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2010-074s;laur dacumentslardinancesll01paa3 accepting non annexation agreements,doc ANCE N0. ~ 0~0~4 ORDIN AN ORDINANCE PROVIDING FOR 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 OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS PAA3 OF APPROXIMATELY 1,075 ACRES LOCATED ON THE SOUTH SIDE OF GANZER ROAD, NORTH AND SOUTH OF BARTHOLD ROAD, NORTH OF FM 1173, WEST OF I-35, AND MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, pursuant to Section 43.061, Subchapter C-1, Local Government Code, a home rule city is authorized to annex certain areas that are not required to be in an annexation plan, and the City desires to pursue annexation of PAA3, as hereinafter described; and WHEREAS, Section 43.035, Subchapter B, Local Government Code requires the City to male offers of non~annexation development agreements to the owners of all properties which have been appraised for ad valorem tax purposes as land for agricultural, wildlife management or timberland within the area to be annexed; and WHEREAS, under a non~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 Tight 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, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations con#ained in the preamble of this ordinance are incorporated herein by reference. s:lnur dncumentslnrdinancesllOlpaa3 accepting non annexation agreements,~nc SECTION 2, The area of land which abuts and is adjacent to the existing corporate limits of the City of Denton, Texas, known as PAA3, 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 PAA3, 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 prope~~ty 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 ~~nister~al act, but with an effective date of this Council s action on same, The City Manager shall further arrange forthwith for the recordation 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 PAA3, the City Manager is authorized to rescind the City's action accepting said non-annexation agreements within six months of the effective date of this Ordinance should any property owners subject to the agreements so desire. SECTION 6. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7, This Ordinance shall take effect immediately on its passage. AND IT IS SO ORDERED. Passed by the City Council reading this 2n~ day o ~ arch, 201 j ~ A A. BURR GHS, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY. APPR ED AS O LEGAL FORM; ANITA BURGESS, CITY ATTORNEY BY: < < ~ Page 2 EXHIBITA Atine~a~on Traci P.~A3 gage 1 of . )~EOINNING at a point on the present Denton city limits line, described as the southwest corner of an annexation tract established and described in Ordinance 195-246 and further described therein as being on the centerline of F.NI,1173; 'THENCE North $7° ~7' East, along the center line of F.M. I l 73 and along the present Denton city limit line as established in said ordinance 198-~4d a distance of 3105 fret to a point for corner; THENCE North 89~ 39' East, along the center line of F.llri,1173 and along the present Denton city limit line as established in said Ordinance 1985246 a distance of 2,1535 feet to a point far corner, said point also lying X00 feet west of and perpendicular to the center li~ae of Interstate .Highway 35, said point also being an the westerly line of a City of Benton annexation tract established and described in Ordnance 1969-4D ~Tract'~}, THENCE South OZ° 57' East, parallel to and SOD feet west of the center Iine of interstate Highway 35, same being the present Denton city limit line established and described in Ordinance 1969-40 Tract Vl}, a distance of 4~ feet to a point for corner, said point lying on the south right-of-way line of F,M.11 ~3 and also being the noi.east corner of a City of Denton annexation fact established and depicted in ordinance 2aD7-268(Exhibit A-3 therein}; 'FENCE South 89° 19' S4" ~"est along the south right-of way line of p',M.1173, same being the north line of said City of Denton annexation tract established, described and depicted in Ordinance 200'~~268 Exhibit A and Exhibit A-~ therein}, a distance of 1,801 feet to a point far a carver; THENCE South 88° 0'7' 35" west along the southright-of-way line of F,M,1173,same being the north line of said City of Denton annexation fact established and described in Ordinance 2007-268 Exhibit A therein}, a distance of 99.83 feet to a point for a corner; THENCE North SS° 37' 44" west along the south ~ght-of-way line ofF.M,1173, same being the earth line of sand City of Denton annexation tract established and described in ordinance 2047-268 Exhibit A therein}, a distance of 401.49 feet to a point for a corner; THENCE North S4° 33' 28" west slang the south right~of-way line of T'.M, t 1'~3, same being the north. line of said City of Denton annexation tract established and described in Ordinance 20p7-2~8 Exhibit A therein}, a distance of 100.64 feet to a point far a corner; THENCE North $?e 39' S9'' west along the southright-of~way, line ofF.M, l 173, same being the north line of said City of Denton annexation tract established and described in Ordinance 20D7-268 Exhibit A thereit~~, a distance of 1,634.99 feet to a point for a corner, said point lying on the easterlyright-of-gay line of the Kansas City 5outhe~ . . Aan�ne�ation '�ra.ct �'�.A.3 [F��ge � �� 3) Ra��wa� (�'ormer�y �u��", ��Ia�ra.do and Sante F� Railraa� Corn�an�rj, said pa�r�t a�so beir�� the �o�i�r�st �arn�r vf �a�d ��ir�a�t�e �007��6� a�exa�ian �ract; 7'��T�E r��rth�rester�y, depa�n� the e�isting D�nta�a �� i�i�s ar�d a��ng �� arc$, �o�rs�s �nd d�sta�ce� ofth� sa�� easterl� rai�road r�ght-of-��ray �ine � tata� ��sta�c� �f �,59� f�et �� poir�t �ar a c�rr�er; said �a�nt �e�ng the int�r�ec�i�� `t�� sa.�d easte�l� . ra��r�a� �ight�of�-way �in� an� t�.e south r�g�t �f �r�y I�ne af �anz�r ��st R�ad3 T��T�� in ari �ast�rly ��r��t��n, alar�g t�e c��rs�s an� d�sta�c�s �ft�ie so�.�herly implie� r��f�v�a�r I��x� of ��r ��st Roa.d. a tata� dxsfa��e �� 8, � S� fe�� o a p�int fQr a corn�r, sai� pc�tn� lying �r� �� p�'esen� T�en�� c�t� �imit ��n� esta�lished at�c� �es�r�bed by ar�n�xatinr� ��rc�i�narice � �87-� � 41; TI-�E�� Sou�k� � � ° S �' �ast �.1�n� �h� ��s�� e��r� �� irn�.t �in� esta��s�ed �a.d ��scrib� �y anne�at��n �rd�.anc� �957� �� , a distan�e ��' �2� �e�t t� a. �a�n.t f�r c�r�e�, sai� point b�ing �h� sau�hw��t carne� o� sai�. �r��.it��nce 1��7-� 14 � ant�exati�ri �ra�t ar��1 also ��in� �n �h� nor�h �ir�e o�` a�ity �f De��an a�a�ae�at�an tr��t �sta.��is�ed an� �es�r��d �n �}�C�1�1�1Ge � �� 4U ��'r�C� V��; � Ti C��CE �ort� 8�° 53' �'�s� alo�� t.�e �res��t D�nto� city �im�t I�ne �sta�lish�d �nd �escr�b�� b� �nn�.xat��ri �r�i�na��e � 9�9n4� (�'ract VI� a�istance o��54 f�et ta a paint �a� co��r, saici �a�int I��g 500 f�e� �ves� of th� �ai� �enter Iin� if Int�rstat� I��hvva� 3 5 and �e�n� �e no��st co�er �f sai� an�exario� ��rdx�ar�� 19�9-�� T'�ract VI}� T��C� Sou�t�i �4� 44' �a.st pa��lle� f� �� D� feet ��s� o�'s�d cer�t�r ��.e �f Ir�tersta�� Hig�way �5 and �l�ng the pr�se�t Der�t�n ci�y lim�t 1�ne es�abli�hed and d�scr�bed �y a��e�atX�� r��nan�� 1�69--�4� (Tr�� I� a di�tance of�,�S7 f��t �� a��i�t f�� cc��n�� said point �yir�g S�Q fe�� st �f �.e sa.�d cex�t�� 1�� of Interst�t� ��g�iway � S a�a.d be�ng �i� nort�ea�t �orner 4�'sa�d ar�x�.exat�� r�ct es�a�lis�ed a�.d ��cr�� in �rdi�,��e I985��; TI-�.�N�E �Ior�� 9° ��' ��st �or�g th� pres�nt ��ntari cit� limi� �ine estab�ished atxd des�� y a.ra�.ex�tion �r�i�nce 1�$5-246 a dis�an�� of 324+� feet to � p��t for c��er; THE�C� ��u��h ��° � 5' �0" ��st al�ng t�e pt�se�nt I3�ntan cit�r l�mit ��ri� esta��ish�d �n� d�scr�be.� b� a�n.e�at��n ��d�an�e T 955�� a d�s�a.�ac� �f 1,�� f�et t� a� �o��.t �o� c��er; T��T�� Nart� $9° 28' 'L��st a��.g �� p��sex�� er�to� c�t�r Z�m.�t Ii�e �sta��sfaed axx� d�scri bed �y at�t� �x�ti�� rdi nance 198 5-24� a c�i s�ance af x,�3 �.� � fe�t t� a p�int �or cQrr�er� Anne~a~ion Traci P~►.A,3 Wage 3 of 3~ THENCE South 00° 25' gyp" West along the present Denton city Iirnit line established and described by annexation Ordinance 19$5~~4~ a distsnGe of I,~71,?Z feet to a point for corner; THENCE youth 00° 4~' West along the present Denton City i;mit line established a~ld described by annexation Ordinance 19$SW2~5 ~ distance of~2~,35 to the POINT OF BECNNING and containing 1,090 acres of land, . 