992 and recorded in Volume 3382, Page 952 of the Real Property
Records of Denton County, Texas. Said 4.OO acres of land, more or less, is commonly
known as DC~4D 1'rape~ty ID 166848,
WHEREAS, the City has given notice of its intent to institute annexation roceedin s for p g
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 terra 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 Coun A rai I Di ~ ty pp sa stnct 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, awNERS 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.x35 authorizes a roe o e p p :rty wn r 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
wT-IEREAS, the Parties are desirous of entering into an agreement authorized under Tex.
Loc. Gov't Code section 43.35; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
N EXHIBIT
0
1 ~
s;lour documentslmiscellaneousl~OlannexationsVance & kim.crawfard nan-annexation agreement,dac
Now, TI~EREFORE, 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 maybe agreed upon by the
Parties, subject, however, to the provisions of this Agreement,
Section 2. Develo ment 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-faraaily 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 212,1'12(b},
Section 3, Governing Regulations. 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,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 ~ ~ i
Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, anal waterlwastewater}, Denton
Mobili Plan and other a raved Master Plans of the Ci of Denton Texas
tY pp tY , ~ ~ ~ and the North Central Texas Council of Governments Standard Spec~f canons
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 Buildin Code, 2006 Edition with local amendments;
g b. International Residential Cade, 2006 Edition with Appendix G and
local amendments;
c. The International Fire Code, 2006 Edition with local amendments;
2
s.laur documentslmiscellanaousllQlannexatiansVance & kim Crawford non-annexation agreement,dac
. d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with local amendments;
f. International Mechanical Cade, 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, 2x03 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 waste~ater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Cade 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 Cade, as amended, Texas Utilities Code, as amended, and
applicable administrative standards of the Texas Commission on
Environmental uali , as amended I!
Q tY
~6} Applicable Flood Protection, Drainage and related standards, as contained
within Chapter 30 of the Denton Code, as amended, and subchapters 17
throw h 19 of the DDC, as amended, the Denton Drama e Criteria Manual as g g }
amended, and as supplemented by requirements of the Texas water Code, as
i amended, Texas Natural Resources Code, a.s ana.ended, applicable
administrative standards of the Texas Commission, on Environmental Quality,
as amended, and applicable administrative standards of the Federal
Emergency Management Administration, as amended; and
~7} Gas well platting, drilling and production standards, as contained in
§35.16.19 and subchapter 22 of the Denton Development Code, as amended
and as applicable, and as supplemented by requirements of the Texas Utilities
Code, the Texas Natural Resources Code, the Texas water Code, and
applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended,
Section 4. 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 far
a period of 1 SO calendar days thereafter, or until the effective date of the annexation and
3
s;lour documentslmiscellaneousllQlannexationsllance & kim crawfard non-annexation a~eement,dac
r • . permanent zonua.g 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 fi~rther 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 eement Deemed Void in Part Volunt Annexation.
~A} ~f an Owner files any application or plan of development for or otherwise
commences development of any pardon 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 Ci ma initiate annexation of the Pro e ursuant to Tex. Loc. ~ } tY Y P ~Y p
Gov't Code subchapter C~ 1, or other such other ..provisions governing voluntary annexation of
land as may then exist. Owners ex ressly and irrevocably consent to annexation of the Pro e P p~
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 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 30 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, T~ 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. Severabili . invalidation of an rovision of this A eement b 'ud e Y ~ ~ Y ~ ~ nt ~r
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect. r
Section 9. Remedies. This Agreement maybe enforced by either Owner or the City by
any proceeding at law ar in equity. Failure to do so shall not be deemed a waiver to enforce the
rovisions of this A eement thereafter. En into this A eement b Owner waives no ri hts as p ~`Y Y g
to matters not addressed in this Agreement.