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J y~ 1 1 V 1 s ~ tAWWI FREE~iE ~I~ 0~ ~O~I~C~n, ~Ox85 Acres w ~ s F'~t a 504 1,aao z,oaa 3,oaa After recording return to: ~enniferWalters City Secretary 215 McKinney Denton, TX 76201 CI~APTER 212 TExAS LQCAL GGVERNMENT CODE N~]N-ANNExATIGN AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex, Local Gov't Code by and between the City of Denton, Texas (the "City"} and Evelyn Maria Barthold ~"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 100 acres of land, more or less, situated in the John w. Gibbons Survey, Abstract No. 446, Denton County, Texas, and being more fully described in that certain Special warranty Deed dated January 6, 2000 from Evelyn Maria Barthold, as Trustee of the Ella Barthold Living Trust dated February I?,1998 to Evelyn Maria Barthold, fled for record on January 7, 2000 and recorded in Volume 4501, Page 1893 of the Real Property Records of Denton County, Texas, SAVE & ExCEPT; 1,53 acres of land, more or less, situated in the John w, Gibbons Survey, Abstract No. 446, Denton County, Texas, and being more fully described in that certain warranty Deed dated November 24, 1954 from Ella Barthold to Gulf, Colorado and Santa Fe Railway Company, Bled for record on February 11, 1956 and recorded in Volume 419, Page 194 of the Real Property Records of Denton County, Texas. The remaining 98.47 acres, more or less, is commonly known as DC~1D Property ID ~n9.33. 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 far agricultural or wildlife management use, ar timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex, Loc. Gov't Code section 43 , 03 5 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex, Loc, Gov't Code section 212,172 for purposes of retaining land in the municipality's ETJ in exchange for the property owner's EXHIBIT 1 x. ~ 6 J ~W covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex. Loc, Gov't Code section 43 , 03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; Now, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows; Section I. Continuation of ETJ Status, The City guarantees the continuation of the extraterritorial status of the Property and agrees nat to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement, Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five ~5}acres, The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least five ~5} acres in size, for the purposes set forth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan far the Property in satisfaction of Tex, Loc, Gov't Code section 212.172~b}. Section 3 . ~ , , ,~n~ Reg, ions. The fallowing City regulations shall apply to any Govern, ulat- 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 far agricultural, wildlife management ar 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,1999-2~~Q, as amended, including but not limited to the (RD-5} Zoning District regulations, and standards incorporated therein ~Z} The subdivision and development regulations contained within the Denton Development Cade, as amended, together with applicable Design Criteria Manuals including construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed.1998 (NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Cade Chapters 17, 2S and 29, and DDC Subchapter 24, adopting: a, International Building Cade, 2x46 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. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h, International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments, National Electric Safety Code, 2043 Edition, with regional amendments; k, Minimum housing and building standards, Denton Cade § §28-3 83 437 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} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended; the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, ~ as contained within Chapter 30 of the Denton Code, 'as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Cade, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and 3 ~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. Development Plan to Remain in Effect,, Fallowing termination of this Agreement far any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan, The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by Gammon 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 180Wday period during which the Development Plan is in effect, Section 5. A reement Deemed Void in Part Volunt Annexation, ~A} rf an Gwner f les any application or plan . of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon became null and void, ~B} Thereafter the City may initiate annexation of the Property pursuant to Tex. Lac. Gov't Cade subchapter C~1, or other such other provisions governing voluntary annexation of land as may then exist, Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subs ect to the requirements and procedures for an annexation plan, as required by Tex, Lac. Gov't Code section 43,052, ar successor statute, Section 6. Notice of Sale, Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 3 0 days written notice of this Agreement to the prospective purchaser or grantee, A copy of the notice shall be forwarded to the Ci at the tY following address; City of Denton, Texas ATTN. Director of Planning and Development 221 N. Elm Street Denton, Tx 76201 Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real properly records, Denton County, Texas, 4 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. 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, Section 11, venue, Venue for this Agreement shall be in Denton County, Texas, Section ~2, Execution in Mu1~~ple,,,,Copies, This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13, Term and Extension, The initial term of this Agreement shall be for a period of five (5} years from the Effective Date (the "Term"}, The Effective Date of the Agreement shall be the date the Agreement is executed by the City, The Term may be extended upon mutual agreement of the Parties. Section i4, 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 agreement as of ~ , 20 i 0. Owners Evelyn aria Barthold THE CITY OF DENTON, TEAS r By, , City Manager, Deputy City Manager, or Designated Representative 5 THE STATE OF TEXAS } COUNTY OF DENTON } This instrt~»aent was acknowledged befo~~e one o~~ the ~ day of r , 20(0, by Evelyn Maria Bal~tl~old, Notazy Public, State of Texas ,.~'o~~'r DC~ROTHEA DURK~N , ; * MY CoN1MfSSl4N EKP~RES +•~t,\ THE STATE OF TEXAS } COUNTY OF DENTON } This inst~~ ~e~lt was a know] ged before me.e~~-thE- day o ,2~~ by , i Mana e (Deputy City ManagerlDesignated Representat' e, on behalf of the City of Denton, Texas, INA~T~(~~ *~,,~i~~Y~G~~ ~~NNI~~~ N~~~ry ~~~~i~ ~t~t~ ~f Teas ' a,,~~~, M~ ~~~~~s~i~~ ~~~ires N Pubic ate of Texas ~~~~~b~r ~~lq APPROVED AS T ANITA BC S S, CITY ATTORNEY max,. B~~ ~ - 6 Upon recording return to: Jennifer Walters City Secretary iettingslceverett.benoll eneverettVacal settingsltemporarp inteniet f1eslo1k9levc1yn maria bartlrold 73 62 ac (2),doc 215 E. McKinney Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex, Local Gov't Code by and between the City of Denton, Texas (the "City") and Evelyn Maria Barthold ("Owners"), the property owners of the hereinafter described property (the "Property") in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being a called 73.62 acre tract of land, situated in the B.B,B. & C.R.R. Company Survey, Abstract No. 141, Denton County, Texas, and being that portion lying East of the Railroad of a 111 acre tract described in "Tract Two: Home Place, Tract Two - A" of that certain Warranty Deed dated November 30, 1994 from Fred Lee Barthold to Evelyn Maria Barthold, filed for record on December 5, 1994 and recorded in Instrument Number 94-R00$9284 of the Real Property Records of Denton County, Texas. Said 73.62 acres, more or less, is commonly known as DCAD Property ID 38485 and DCAD Property ID 173414. 