4
s.lour dacumen~slmiscellane~usll0lannexationsVanee & kim crawfard non~arunexa~ion a~reement,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 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
term_in.ation 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 Bement as of gr ~ , 2010.
owners
once T. Crawfor
4
i
Kimberly M, Crawford
THE CITY OF DENTCN, TExAS
i By:
City Manage ,Deputy City Manager, or
Designated Representative
5
s;laur documentslmiscellaneous1101annexationsllance & kim crawfordnon-annexation a~eement,dac
THE STATE OF TEXAS }
COUNTY OF DENTCN }
This instrument was acknowled ed before me on the ~ da of I'
g Y 2010, y Lance T. Crawford,
I~
i R i
i
of Public, State of exas
THE STATE OF TEXAS }
COUNTY aF DENTCN } r r
This instrument was acknowledged before m.e on the day of
201 by Kimberly M. Crawford,
~tM~ ~r
a
Notary Public, State of exa
THE STATE QF TEXAS }
COUNTY OF DENTCN }
This ins anent was a knowled ed before m~he day of by
City Manage IDeputy City ManagerlDesignated
Represen e, on be a of the City of Denton, Tee
~ t r V r
' ~ M Netary pu~lle, State of Texas
.►yt y ~~mmissiar~ ~x~ires ' ` N ary Publ' ,State of Teas
~~►t1rn+~~` ~ ~ ~~c~r~~~r ~ 4, ~ q
APPRQVED AS TD LEGAL FARM:
ANZTA BURGER S;~CTT"~ AT .rte
t
r ~
~ ...r~'°'°` ~ y..~'~
U
After recording return to
Jennifer Walters
City Secretary
215 E, McKinney
Denton, T~ 7620I
CHAPTER 21Z TExAS LGCAL GOVERNMENT CGDE
N4N-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 Rodney S. and Kathy A. Preston
~"Owners"}, the property owners of the hereinafter described property the "Property"~ in Denton
County, Texas, sometimes individually or collectively referred to as "Party" ar "Parties":
Being 10.50 acres of land, more or less, situated in the William Roark Survey, Abstract
No,1087, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated January 22, 2001 from Mont L. 'Wilkes and Ernrie A.
Wilkes, husband and wife to Rodney S. Preston and Kathy A. Preston, filed for record on
January 24, 2001 and recorded in Volume 4760, Page 1432 of the Real Property Records
of Denton County, Texas.
SAVE & EXCEPT. 0.014 acres of land, more or less, situated in the William
Roark Survey, Abstract No. 1087, Denton County, Texas, and being more fully
described in that certain Donation Deed dated February 10, 2005 Rodney S.
Preston and Kathy A. Preston to Denton County, Texas, filed for record on March
2, 2005 and recorded in Instrument Number 2005-23826 of the Real Property
Records of Denton County, Texas.
WHEREAS, the City has given notice of its intent to institute annexation proceedings far
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, Uwners 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 terns of
the Agreement;
i
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 r
WHEREAS Tex. Loc, Gov't Code section 43,035 authorizes a roe owner and a p p ~y municipality to enter into an agreement pursuant to Tex, Lac, Gov't Code section 212,172 far
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
a
1 ~ ~J
i 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;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows; ,I~
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 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
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 accessary uses, and single-family detached
farm or ranch dwellings, provided that no singlewfamily 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 212.172~b},
Section 3. Governing Regulations. 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 r
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 A reement is executed. g
r ~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 r
~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 ~ G
Mobility Plan and other approved Master Plans of the City of Denton, Texas,
and the North Central Texas Council of Gaver~u~~.ents Standard Specifications
for Public Works Construction, North Central Texas, 3rd Ed.199S ~NCTCOG
Manual};
2
~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 Cade, 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, ZD06 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 Safe Code 2003 Edition with re Tonal J ~ tY ~ ~ g
amendments;
k, Minimum housing and building standards, Dentan Code § §28-3 83
- 437 and § § 17-141- 210, as amended and as applicable;
1, Irrigation Standards, Denton Code § §28-441- 457; and
m, Moving Buildings, Denton Code §§25-326 375;
~4} Sign regulations, as captained within Subchapter 15 of the DDC, as amended;
~5} Applicable water and wastewater connection, construction and on-site a eration re uirements, contained within Cha ter 26 of the Denton Code of ~
P q p 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;
r I
6 A licable Flood Protection, Draina e and related standards, as contained ~ ~ pp g
within Chapter 3 0 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
§35.16,19 and subchapter 22 of the Denton Development Code, as amended
3
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 duality, 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 ~ 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 reement Deemed void in Part volunt Annexation.