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 ("ETF) for the term of this Agreement; WHEREAS, Owners and the City acknowledge that this Agreement between them is binding upon the City and the Owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43,035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for purposes of retaining land in the municipality's ET7 in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex, Loc. Gov't Code section 43.035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; EXHl81T 1 ~1 7 eAdocuments and settingslceverett.benolkeneverettMocal settingsVemporary intemet filesVk%evelyn maria barthold 73 62 ac (2),doc NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section 2. Development Plan. The Owners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling may be located or constructed on a lot smaller than five (5) acres. The property owner may apply to the City for division of the land subject to this Agreement into parcels, each of which is at least 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 agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established prior to the effective date of this Agreement and which remains lawful at the time the Agreement is executed: (1) Zoning standards contained in the Denton Development Code ("DDC"), as amended pursuant to The Denton Plan, 1999-2020, as amended, including but not limited to the (RD-5) Zoning District regulations, and standards incorporated therein (2) The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals (including construction, drainage, site design, solid waste, transportation, tree protection standards, and water/wastewater), Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the North Central Texas Council of Governments Standard Specifications for Public Works Construction, North Central Texas, 3rd Ed. 1998 (NCTCOG Manual); (3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; C. The International Fire Code, 2006 Edition with local amendments; 2 6documents and settingslceverett.beiiol€;eneverettllocal settingskemporary intemet fileslo]Mevelyn maria barthold 73 62 ac (2).doc d. International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; L 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 - 437 and §§17-141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§28-441 - 457; and M. Moving Buildings, Denton Code §§28-326 - 375; (4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended; (5) Applicable water and wastewater connection, construction and on-site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; (6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas Water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and (7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended. Section 4. Development Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and 3 cadocuments and settingslccverett.benoll:eneverettllocal settingskemporarp internet lileslo Mevelyn mania barthold 73 62 ac (2).doc permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 180-day period during which the Development Plan is in effect. Section 5. Agreement Deemed Void in Part; Voluntary Annexation. (A) If an Owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void. (B) Thereafter the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary annexation of land as may then exist. Owners expressly and irrevocably consent to annexation of the Property under such circumstances. Owners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address: City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elm Street Denton, TX 76201 Section 7. Recording. This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. Section 8. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies. This Agreement may be enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. 4 cAdocuments and seuingsleeverett.benolkeiseverettllocal settingsVemporary inteniet filesUk91evelyn mania barthold 73 62 ac (2).doc Section 10. Change in Law. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to Section 4. Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12. Execution in Multiple Copies. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of five (5) years from the Effective Date (the "Term"). The Effective Date of the Agreement shall be the date the Agreement is executed by the City. The Term may be extended upon mutual agreement of the Parties. Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive termination of this Agreement, together with any other provisions, as may be necessary for the implementation of those sections. The Parties hereto have executed this agreement as of J&Aj 16 , 2010. Owners Evelyn is Barthold THE CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Designated Representative THE STATE OF TEXAS COUNTY OF DENTON to This instrument was acknowledged before me on the 16 day of aA Ot,) , 2010, by Evelyn Maria Barthold. Notary Public, State of Texas ©OROTHEA DURKlN 5 MY COMMISSION EXPIRES ' June 11, 2013 Odocuments and settingslceverett.benolkeneverett\local settingsltemporary intenret filcsWO evclpr maria barthold 73 52 ac (2).doc THE STATE OF TEXAS COUNTY OF DENTON } 414 This instrut en was ack lo~j' edged before me on the ~ day of ,20 ~4by ~iV City Manager/Deputy City ' anager/Designated Representa ' e, on behalf of he City of Denton, Texas. JANE E. RICHARDSON N a Public, State of Texas ~r';'- ~lotary Public, State of Texas My Commission Expires June 27, 2013 6 APPROVED AS TO LEGAL. FORM-: ANITA BURGESS, CITY ATTORNEY After recording return to: ~enniferWalters City Secretary 215 McKinney Denton, TX 76201 CHAPTER 212 TEXAS LOCAL GUVERN~ENT CODE NON~ANNEXATIQN AGREEMENT This Agreement is entered into pursuant to Section 2 ~ 2. ~ 72 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Robert C. and Janeva E. Cole ~"Owners"}, the property owners of the hereinafter descr~.bed property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties"; Being Lot 1, Block 1, Gamer Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Slide 78 of the Plat Records of Denton County, Texas, and being all that certain lot, tract ar parcel of land described in that certain warranty Deed with vendor's Lien dated October 12, 2007 from Russell Wayne white and Vickie Lynn white to Robert C. Cole and wife, Janeva E, Cole, filed for record on October 16, 2007 and recorded in Instrument Number 20071Z231S of the Real Property Records of Denton County, Texas. Said Lot 1, Block 1, Gamer Estates, is commonly known as DCAD .P~ope~~y ID 1 ~5Z1 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 shave that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for- purposes of retaining land in the municipality's ETJ in exchange far the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex, Loc, Gov't Code section 43 , 03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; EXH181T ~ ~ Now, THEI~FGRE, 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 extrate~Titorial 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 tills 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 fa~~m. 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, eacl~ of which is at least five ~5} acres ~.n size, for th~~ purposes set Earth in this section without being in violation of this Agreement, Such uses and activities constitute the development plan far the Property in satisfaction of Tex, Loc. Gov't Code section Z1Z.17Z~b}. Section 3. Governing 1atlons, 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 whicl~ remains lawful at the time the Agreement is executed; ~1} Zoni~ag standards contained in the Denton Development Code ~"DDC"}, as ~ amended pursuant to The Denton Plan,1999WZDZ0, as amended, including but not limited to the ~RD~5} Zoning District regulations, and standards incorporated therein i; ~Z} The subd~v~s~on and development regulations contained wlth~n the Denton ~ Development Code, as amended, together with applicable Design Criteria . ~ Manuals ~~nclud~ng constructian, drainage, site design, sold waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobility Plan and other approved Master Plans of the City of Denton, Texas, and the Nortl~ Central Texas Council of Governments Standard Specifications for Public worl~s Construction, North Central Texas, 3rd Ed.199S ~NCTC4G Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, Z8 and Z9, and DDC Subchapter Z4, adopting; a. International Building Code, 2006 Edition with local amendments; b. International Residential Code, 2406 Edition with Appendix G ar~~ local amendments; c. The International Fire Code, ZD06 Edition with local amendments; Z 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 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 §§28-383 437 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 I5 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and onMsite 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 3 0 of the Denton Code, as amended, and subchapters 17 through I9 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, ~ as contained in X35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Code, and applicable administrative standards of the Texas Railroad Commission ana Texas Commission on Environmental Quality, as amended. Section 4. Develo ment Plan to Remain in Effect, Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days therea~er, or until the effective date of the annexation and 3 permanent zoning of the Property, whichever first occurs, The Parties covenant and agree t~±at the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local ar state law, or by common law, fiom 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 tl~e expiration of the ~ S~-day period during wl~ich the Development Plan is in effect, Section 5. A Bement Deemed void in Part• Voluntar Annexation. ~A~ If an owner files any application or plan of development for or otherwise