~A} If an Owner files 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 sections I and 3 of this Agreement shall thereupon become null and void,
B Thereafter the Ci ma initiate annexation of the Pro e ursuant to Tex. Lac, ~ } tY Y p ~Y p
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 voluntar and not sub'ect to the re uirements and rocedures for an annexation lan as Y} J q p p
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 D 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; E
I
City of Denton, Texas
ATTN; Director of Planning and Development 22I N, Elm Street
Denton, T~ 76201
Section 7. Recordin .This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas. i
Section 8. Severabili .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
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 lo. 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 1e 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 agreement as of , 2010, II
Owners
~Ro e reston
i
ath A. Pr n
THE CITY 4F DENTCN, TEAS
By:
City Manager, Deputy City Manager, or ~
Designated Representative
3
J
THE STATE OF TEXAS }
COUNTY OF DENTON ~
P ~
This instrument was acknowledged before me on the ~ ~ day of - ,
2010, by Rodney S, Preston.
~ ` , Nat~ry StAt~ of Ti~tM.
t ~ ~ ~ ~ Notary Public, State of Texas
THE STATE OF TEXAS ~
COUNTY OF DENTON ~
This instrument was acknowled ed before me on the ~ da of ~ y ~ 2010, by Kathy A. Preston.
r
a~~:. ~~~~r~ - CHRISTH~.,A~-
}t .Notary Pu~ll~ 5t~te df ~ix~ r wl ,'b MY GG~I~IIS~{DN ~1t~i~1~~' ~
'r~ 4 , ~ Notary Public, State of Texas ' 'Y
~ E 1,
THE STATE OF TEXAS ~ i
i
.COUNTY OF DENTON ~
-This ins went was ac owled ed before own day of ,2~ b
y ~ ~f , City Mana rlDeputy City ManagerlDes~gnated
epresenta e, on behalf of the City of Denton, Texa ,
i ~ ~ I
~t~~~tY P r~~4 ~ ~ ,~~41p~ ,~s,`~r' w~~r~~s ary Pu c, State of Texas
w Notary pu~li~, Mate of Texas ,.y„ My ~e~tmki~ai5o~~ ~~tplres
~t1~1 1~~
APPROVED A T ~ ~ S 0 LEGAL F~~
ANITA BURGES S, CITY ATTORNEY
~
~f 6
After recording return to.
Jennifer Walters
City secretary
215 E. McKinney
Denton, T~ 76201
CI~APTER 212 TExAS LOCAL GGVERNMENT CEDE
N(]N~A.NNExATI(~N 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 Christopher T, and Joyce L, Robinson
~"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 21.543 acres of land, more or less, situated in the ~Villiarn Roark Survey, Abstract
No, 1087, Denton County, Texas, and .being more fully described in that certain General
warranty Deed with Vendor's Liens dated October 22, 2007 from Philip L, Pierce and
wife, Deborah D. Pierce to Christopher T, Robinson and Joyce L, Robinson, filed for
record on October 25, 2007 and recorded in Instrument Number 2007-126327 of the Real
Property Records of Denton County, Texas, Said 21.543 acres of land, more or less, is
commonly known as DC~4D Property ID 7883,
SAVE & EXCEPT: 0.486 acres of Land, mare or less, situated in the William
Roark Survey, Abstract No, 1057, Denton County, Texas, and being more fully
described in that certain Donation Deed dated June 1, 2004 from Philip L, Pierce
and wife, Deborah D, Pierce to Denton County, Texas, filed for record on June
22, 2004 and recorded in Instrument Number 2004-82064 of the Real Property
Records of Denton County, Texas.
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
wI-IEREAS, 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
w EXHIBIT
1
Q!
wI~REAS, the Parties are desirous of entering into an agreement authorized under Tex,
Loc, Gov't Cade section 43.03 5; and
w~REAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NGw, THEREFGRE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows;
Section l , Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees rat to annex the Property far the terra of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subj ect, however, to the provisions of this Agreement.
Section 2, Development Plan. The Gwners covenant and agree that use of the Property
for the terra 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 singlewfamily 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, far 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 ~i
~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 k
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 ~NCTC4G
Manual};
2
(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;
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, Cade of Ordinances Chapter 17, Denton Property Maintenance
Code, as amended;
h. International Energy Conservation Code, 2006 Edition with
regional amendments;
i. National Electric Code, 2005 Edition with local amendments,
j, National Electric Safety Code, 2003 Edition, with regional
amendments;
k, Minimum housing and building standards, Denton Code ~~28-383
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;
1 i
~6} Applicable Flood Protection, Drainage and related standards, as contained
within Chapter 3 0 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 VL~ater 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
Emer enc Mana ement Administration as amended and g y g ~ ,
~7} Gas well platting, drilling and ~ production standards, as contained in
X35.16,19 and subchapter 22 of the Denton Development Code, as amended
3
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.
Development Plan to Remain ~n Section 4, ' , , ,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 1 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 Iaw, 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 ex iration of the 1$~~da eriod durin which the Develo meat Plan is in effect. p yP g P
Section 5, A regiment Deemed Vaid 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-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. Lac. 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 ~ 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; E i ~
City of Denton, Texas ~
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, Tx 76201
E
. Section 7. Recordin .This Agreement is to run with the Property and be recorded the real pro girt records, Denton Coup ,Texas.
p y tY
Section 8. Seyerabili ,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
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 sa 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 l o, 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 ie Co ies, This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 3. 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 Agreern.ent, together with any other provisions, as may be necessary for the
implementation of those sections,
The Parties hereto have executed this agreement as of , ~Q 1 Q,
Owners
,r~~
Christopher T, Robins I
a.,.u..aa~=ms's ~
Joyce ~ , obinson
r
i
THE CITY OF DENTON, TExAS
BY~ k City Manager, Deputy City Manager, or
Designated Representative
5
THE STATE CF TEXAS }
COI7NTY OF DENTON }
r" r,
This instrument was acknowledged before me on the ~ ~ da of ~ , Y 2010, by Christopher T, Robinson.
Y
r~4r . ~N1ll~ A~~~ . ~ Notary PuhNc State o~ ~ix~ ~
i MY Gp~tMI~IDtI ~ ~ i + tick R, . - =-Y ~
- ~ Notary Public, State of exas S
THE STATE OF TEXAS }
COUNTY OF DENTON }
5 This instrument was acknowledged before me on the day of ,
2010, by Joyce L, Robinson.
~~Ly~~ ' ~ ~ ~ i
~r
I ~ H1aFCf~ ~f,~l~
" ~ ~ ~ ~ - ~ Notary Public, State of Texas
THE STATE OF TEXAS }
COUNTY OF DENTON }
. This ins ant was a owledged before m . n~the day of ,20~
~Y ~i Mana er e u Ci Mana erlDesi ated
tY g p tY tY g ~ ~tepresenta ve, on behalf of the City of Denton, Texas,
h I I~
li
~k,,oi~~r~~~rr,~ ~~~~N~~~~ K, ~va~~~~s Pub ,State of TeXas
w w Notary ~'u~iic, St~t~ of Texas ~ ~ ~ w ~ My ~~rrli~iasit~n expires
~~~~++a ~;,14~~ a~c~mb~r ~ 2~1D
-~,,."w'.~.,, ~ 1
APPROVED AS ~:OiLE'CxAL FORM;
ANNA BURGESS, CITY ATTORNEY
r~r+ ' ! ~,.r~
BY:
6
After recording return to:
Jennifer wafters
City Secretary
215 E. McKinney
Denton, TX 7b241
CHAPTER 212 TEXAS L[]CAL GQVERNMENT CQDE
NQN~ANNEXATIQN AQREEMENT
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 Richard and Julie Smutzer ~"Owners"}, the
property owners of the hereinafter described property the "Property"} Denton County, Texas,
sometimes individually or collectively referred to as "Party" or "Parties";
Being 3.147 acres of land, more or Tess, situated in the James Severe Survey, Abstract
No.11 b4, Denton County, Texas, and being more fully described in that certain Warranty
Deed dated February 19, 1997 from Brighton Trading Company, L,C. to Richard A,
Smutzer, Bled for record on February 24, 1997 and recorded in Instrument Number 97-
RD01158$ ofthe Real Property Records of Denton County, Texas,
SAVE & EXCEPT; O.D47 acres of land, more or less, situated in the James Severe
Survey, Abstract No. 11 b4, Denton County, Texas, and being more fully
described in that certain Donation Deed dated February 12, 2D05 from Richard
Smutzer to Denton County, Texas, filed for record on March 2, 24D5 and recorded
in Instrument Number 20D5-24D62 of the Real Property Records of Denton
County, Texas,
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;
i
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;
I
`~IEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as Iand for agricultural or wildlife
mono ement use, or timber land ursuant to Tex, Tax Code cha ter 23.C, D, or E; and k g p p
`k
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 43.43 5 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex, Loc, Gov't Code section 212.172 far
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.