commences development of azay portion of the Property inconsistent with the Development Plan provided in Section sections 1 and 3 of this Agreement shall thereupon become null and void, i ~B} Therea~er the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter CM or other such other provisions governing voluntary annexation of land as may then exist, Dwners expressly and irrevocably consent to annexation of the Property under such circumstances, Qwners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex. Loc, Gov't Code section 43,452, or successor statute, Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee, A copy of the notice shall be forwarded to the City at the following address; City of Denton, Texas ATTN: Director of Planning and Development 221 N. Elul Street Denton, Tx 7241 Section 7. Recordin ,This Agreement is to run with the Property and be recorded in the real property records, Denton County, Texas. F ,Section S. Severability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full farce and effect. Section 9. Remedies, This Agreement maybe enforced by either Gwner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter, Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement, 4 S ectian 1 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 Execution in Multiple Copies, This Agreerent maybe separately executed in individual counterparts and, upon executian, 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 ti~~e City, The Term may be extended upon zr~utual agreement of the Parties, Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive tei-~nination of this Agreement, together with any other provisions, as maybe necessary for the inxplementation ofthose sections. The Parties hereto have executed this agreement as of ~ , 2010, Owners Robert C. Cole Ja eva E, Cole THE CITY OF DENTON, TExAS i By: City Manager, Deputy City anager, or Designated Representative i THE STATE OF TExAS ; COUNTY OF DENTON ~ This instrument was acl~.owledged before me on the ay of 2010, by Robert C. Cole, Y JE~EM~ i~llE ~ ~ ~et~ry No a Public to Texas ~ S~'ATE CAF `~E~AS s ~~y Gomm, Exp. At~~~st 14, ~D~~ 5 ~ H THE STATE OF TEAS } COUNTY OF DENTON } This instrument was acl~nowiedged before me on the day of ~ ~ , 20 ~ 0, by ~aneva E. Cole, ~j~'r°~} J~~EMY IIf~E t<< ~ ~ Nora ~~~lic nary Publ~ t ~te of Texas f ~Y ~ ~~~T~ ~F TE~~AS ~ ' My Comm, Exp. August 1 X01 d x~~ir`~rr~mar►uyr * u ~tw I I THE STATE OF TE~A.S ~ COUNTY OF DENTON } This fns meat was cl~now dged before me ~ da of ~ 20 ~ b' Y ~ Y ,City Manager eputy City ManagerlDesignated Representa • ve, on behal of the City of Denton; Texas, `,ao~~~~~~~~;~,, J~NNI~ER K. WAi,~~~S ~ c ~ Notary Public, ~tste of Texas o ry Pub ~ ,State of Texas ~ .w~, ;~y, My C~m~is~ion ~xpl~~~ 'ri,~iiti~ ~~~~~1b~~ ~ ~ I APPROVED AS TO~ L;E'~AL FORM: ANNA BURCrES S CITY ATTORNEY ~ ~ ~ ,N....__....~~ ~ t I ~ t i i 6 After recording return to: ~enniferWalters k:ldal_civi11~30120181non-annexation agreements1I002I7 riney tract agreement.doC City Secretor v 215 E. McKinney Denton, TX 76201 CHAPTER Z1Z TE~A.S L(]CAL GOVERNMENT CODE NpN-ANNE~ATI~N AGREEMENT is A Bement is entered into ursuant to Section 212.172 Tex, Local Gov't Code by and Th gr p , between the Cit of Denton, Texas the "City" and Galatyn Park Corporation f/kl a Rancho Vista y Develo ment Com an "Owners"}, the property owners of the hereinafter described property p p y~ the "Pro ert in Denton County, Texas, sometimes ind~v~dually or collectively referred to as t p Y' ~ "Party" or "Parties"; , Bein a called 108.78 acre tract of land, situated in the S. L. Johnson Survey, Abstract g No. 683 and a called 44,473 acre tract of land, situated in the 1, Coy Survey, Abstract No. 212 Denton Count ,Texas, and being that portion lying outside of the city limits, y , of a called 181.792 acre tract described on Page 472 of that certain Special warranty Deed dated December 8,1989 from J & L Partners, acting by and through its manager, L & J Mang ement Co oration, and its partners Josephine Hughes Sterling and Lewis g ~ R. Cauble to Rancho Vista Development Company, filed for record on December 11, 1989 and recorded in Volume 2695, Page 465 of the Real Property Records of Denton Count Texas. Said 108,78 acre tract and 44.473 acre tract are commonly known as Yi DC.~D Pro erty ID 37683 aid DCAD Property ID 38~7~, res~pective~y, WHEREAS the Cit has 'ven notice of its intent to institute annexation proceedings for y ~ the Pro erty in accordance with Tex. Loc. Gov't Code ch. 43; and p 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 in u on the Cit and the Owners and their respective successors and assigns for the term of bind g p y the Agreement; AS the Denton Count A sisal District records show that the Property WHERE y pP . rrentl is a raised for ad valorem tax purposes as land for agricultural or wildlife cu y pp mono ement use or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and g WHEREAS OWNERS represent that ~t ~s their ~ntent~on not to develop the Property during the term of this Agreement; and ov't Code section 43 , 03 5 authorizes a property owner and a WHEREAS, Tex. Loc. G to enter into an a Bement ursuant to Tex, Loc, Gov't Code section 212.172 for munlc~pahty p u oses of retainin land in the municipality's ETJ in exchange for the property owner's p~ g covenant not to develo the ro erty and to authorize the municipality to apply development P p p regulations oat inconsistent with agricultural use; and ~'HEREAS the Parties are desirous of entering into an agreement authorized under Tex. } Loc, Gov't Code section 43.035; and r EXHIBIT N d G k:ldai civi1143Q~2Q I &Inon-annexation agreements1100217 riney tract agreement.doC WHEREAS this A Bement is to be recorded in the Real Property Records of Denton County, Texas; NOw THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETA Status. The City guarantees the continuation of the extraterritorial status of the Pro erty and agrees not to annex the Property for the term of this p A Bement as hereinafter defined, and any subsequent renewals as maybe agreed upon by the gr' 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 A Bement and any extensions agreed to by the Parties shall be limited to . farm-related and ranchwrelated uses and customary accessory uses, and singleyfam~ly detached farm or ranch dwellin s rovided that no single-family dwelling may be located or constructed gip on a lot smaller than five 5 acres. The property owner may apply to the Czty far div~s~on of the land sub' Bet to this A Bement into arcels, each of which is at least five ~5} acres ~n size, far the ~ p ores set forth in this section without being in violation of this Agreement. Such uses and Pub activities constitute the development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172~b}. Section 3, Governin Re lotions. The following City regulations shall apply to any develo meat of the Pro ert , as may be amended from time to time, provided that the p p y a lication of such re latiions does not result ~n interference with the use of the land for pp ~ a 'cultural wildlife mono ement or forestry purposes and does not prevent the continuation of a ~ ~ g e use established nor to the effective date of this Agreement and which remains lawful at the tim p the Agreement is executed. 1 Zonin standards contained in the Denton Development Code ~"DDC"}, as g . amended ursuant to The Denton Plan,1999-2020, as amended, ~nclud~ng but i p not limited to 'the (RD~S} Zoning District regulations, and standards 1 incorporated therein i ision and develo ment re lotions contained within the Denton ~2} The subd v p ~ Develo ment Code, as amended, together with applicable Design Criteria p Manuals including construction, drainage, site design, sold waste, trans ortation, tree protection standards, and waterlwastewater}, Denton p Mobility Plan and other approved Master Plans of the City of Denton, Texas, orth Central Texas Council of Governments Standard Specifications and the N for Public works Construction, North Central Texas, 3rd Ed.1998 ~NCTCOG Manual}; 3 Denton buildin codes, as contained within Denton Code Chapters 17, 28 and g 29, and DDC Subchapter 24, adopting: a. International Building Code, 2006 Edition with local amendments; 2 k:ldal civi11634I~O181nan-annexatson ag~eementsl1Q02I7 riney tract agreement.doC 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 Code of ordinances Chapter 17, Denton Property Maintenance g Code, as amended; h, International Energy Conservation Cade, 2006 Edition with regional amendments; i, National Electric Code, 2005 Edition with local amendments. National Electric Safety Code, 2003 Edition, with regional am.end~nents; k. Minimum housing and building standards, Denton Code §§28-383 437 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 Si re lations as contained within Subchapter 15 of the DDC, as amended; ~ ~ ' ble water and wastewater connection, construction and on-site ~5} Appl~ca o eration re uirements, contained within Chapter 26 of the Denton Code of 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 su lemented b the Texas water Code, as amended, Texas Natural pp y Resources Code as amended, Texas Utilities Code, as amended, and a licable administrative standards of the Texas Commission on pp Environmental Quality, as amended; ' rotection Draina e and related standards, as contained ~6} Applicable Flood P g within Cha ter 30 of the Denton Code, as amended, and subchapters 17 . P throu 19 of the DDC, as amended, the Denton Drainage Cr~ter~a Manual, as ented b re uirements of the Texas water Code, as amended, and as supplem y q amended Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, ended and a licable administrative standards of the Federal as am pp Emergency Management Administration, as amended; and i ell lattin drillin and roduction standards, as contained in ~7} Gas ~w p g, g p 35.16.19 and subcha ter 22 of the Denton Development Code, as amended § p and as a licable, and as supplemented by requirements of the Texas Ut~htles pp d Code the Texas Natural Resources Code, the Texas water Code, an a licable administrative standards of the Texas Railroad Commission and pp Texas Commission on Environmental Quality, as amended. 3 k:ldal civi11b3~120181nan-annexation agxeementsll~0~1'~ riney tract agreement.doC Section 4. Develo ment Plan to Remain in Effect. Following termination of this eement for an reason the Develo ment Plan set forth in Section 2 shall remain in effect for Agr y y p , e 'ad of 180 calendar da s thereafter, or until the effective date of the annexation and apr~ y e anent zonin of the Pro ert ,whichever first occurs. The Parties covenant and agree that p rm g p Y , Cit ma den an develo ment a lication or plan of development that ~s submitted to the the y y y y p pp , ' r the Pro ert Burin such eriod if such application or plan ~s Inconszstent with the City fo p y g p Develo ment Plan. The owners expressly waive any vested rights that might otherwise arise P under local or state law orb common law, from the submittal of such inconsistent development Y 'cation. The Owners further a ee that no use commenced or completed on the Property that apple is inconsistent with the development plan shall be considered established or in existence prior to the ex iration of the 180-day period during which the Development Plan is in effect. p Section 5. A eement Deemed Vail in Part' Volunt Annexation. 1f an Owner files an a lication or plan of development for or otherwise ~A~ Y pp ences develo meat of an ortion of the Property inconsistent with the Development Plan comm. p Y p . ' ed in Section 2 sections 1 and 3 of this Agreement shall thereupon become null and void. proved , B Thereafter the Cit may initiate annexation of the Property pursuant to Tex. Loc. Y 'Code subcha ter C~1 or other such other provisions governing voluntary annexation of Govt p ~ , land as ma then exist. Owners expressly and irrevocably consent to annexation of the Property Y such circumstances. Owners further agree that such annexation by the City shall be under ry, ~ deemed volunta and not sub'ect to the requirements and procedures for an annexation plan, as required by Tex, Loc. Gov't Code section 43.052, or successor statute. Section 6. Notice of Sale, Any person who sells or conveys any portion of the Property riot to such sale or conve ante, give 30 days written notice of this Agreement to the shall, p Y , ective urchaser or antee. A co y of the notice shall be forwarded to the City at the prosp p P following address; City of Denton, Texas ATTN: Director of Planning and Development 2Z 1 N. Elm Street Denton, TX 76201. ection 7. Recordin . This A eement is to run with the Property and be recorded in the S real property records, Denton County, Texas. Section 8. Severabilit , lnvalidatian of any provision of this Agreement by judgment or .+..r~...~ ~ r rt order shall not invalidate an of the remaining provisions which shall remain in full force cou Y and effect. ' is A eement ma be enforced b either Owner or the City by Section 9. Remedies. Th gr y Y roceedin at law or in e uit .Failure to do so shall not be deemed a waiver to enforce the any p g q Y , isions of this A eement thereafter. Entry into this Agreement by Owner waives no rights as prov to matters not addressed in this Agreement. 4 k:ldal civill~341241S1r~on-annexation agreements1144217 riney tract agreement.doC Section 1 Q. Chan e in Law, No subsequent change in the law regarding annexation shall e enforceabilit of this A eement or the City's ability to annex the properties covered affect th y herein pursuant to Section 4, Section 11, V__enue, Venue for this Agreement shall be in Denton County, Texas, ' 12, Execution in Multi le Co ier, This Agreement maybe separately executed Scct~~n in individual counte arts 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 ears fram the Effective Date the "Term"~. The Effective Date of the Agreement ~~y , hall be the date the A eement it executed by the City, The Term may be extended upon s mutual agreement of the P artier. Section 14. Survival of Covenants. The covenants in Sections 2, and 4 shall survive ination of this A eement to ether with any other provisions, as maybe necessary for the term ~ g implementation of than sections, The Parties hereto have executed this agreement as of , X410. owners ,i~ • r ~ ~ ~ ► ` J Creecy ~ f THE CITY CF DENTCN, TEAS ~y, City Manag r, Deputy City Manager, or Designated Representative 5 k:ldal civi1163D 12Q 181nonwannexatian agreementsll OD217 riney tract agreement, dOC THE STATE CF TE~A.S } COUNTY OF DALLAS ~ This Instrument was acknowledged befare me on the day of ~ ,,~.~f s 2010, by John w, Creecy. ^y -':"4''"ti 'r-„ - ~ ;~,.~,:s,~~. ' .w ~~~-=tom r'~ ~~t~l~lr,~ ff hh I f p, - . ~ _ ~~~~a: ~'~~~~i~, sta~c i7~ Tees ~ ~a~,(~,~J~ r f,~~' ~ Notary Public, State of Texas t I ~ y 11\ ''III II" THE STATE 4F TEXAS } COUNTY QF DALLAS ~ This In t eft was ac o led d before me on the day of ~ ~ 2010, by 2.L . , , ~ ' ' ~ ~ ~ ~ ~';abliE.., ~~~a#~ of ~e~~ . Notary Public, State of Texas THE STATE OF TEAS } E COUNTY 4F DENTQN ~ Thls inst ent was kn w dged before me on r day of ,20~by qty Manage eputy ity ManagerlDesignated i Representa 've, on behal of the Clty of Denton, Texas. i ~'~4~p'` tar u ~c State of Texas N~t~ry P~bfi~, ~~t~ ~f Tg~es y ? r i ~ M C~mml~~{~n Ir~~ Y p rr''~~; ~~4~ ~~C~~~~r ~~1~ APPROVED AS Ta LEGAL FARM: ANNA BURGES S; CITY A NEY BY:' f..r" rF~ After recording return ta; Jennifer Walters k;Idol_civi11b3012~181nan~annexation agreements1100215 barthold north agreement.doc Clty Secretary 215 E. McKinney Denton, TX7fi2D1 CHAPTER 212 TEX.A.S LOCAL G~'VERNNIENT CEDE NON-ANNE~ATI~N AGREEMENT This A Bement is entered into pursuant to Section 2 ~ 2. ~ 72 Tex. Local Gov't Code by and between the Cit of Denton, Texas the "City"} and HHEC Spinco, LLC ~"Qwners"}, the Y , ro ert owners of the hereinafter described property the "Property"} in Denton County, Texas, P p y sometimes individually or collectively referred to as "Party" or "Parties"; Bein a called 55.81 acre tract of land, situated in the S. L, Johnson Survey, Abstract No. 683, g Denton Count ,Texas, and being that portion lying outside of the city limits, of a 97.50 acre y . tract of land described ~n that certain Special warranty Deed dated August 31, ZOOS from Hasse Hunt Ex loration Com an to HHEC SpinCo, LLC, filed for record on September 5, Zoos and p p y recorded in Xnstrument Number 2oo8y9781 D of the Real Property Records of Denton County, Texas. Said 5 5 , 81 acres, more or less, is commonly known as D C~4.D Property ID 3 7713. SAVE & EXCEPT: That portion lying outside of the city limits, of a called 21.000 acre tract of land, situated in the S, L. Johnson Survey, Abstract No. 683, Denton County, Texas and described in that certain Special warranty Deed dated June 17, 2009 from HHEC S info, LLC to Haraldson L. Hunt, Jr. Trust Estate, filed for record an June 22, p 2009 and recorded in Instrument Number 2009y75411 of the Real Property Records of Denton Count ,Texas. Said 21.004 acre tract of land, apparently has not been assigned Y a DC.