Lac, Gov't Code section 43,035; and ~ EXHIBIT
1
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 l , 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 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 sub' ect to this A Bement into arcels each of which is at least five 5 acres in size for the J ~ P ~ }
purposes set forth in this section without being in violation of this Agreement, Such uses and
activities constitute the develo meat lan for the Pro ert in satisfaction of Tex. Loc. Gov't p p p
Code section 2 l2. ~ 72~b},
Section 3, Governing Re lotions, 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 Zonin standards contained in the Denton Develo meet Code "DDC" , as g p ~ }
amended pursuant to The Denton Plan,1999-2020, as amended, including but ~ r
not limited to the ~RDwS} Zoning District regulations, and standards
incorporated therein
~2} The subdivision and development regulations contained within the Denton t~
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 k k
for Public works Construction, North Central Texas, 3rd Ed.199S ~NCTCCG
Manual};
(3} Denton building codes, as contained within Denton Code Chapters 17, 28 and
29, and DDC Subchapter 24, adopting:
2
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 Cade, 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, Natianal Electric Safety .Code, 2003 Edition, with regional
amendments;
k, Minimum housing and building standards, Denton Code §§28w383
- 43 7 and § § 17~ 141- 210, as amended and as applicable;
1, Irrigation Standards, Denton Code §§28441- 457; and
m. Moving Buildings, Denton Code §§28-326 - 375;
.
~4} Sxgn regulations, as contained w~th~n 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 Cade of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended,
the Denton 'Dater 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
k
~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 [Jtilities
Code, the Texas Natural Resources Cade, the Texas water Code, and
3
it
applicable administrative standards of the Texas Railroad Commission and
Texas Commission on Environmental Quality, as amended,
I~~~~
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 far
a period of 18D 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 Bement Deemed void in Part Volunt Annexation.
~A} If an owner files an a lication or lan of develo went for or otherwise y pp p p
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. i'
Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of
land as may then exist. Uwners 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 far an annexation plan, as
required by Tex, Loc. Gov't Code section 43.D52, or successor statute. t
Section Notice of Sale. Any person who sells or conveys any pardon of the Property
shall, prior to such sale or conveyance, give 3 D 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: f
City of Denton, Texas
ATTN: Director of Plannin and Develo meat g p
221 N. Elm Street
Denton, Tx 762D1
Section 7. Recordin .This Agreement is to run with the Property and be recorded in the ~r
real property records, Denton County, Texas,
Section S. Severabilit~, Invalidation of any provision of this Agreement by judgment or court order shall not invalidate an of the remainin. rovisions which sha11 remain in full force
Y gp and effect,
4
Section 9, Remedies, This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement,
Section 10. 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. i
Section 11, Venue. Venue for this A Bement sh 11 e 'n gr a b ~ Denton County, Texas.
e C Section 12. o ,,ies. This Agreement may be separately executed i xecut~on u„ , ~ p,~~,~~.,,..~...~~~..~.~.,p.~
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 , 2010.
Owners
i
Ric d Smutze 3
`e Smutzer
TAE CITY OF DENTCN, TEAS I
i
By; City anager, Deputy City Manager, or
Designated Representative Ir
~k
i
5
THE STATE QF TExAS }
COUNTY aF DENTQN } -
1
This instrument was acknowledged before me on the ~ day of
2010, by Richard Smutzer. a i
J ipl 7 '~~lj _N~ ~ j
~o.^ ~ :No~~ry ~ ~c S1a~te o~ TexM ` ; 1ViY G~i~i~N ~ltplA~~ ~
~ ~ ~ ~ r
Nota ublic State of Texas 4~ rY Fj~. .
L
THE STATE OF TExAS }
COUNTY OF DENTQN }
This inst ment c ~ ~ ru was a knowledged before me on the day of i 2010, by Jule Smutzer,
,~~Y ~r~4
~ -.~~'r. ~vl f 1 I 1 1:1. UO~~t7~
MY COMMISSION XPiA~S 4ctd~r 1~ ~i2 5 n i rri~tii Notary P lic, Stat Texas
THE STATE OF TExAS }
ii
COUNTY OF DENTON }
. . r This ins ent was ac owled ed before m e day of ,2 , by
~ City Mana rCDe uty City ManagerlDesi aced
p ~ r Represents e, on eha of the City of Denton, Te
.