~D Property ID. WHEREAS the Cit has given notice of its intent to institute annexation proceedings for y the Property in accordance with Tex. Loc. Gov't Code ch. 43; and WHEREAS Qwners 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 bindin a on the Cit and the Qwners and their respective successors and assigns for the term of gp y the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currentl is a raised for ad valorem tax purposes as land for agricultural or wildlife Y Ap many ement use, or timber land pursuant to Tex, Tax Code chapter Z3.C, D, or E; and g WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and e .Loc. Gov't Code section 43.035 authorizes a property owner and a WHEREAS, T x munici alit to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 far p y ~ , u ores of retaining land ~n the municipality s ETJ in exchange for the property owner's p~ covenant not to develo the property and to authorize the municipality to apply development p regulations not inconsistent with agricultural use; and EXHIBIT 1 ~ k;ldal civi11630120181nan-annexatian agreementsll002I 5 barthold narth agreement.dac 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: 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 hereina~er defined, and any subsequent renewals as maybe agreed upon by the Parties, subject, however, to the provisions of this Agreement. Section Develo meat 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 dwellin s rovided that no sin le-family dwelling maybe located or constructed gip g 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 parcels, each of which is at least five ~5} acres in size, for the J 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 ~ 12.172~b}. Section 3. Governin Re lations. The following City regulations shall apply to any develo meat of the Pro ert as ma be amended from time to time, provided that the p p y~ Y a lication of such re lations does not result in interference with the use of the land for pp ~ agricultural, wildlife management or forestry purposes and does not prevent the continuation of a use established riot to the effective date of this Agreement and which remains lawful at the time p the Agreement is executed: 1 Zonin standards contained in the Denton Develo meat Code "DDC"}, as g p ~ amended pursuant to The Denton Plan,1 X99-2020, 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 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. i 99S ~NCTCOG Manual}; 2 k:ldal civi1163a 120181non-annexatian agreementsll Oa21 S bartho~d north agreemen~.dac ~3) Denton building codes, as contained within Denton Code Chapters 17, ZS 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, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g. Code of Grdinances Chapter 17, Denton Property Maintenance Code, as amended; h. International Energy Conservation Code, 2006 Edition with regional amendments; i, National Electric Code, Zoos Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; Minimum housing and building standards, Denton Code §§Z8~383 437 and § § 17-141- 210, as amended and as applicable; 1. Irrigation Standards, Denton Code §§ZS-441- 457; and m. Moving Buildings, Denton Cade §§28326 - 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 Grdinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6) Applicable Flood Protection, Drainage and related standards, as contained within Chapter 30 of the Denton Code, as amended, and subchapters 17 through 19 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas Well platting, drilling and production standards, as contained in §35.16,19 and subchapter 22 of the Denton Development Code, as amended 3 k;ldal civilld341241$Inan-annexation agreements1144215 barthold earth agreement,dac 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. Develo meet Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days thereafter, or until the effective date of the annexation and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The Owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 1$0-day period during which the Development Plan is in effect, Section 5. A Bement Deemed Void in Part Volunta Annexation. ~A} ~f 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-~, 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 far an annexation plan, as required by Tex. Loc. Gov't Code section 43.052, or successor statute. Section 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 22 ~ 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, Section 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 k;Idol civi11b3012~1Slnon-annexation agreements11~0215 barthald north agreement.dac 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 provisions of this Agreement therea~er. 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 enforceabilit of this Agreement or the City's ability to annex the properties covered y herein pursuant to Section 4. Section 11, V~ enue. 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 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 maybe necessary for the implementation of those sections. The Parties hereto have executed this agreement as of , 2010. own J Don illard, Project onager THE CITY ~F DENTaN, TEAS Bye City Manager, Deputy City Manager, or Designated Representative i 5 k;ldal_civillb3D 12a 1$lnon-annexation agreements1100215 bartho~d north agreement.doc THE STATE QF TEXAS } CQUNTY OF DALLAS } ~ 2 10 b Dan Dillard This Instrument was acknowled ed before me on ~ D g Y as Project Manager, pursuant to that certain writtenConsent dated Jan ary 11, 2410, of HHEC Spinco, a limited liability corporation. f` ,,`~y~llllt~r~ ~ :'`v ~ ~ fir' ~}~~A~~i~~ L ~~LSQN t = ' °f Notar~ Public State of Texas ~4 ;'vi ',~r'`;~,, ~I~ ;.:1'ti• I'ai:4t ~ l.kl€~~~~~9R~~ LJ~~~ I V-~V`L~~ ~ r f L~ ~rlll fYIS' L+. .F~ ~ rhW~H:Mk aP~n~ ~+e4 ~ THE STATE OF TE~.AS } CQUNTY OF DENTON } This inst ent was ac owled d before m ort-t day of ,20 , r by ity Manager eputy City ManagerlDesignated Representati , on behalf o the City of Denton, Texa . I r f ~ti3iiir~; "....,rw..r.,,~~~., ~`,,4~~'~Yp'~~~~•,, ~~~N~~~~-~, ~uA~r~~~ N Pub 1C ale of Texas Notary ~U~fiC, Stag of ~pK~g ~ ; ~ My ~ommissfat~ ~Kplrea ~ ~~C~m~~r 19, ~~10 '~~►rn++~~ ' APPROVED AS TD LEGAL FORM; ANZTA BURGESS; ~C~T~' ATT Y ~ /~r~~~ BY~. ~ ~ i f i ~ ~I 6 UNANIMOUS WRITTEN CONSENT IN LrEU SPECIAL 1lIEET~NC o~ m~ANA~ERS OF HHEC S~INCO, LLC DENTON EXTRATERRITORIAL AGREEMENT p w M .rrrM+rr+~ ~ p •11+~.~~ Dated: , 2010 The undersigned, being all of the Managers of H~EC S~xNCO, LLC, a Delaware limited Liability Company (the "Company"}, hereby declare that when they have signed this consent, ar a counterpart hereof, the below resolutions shall then be consented to, approved af, and adopted to the same extent as if such resolutions were adopted at a special meeting of the Managers, as applicable, duly called and held: WHEREAS, the Company owns the property described in the agreements} attached to this Consent, located in the extraterritorial jurisdiction of the City of Denton, Texas (the "City"}---such property, whether one or more tracts, collectively is called the "Property" in this Consent and such agreements}, whether one ar more, collectively are called the "Agreem.ent" in this Consent; and WHEREAS, the Company desires to enter into the Agreement concerning the status of the Property within the extra~te~rritorial jurisdiction of the City; and 'WHEREAS, Dan Dillard has managed various real estate matters for and on behalf of the Company, including the transactions and matters concerning the Property contemplated in the Agreement and in connection with the discussions and negotiations concerning the Agreement, and the undersigned believe that it is ~n the best interests of the Can~pany that the Company appoint Don Dillard, as well as Ellen Hunt Flowers, as Manager and the Chairman of the board of Managers, with the power and authority to carry out the matters for the Company in connection with the ,Agreement. NO'4~, TI~IEREFORE, ~E IT RESOLVED, that the undersigned, being all of the Managers of the Company, do hereby approve, confirm and ratify the Agreement in the current form attached to this Consent, and the matters concerning the Property in accordance with the terms and provisions of the Agreement; and BE YT FUR.T~IER RESOL'~ED, that Don Dillard be, and hereby is appointed as "Project Manager" of a~ad on behalf of the Company for purposes of the A.green~ent, ar~d in such position and with such title, be, and hereby is, together with Ellen Hunt Flowers, Manager and Chairman of the board of the Company, authorized and directed on behalf of the Company, for ~ and in the name of and on behalf of the Company, to carry out the matters for the Company in connection with the Agreemen#, including, without limitation, to execute any and all documents necessary oz advisable far the Company's carrying out the matters fox the Company in connection with the Agreement, and any and all such modifications and amendments to the e E I A, reement as such Project Manager or ManagerlChairm.an of the Board in his or her sale g discretion shall deem necessary or advisable, rovided, however; and B~ ~T FURTHER R~S~LVED, that Don Dillard, as Project Manager for the Com any, and Ellen Hunt Flowers, Manager and Chairman of the Board, be, and hereby are, p authorzed and directed to do all other th%ngs and acts, to execute and deliver all other instruments, documents, and certificates, and to pay all costs, f ees, and taxes by andlar on behalf of the Com any as provided in the Agreement as he or she may deem necessary or advisable in p ~ order to carry out and corriply with. the purposes and intent of the foregoing resolutions; and that all of the riot and future acts and deeds of said Project Manager andlor Managex/Chairman of p exeb the Board that are consistent with the purposes and intent of such resolut€ons be, and they h y are, in all res ects ratif ed, approved, conf rnaed, and adopted as the acts and deeds of the p undersigned; and URT~i~R ~S4~V~~] that an action taken ursuant to the authority granted BE ~T F y P in this Consent ma be exercised by either one of, and not requiring both, Don Dillard, as Project Y Manager, and Ellen ~iunt Flowers, Manager and Chairman of the Board, provided that any ' s taken b Don Dillard as Project Manager for the Company, shall be done with action y ~ J ~ ~ consultation with Filer Hunt Flowers, Manager and Chairman of the Board ofthe Company, and B~ XT FURTHER RESOLVED, that this consent nay be signed in multiple counterparts. ~~`ig~a~ure .~ag~ Follows ` i i i , I� �'ITI�'�SS ��E�F, th� und�zs�gned, be�n� a�� af t�ie Man�gers of the ��r�pan�, ha�re e�ecuted th�s ��r�sent as o#'th�e date first above �tten. � � E�l�n �-Iur�� Iov�rers Nlana �r an� �hairman � � � � J � �� `r - !s � .►v � �, � � i � ! r . � � � # � ��.... a... . r �. ��ust�ri B. I-�u�t, lll.[anag;er � � � �an.�e� L. �u�.t, �ana�g�r �_ • � . • �� . S �phen �I. Sa.r��s, �a�aager After recording return to: civil 3D12~181non-annexation a eements114U2I5 barthold south. agreement,dac ~ennlfer IlValters k:ldai ld ~ City Secretary 2~.5 E, McKinney Denton, TX 76241 CHAPTER 212 TEXAS LQCAL GOVERNMENT CGDE N(]N~ANNEXATIGN AGREEMENT This A eement is entered into pursuant to Section 212. ~ 72 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Haroldson L, Hunt, Jr, Trust Estate "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 that portion lying outside the city limits, of a 21,D00 acre tract of land, more or less situated in the S. L. Johnson Survey, Abstract Na. 683, Denton County, Texas, and described in that certain Special warranty Deed dated June 17, 2009 from HHEC SpinCo, LLC to Haroldson L. Hunt, Jr. Trust Estate, fled for record on June 22, 2D09 and recorded in Instrument Number 2009-75411 of the Real Property Records of Denton County, Texas. Said portion of the 21.000 acre tract of land, apparently has not been assigned a DCAD Property 1D, WHEREAS, the City has given notice of its intent to institute annexation proceedings for the Property in accordance with Tex. Lac. 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, Gwners and the City acknowledge that this Agreement between them is bindin u on the City and the Gwners and their respective successors and assigns for the term of gp the Agreement; wHER.EAS, the Denton County Appraisal District records show that the Property currentl is a praised for ad valorem tax purposes as land for agricultural or wildlife Y p management use, ar timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and WHEREAS, GwNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc, Gov't Code section 43.035 authorizes a property owner and a ' 'alit to enter into an a eement ursuant to Tex, Loc. Gov't Code section 212,172 for mun~c~p y p ores of retaining land in the municipality's ETJ in exchange for the property owner's p , , covenant not to develop the property and to authorize the mun~cipalxty to apply development regulations not inconsistent with agricultural use; and ' are desirous of enterin into an a eement authorized under Tex, WHEREAS, the Parties g ~ ~ Loc. Gov't Cade section 43 03 5; and WHEREAS this A eement is to be recorded in the Real Property Records of Denton County, Texas; EXHIBIT d 1 k;Idal civi11630120181nan-annexation agreements1100215 barthold sauth agreement.doc NOw, T~iEREFORE, 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 terra of this A Bement, 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 meat Plan, The Owners covenant and agree that use of the Property the term of this A Bement and an extensions agreed to by the Parties shall be limited to for gr Y farm-related and ranch~related uses and customary accessory uses, and single-family detached ' o ided that no sin le~famil dwellin ma be located or constructed farm or ranch dwellings, pr v g Y g Y 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 J u ores set forth in this section without being in violation of this Agreement. Such uses and p~ activities constitute the development plan for the Property ~n sat~sfactlon of Tex. Loc. Gov t Code section 2i2.172~b}, i ection 3. Governin Re lations. The following City regulations shall apply to any S o ert as ma be amended from time to time, provided that the development of the Pr p y, y a lication of such regulations does not result in interference with the use of the land for Pp a 'cultural, wildlife management or forestry purposes and does not prevent the continuation of a use established riot to the effective date of this Agreement and which remains lawful at the time p the Agreement is executed: 'n standards contained in the Denton Develo meat Code ~"DDC"}, as ~ ~ 1 } Za~u g p amended ursuant to The Denton Plan,1999w2020, as amended, including but p k not limited to the ~RD-5} Zoning District regulations, and standards incorporated therein The subdivision and development regulations contained within the Denton amended to ether with a liable Desi Criteria Development Code, as g pp ~ ~ g Manuals includin construction, drainage, site design, solid waste, transportation, tree protection standards, and waterlwastewater}, Denton Mobilit Plan and other a roved Master Plans of the City of Denton, Texas, Y pp e North Central Texas Council of Governments Standard Specifications and th for Public works Construction, North Central Texas, 3rd Ed. 1998 ~NCTCOG Manual}; on buildin codes as contained within Denton Code Chapters 17, 28 and ~3} Dent g , 29, and DDC Subchapter 24, adopting: I a. international Building Code, 2006 Editian with local amendments; b. International Residential Code, 2006 Edition with Appendix G and local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 k:ldal civ~11b30120181nan-annexation agreements1100215 barthald south agreement,doc d, International Plumbing Code, 2006 Edition with local amendments; e, International Fuel Gas Code, 2006 Edition with local amendments; f. International Mechanical Code, 2006 Edition with local amendments g, Code of Ordinances Chapter 17, Denton Property Maintenance Code, as amended; h, international Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments, j. National Electric Safety Code, 2003 Edition, with regional amendments; k, Minimum housing and building standards, Denton Code § §28-3 83 - 43 7 and § § 17- 141 2I 0, as amended and as applicable; 1, Irrigation Standards, Denton Code §§2S~44I - 457; and m. Moving Buildings, Denton Code §§25326 - 375; ~4} Sign regulations, as contained within Subchapter 15 of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on~site operation requirements, contained within Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton water and wastewater Criteria Manual, as amended, and as supplemented by the Texas water Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code, as amended, and applicable administrative standards of the Texas Commission on Environmental Quality, as amended; ~6} Applicable Flood Protection, Drainage and related standards, as contained within Chapter 3 0 of the Denton Code, as amended, and subchapters 17 through I9 of the DDC, as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented by requirements of the Texas water Code, as amended, Texas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as contained in §35.16.1 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the ~ Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended, Section 4. Develo ment Plan to Remain in Effect, Following termination of this A Bement for any reason, the Development Plan set forth in Sectian 2 shall remain in effect for , a eriod of 1 SO calendar days thereafter, or until the effective