~ wA~~~~~ o ary Pu 'c Stake of Texas `4~~o,~P~Y PG~ri~r~ ~ ~ }
M ~ NQtBr~ ~ubiiG, ~t~te o~ ~'~xas ~~,4 My ~orxl~~l~~it~~ ~~cpires
► d~~~~ri~~r 7 2~~ D f~~r~~ti~ti~```w
" f APPROVED AS T~ ~E~~-U-F •
ANNA BUR:~G~SS, CrTY ATT4 EY
f-'
r
BY~'r
r
After recording return to
Jennifer 'LValters
City Secretary
215 E. McKinney
Denton, Tx 76201
CHAPTER Z12 TExAS LOCAL GUVERNNIENT C(]DE
NGN-ANNExATIUN AGREEMENT
This A Bement is entered into ursuant to Section 212.172 Tex. Local Gov't Code b and p y
between the City of Denton, Texas the "City"} and Paul A. and Tammy D. Tubbs ~"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 4,390 acres of land, more or less, situated in the James Severe Survey, Abstract
No.1164, Denton County, Texas, and being more fully described in that certain Warranty
Deed dated Gctober Z2, 1995 from Don F. Logan and wife, Patricia A. Logan to Paul A.
Tubbs and wife Tatum D. Tubbs fled for record on Gctober 26 1995 and recorded in y ~ ,
Volume 4204, Page 547 of the Real Property Records of Denton County, Texas. Sand
4.390 acres of land, more or less, is commonly known as DC~D Pra~per~y ID 20081 E
WHEREAS, the City has given notice of its intent to institute annexation proceedings for
the Property in accordance with Tex. Lac, Gav'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 ~s
binding upon the City and the owners and their respective successors and assigns for the term of
the Agreement;
• 4
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 i
WHEREAS, OWNERS represent that it is their intention not to develop the Property
during the term of this Agreement; and
i
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
w~IEREAS, 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;
w EXHIBIT
1
m
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, Develo m , „ ' _ p ent 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 ranchwrelated 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 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 revert the continuation of a .p
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
, • ! . R . ,
~2} The subd~v~s~on 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 ~ f
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 CTCGG ~
Manual}; ~ t
~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;
d. International Plumbing Code, 2006 Edition with local
amendments;
2
e. International Fuel Gas Code, 2006 Edition with local amendments;
f. international Mechanical Code, 2006 Edition with Iocal
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 §§28-383
43 ?and § § 17- ~ 41 210, as amended and as applicable;
I. irrigation Standards, Denton Code § §28441- 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 onWsite
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 an 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.
ect~on Deye o~pment P an 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 1 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
3
City for the Property during such period if such application or plan is inconsistent with the
Development Plan, The Gwners 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.
Sectian 5. A reement Deemed void in Part volunta Annexation.
~A~ If an Owner files 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~ 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. An erson who sells or conve s an onion of the Pro ert Yp Y Yp p Y
shall, pnor to such sale or conveyance, give 30 days wntten nonce 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, T~ 76201
Section 7. Recording, This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Sectian S, Severabili .Invalidation of an rovision of this A eement b 'ud ent or Y~ ~ YJ ~ ~ E
court order shall not invalidate any of the remaining provisions which shall remain in full force ~ t
and effect,
Section 9. Remedies, This Agreement may be enforced by either owner or the Ci b tY Y
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by owner waives no rights as ~
to matters not addressed in this Agreement.
Section 10, Change , in Law, No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
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 "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 , X010.
owners
'E
Paul .Tubbs
r
Tammy D, Tubbs
THE CITY CF DENTCN, TEAS ~ t
By;
City anag r, Deputy City onager, or
Designated Representative
k
k
5
Ii
THE STATE 4F TEXAS }
i
COUNTY QF DENT4N }
.
This instrument was acknowledged before me on the day of ~ v`~ 20 ~ 0, by Paul A, Tubbs,
~ ,
.y~
Natary Pubiic State df T~>~ M ~ ~ c ~
MY ca~MtaaiaH ~xptA~~ I~r ~t a ~ s ~ ~ ~ +r
. Notary Public, State of Texas
THE STATE 4F TEXAS }
COUNTY ~F DENT4N }
This instrument was acknowledged before me on the day of ~ ,
2010, by Tammy D, Tubbs,
Notary p b~iG ~Statl~ ~ Tix~1..y- ~~lrllllt~IQN ~1~5 r" ~ X01 ~
Notary Public, State of Texas
~ Y
THE STATE CF TEXAS }
I'
COUNTY OF DENTC~N } ~ ~f
This ~nstru nt was ac wledged befare me , e day of ~ ,2 by
ity Manager eputy City ManagerlDesignated
Representat e, on behalf of the Ci of Denton, Texas, tY
~~NNi~~~ WA~tE~S
. ~ ~ ~~~~ry ~~~~iC, st~t~ ~f T~x~s ~o Pu ~c, tate of Texas
,~w,k My Car~mi~~l~n expires ~ . ~~''~rt~P~~~~~~~ ~~c~ra'ib~~ 1 ~~1 p
- ~F
f
APPROVED AS T~ LEG~..F~1~..~:
ANNA BUR,~=ES~~~.~C~TY ATTURNE k s
Yr r~ I
r ' j I
After recording return to
Jennifer Walters
City Secretary
215 E, McKinney
Denton, T~ 76201
CHAPTER 212 TExAS LGCAL GGVERNMENT CGDE
NGNwANNEXATIGN 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 Kevin M, Wade and Sheila L, Luster
~"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 6.460 acres of land, more or less, situated in the James Severe Survey, Abstract
No.1164, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated October 28,1992 from Brighton Trading Company, L,C,
to Kevin M. 'Lade and Sheila L. Luster, fled for record on November Z5, 1992 and
recorded in Volume 33 $5, Page 616 of the Real Property Records of Denton County,
Texas,
SAVE & EXCEPT: 0.574 acres of land, more or less, situated in the James Severe
Survey, Abstract No. 1164, Denton County, Texas, and being more fully
described in that Donation Deed dated March 3, Zoos from. Kevin M. Wade and
Sheila L. Luster to Denton County, Texas, filed for record on March 15, 2005 and
recorded in instrument Number 2005-30082 of the Real Property Records of
Denton County, Texas.
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; i
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 ursuant to Tex. Tax Code cha ter 23,C, D, or E' and
p p ~ k
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 praperty owner and a f
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
a~ EXHIBIT
a
1 ~ E a
WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex.
Loc. Gov't Code section 43.43 5; and
WfIER.EAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NO~V, 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 far the term of this ~
Agreement, as hereinafter defined, and any subsequent renewals as maybe 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 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 sub`ect to this A Bement into arcels each of hich i e ~ gr p w s at I ast five ~5} acres to 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. Gav't
Code section 212.172~b}.
Section 3. Goyerning_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 ~i
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 cantained 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 i'
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.199S CTCOG I'
Manual};
2
~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;
d. International Plumbing Code, 2006 Edition with local
amendments;
e. International Fuel Gas Code, 2006 Edition with~local amendments;
f. International Mechanical Code, 2046 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 Safe Code 2003 Edition with re Tonal J tY ~ ~ g
amendments;
k. Minina.um housing and building standards, Denton Code §§28-383
- 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 §§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
o eration re uirements contained within Cha ter 26 of the Denton Code of
p q s p 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 Ut111tles 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 ~
§35.16.19 and subchapter 22 of the Denton Development Code, as amended
3
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. Fallowing termination of this
Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for
a period of 1 S0 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 Uwners 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 ',r
is inconsistent with the development plan shall be considered established or inexistence prior to
the ex iration of the 1 S0-da eriod Burin which the Develo ment Plan is in effect. } p yp g p
. ~I
Section 5. A reement Deemed Void xn Part' Volunt Annexation.
~A~ if an Owner files 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~1, or other such other provisions governing voluntary annexation of
land as may then exist. Gwners expressly and irrevocably consent to annexation of the Property i
under such circumstances. Gwners further agree that such annexation by the City shall be
deemed voluntar and not sub'ect to the re uirements and rocedures for an annexation lan, as y} J q p p
required by Tex, Lac. Gov't Code section 43,052, or successor statute.
f
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 7201
~ k
Section 7. Recordin ,This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severabili ,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
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 Uwner 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 12, Execution in Multi le Co ies. 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 u on ~ P
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 Bement as of ~ , 2010.
Own s
Kevin M, wade
i
Sheila L. Luster
I r
TAE CITY CF DENTCN, TExAS
By~
City onager, Deputy City Manager, or
Designated Representative
5
Fib ~0 1~ 1~t~8a S. Lu~tar ~~038~3a~~ p.~
~i
Section 9, Remedies, This Agreement may be enforced by either Owner or the City by
any prQCeedi~g at law or ~n equity. Failure to do so shall not be deemed a waiver tQ enforce the
provisions of this Agreement therea~er. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section I Chan e in Law, Na subsequent change in the lair 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 i i. Venue. Venue for this Agreement shall be in Denton County, Texas. ~
Section I2, Execution in Multi le Co ies, This A eernent ma be se aratel executed y p Y
in individual counterparts and, upon, execution, shall constitute one and same instrument,
Section ~ 3. Term and Extension. The initial terms. of this Agreement shall be for a period
of dive years franc the Effective Date the "Term"}. The Effective Date of fhe Agreement
shall be the da#e the Agreement is executed by the City. The Term may be extended upon
mutual agreement of the Faxties.
Section i4. Survival of Covenants. The covenants in Sections 2, a, nd ~ shall survive
termination. of this ,A~green~ent, together witb any other provisions, as may be necessary for the
implementation of those sections.
The Parties hezeto have executed this agreement as of ~Z~ ~~BR~ ~Q l ~ =
E~ f
Owners f I'~
~ev~n I1~i. wade
Sheila L. Luster
i'
h
T:~E C~T~ OF DENTON', TE~A.S
-
~ : ~ ~ y
City ~Sanager, Deputy City tanager, or
Desxg~aated Representative
5
Feb ~0 10 1~:10e S. Luster 0400033010
'THE STATE TE~A.S }
C~~ CAF DENTIN ~
This instr~t~ent was acknowledged before me on the day of ~ ,
2Q l 0, by Kevin N~, wade.
Notary Public, State ofTexas
THE STATE ~F TEXAS ~
CC~tiN'~'~' ~F DENTCN ~
This instr~~eut vas acknowledged before ~e on the day of
~ i s ~ ~~~I~I~~t~~~us~er, ~
~~~~~~1 ~ A ~~r~fi O ~,,.~~„~~~~~~~it~ + ~1 ~rl AEI f
~ ~ •,+s
r 3 ~ No public state of Texas r~~
C~~NTY Oki` 4 ~~N'T~N } r
• • ~E / ~ ~ This ~n ~t was ac owled d before m ~ the / day of ,2 by -
r Ci~r tanager eputy Ci ManagerlDesig~ated
l~.eP.resenta ~ e, on behalf of the City of Denton, Texa ,
,~~~titirr~r~~~ ~~NN~i"~~
~ Natary i~ublic, State a~ Texas Na ~ Pubic tote of Texas
%:~;~,,,,~~~;,k My Cerr~missia~ expires t
a~c~mber i9, ~~~0
APPR~~ED A~ T~ LEGA.~ F~JR~;
AN~3',A SURGES S, GrT~ ATTt~RNE~'
y:
f,:
THE STATE ~F TEXAS }
COUNTY ~F DENTIN }
This instrument was acknowledged before me on the ~ da of
y } 2010, by Kevin M, wade.
~ '
~a~,It1f ~A~~`" CHR~~T~HE Ar ~
" Notary Public State of Tex~~ ~ 1 ~ MY CplidMiSSiDN ~xpii~E~'
X41 . Notary Public, State of Texas ~ t~ - y .
THE STATE OF TEXAS }
Ct~UNTY OF DENTON }
This instrument was acknowledged before me on the day of
S 2010, by Sheila L, Luster.
i
i
Notary Public, State of Texas
THE STATE nF TEXAS }
COUNTY OF DENT4N } ~
j Th1s ~nst ent was . cknowl ged before me day of ,20~~ by
,City Manager e~uty City ManagerfDesignated~
Representati , on behalf of the City of Denton, Texa .
r
~ ~ i ~,~'`~~~1~'~, ~~P~NiF~R wa~t~~s o Pub Ste of Texas
, Y ~~~b~P'' `~.lf~+, ~ Notary ~ubiio, State of Texas ~
,~y My Commission expires ' .`~{fr~oF~,;t`~~ December ~4, 200 ~
~rr~~m ~ I
r
APPROVED AS T4 L~~~L FORM;
ANITA BURC~E~S CITY ATTC Y ~ ~
.ma''`r ~ ~ i
BY:''~
6