date of the annexation and p 3 k:ldal civi1163~120181non-annexation ag~reements1100215 barthold south agreement.doc ennanent zonin of the Pro erty, whichever first occurs. The Parties covenant and agree that p g p the Cit ma den an develo meat application or plan of development that is submitted to the Y Y Y Y p Cit for the Pro ert during such period if such application or plan is inconsistent with the y P Y Develo ment Plan. The Owners expressly waive any vested rights that might otherwise arise p under local or state Iaw, or by common law, from the submittal of such inconsistent development a lication. The Dwners further agree that no use commenced or completed on the Property that pp is inconsistent with the development plan shall be considered established or in existence prior to the ex iration of the i 80~day period during which the Develapment Plan is in effect. ~ p t Section 5. A eement Deemed Void in Part Volunta Annexation. A zf an Owner files any application or plan of development for or otherwise ~ . . commences develo meet of any portion of the Property inconsistent with the Development Plan p . rovided in Section 2 sections 1 and 3 of this Agreement shall thereupon become null and void. p r B Thereafter the Cit ma initiate annexation of the Property pursuant to Tex. Loc, Y Y Gov't Code subcha ter Cy1, or other such other provisions governing voluntary annexation of P ~ land as ma then exist. Owners expressly and irrevocably consent to annexation of the Property Y under such circumstances, Owners further agree that such annexation by the City shall be of sub' ect to there uirements and rocedures for an annexation plan, as deemed voluntary, and n ~ q p f re aired b Tex. Loc. Gov't Code section 43,052, or successor statute. q Y Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property all rior to such sale or conve ante, give 3 0 days written notice of this Agreement to the sh , p Y ros ective urchaser or antee. A copy of the notice shall be forwarded to the City at the p p p following address; City of Denton, Texas ATTN. Director of Planning and Development r 221 N. Elm Street r Denton T~ 7620 i ~ Section 7. Recordin .This Agreement is to run with the Property and be recorded in the real ro ert records Denton County, Texas. t p p Y i Section 8. Seyerabilit~r, Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. ' This A eement ma be enforced b either Owner or the City by Section 9. Remedies, gr y Y an roceedin at law or in e uit .Failure to do so shall not be deemed a waiver to enforce the Yp g q Y rovisions of this A eement thereafter. Entry into this Agreement by Owner waives no rights as ; p ~ to matters not addressed in this Agreement. 4 k:ldal civi11b30~20I81non-annexation agreements11~0215 barthald south agreement.doe Section 1D. Ch„~e in Law. No subsequent change in the law regarding annexation shall affect the enforceabilit of this A Bement ar the City's ability to annex the properties covered Y herein pursuant to Section 4. Section 11, Venue. Venue for this Agreement shall be in Denton County, Texas. Section 12, execution in Multiple Copes. This Agreement maybe separately executed in individual counte arts and u on execution, shall constitute one and same instrument. rp ~ p Section 13, Term and Extension. The initial term of this Agreement shall be for a period of five ~5} years from the Effective Date the "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 maybe necessary for the implementation of those sections. The Parties hereto have executed this agreement as of ~ , 20~~. owners a ~ ~f~s ~ . Creecy r „ r TAE CITY CF DENTIN, TE~A.S r By: City Manage ,Deputy City Manager, or Designated Representative 5 k:ldal civil163~12alSlnan-annexatian agreementsllOQ215 harthaldsouth agreement,dac THE STATE OF TEXAS } COUNTY ~F DALLAS } da of ~ trument was acknowled ed before me on the ~ y } This gas g 201 o by John ~V. Creecy. ,.tom-;^;»~:~+t,.~i~ ti ""`\~i t w }.,w ` r!i `i 111111+11' ~ 3 ~ _ ~~;iS:t~, ~'ut71iC, 5f~~1~ of ~e~r~5 ~ G~~t~~«~a~>~ac~ ~a;~, ~o-~~-~o~~ Notary Public, State of Texas 4ti~ ~.i1~1 ,i THE STATE OF TEXAS } CUUNTY OF DALLAS } This 1 t. e~.t was ac owled ed before me on the ~ day of , 2010 by . i ' y ~ ,iii;(' f ti~~c` ti °f Notary Public, State of Texas ~ ~~28-2~ 1 ~ . , _ r~:• THE STATE OF TEXAS } i CUUNTY 4F DENTUN } GC.~ 20 b This rest nt was ac ~ owledged before day of ~ y ,City Manag (Deputy City ManagerlDesignated Re~ resenta e, on behalf o the City of Denton, Texas, P i ,~`,44,~~,~Y~G~l~rr ~ f ~'exas o ry Pu C, State of Texas ~F ,~w~ My ~~r~r~i~~~~h ~~cp1r~~ ~r`'~'~~br~~i`~ ~~G`e~~~t 1~1~ ~~i~~ f~~rr~~ti~~~~ f APPR4~'ED AS 4~ ANZTA BV~R ES S, CITY ATT4 NEY 3 _ w.. BY~ 6 After recording return to: Jenni~erWalters City Secrets ry 215 E. McKinney Denton, TX 76241 CHAPTER 212 TEXAS LUCAL G(]VERNMENT C(]DE NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212.172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Johnny and Lisa Sue McQuinn ~"Owners"~, the property owners of the hereina~er described property the "Property"} in Denton County, Texas, sometimes individually or collectively referred to as "Party" or "Parties": Being Lot 13, Block 1, Gamer Estates, an Addition to Denton County, Texas, according to the map or plat thereof recorded in Cabinet M, Page 78 of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain General Warranty Deed with vendor's Lien dated Qctober 29, 2007 from Steven D, Bradley and l~aren M. Bradley to Johnny McQuinn, I1I and Lisa Sue N1cQuinn, husband and wife, filed for record on October 31, 20D7 and recorded in Instrument Number 2007128405 of the Real Property Records of Denton County, Texas. Said Lut 13, Black 1, Gamer Estates, is commonly known as DC~4D Property ID 185231, 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 t~.s Agreement; WHEREAS, Owners and the City acl~nowledge 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 far 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, UWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc, Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex, Loc. Gov't Code section 212.172 for purposes of retaining .land in the municipality's ETJ in exchange for the property owner's covenant not to develop the property and to authorize the municipality to apply development regulations not inconsistent with agricultural use; and WHEREAS, the Parties are desirous of enterin into an a eement authorized under Tex. ~ g ~ Loc. Gov't Code section 43,035; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; EXHIBIT 1 z ~ ~ n m NUw, TI~EREFCRE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Continuation of ETJ Status. The Ci grantees the con in I~ ty gu t uat~an 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 tlus Agreement, i Section 2. Development,,Plan, The Gwners covenant and agree that use of the Property for the term of this Agreement and any extensions agreed to by the Parties shall be limited to farm-related and ranch-related uses and customary accessory uses, and single-family detached farm or ranch dwellings, provided that no single-family dwelling maybe located or constructed ~ on a lot smaller than five ~5} acres, The property owner may apply to the City for division of tl~e 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}. i k 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 1•esult 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 tlus Agreement and which remains lawful at the time floe Agreement is executed; ~1} Zoning standards contained in the Denton Development Code ~"DDC"}, a~ 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 develo ment re ulations contained within the Denton ~ p g Development Code, as amended, together with a licable Desi Criteria pp ~ ~ 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 ~worl~s Construction, North Central Texas, 3rd Ed,1998 ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and DDC Subchapter 24, adopting: a, International Building Code, 2006 Edition with local amendments,;, b. International Residential Code, 2006 Edition with Appendix G acid local amendments; c. The International Fire Code, 20x6 Edition with local amendments; 2 d, International Plumbing Code, 2006 Edition with local amendments; e. International Fuel Gas Code, 2006 Edition with local amendments; f, International Mechanical Code, 2006 Edition with local amendments g, Code of Ordinances Chapter 17, Denton Property Maintenance Cade, as amended; h, International Energy Conservation Code, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments, j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28-3 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 I S of the DDC, as amended; ~5} Applicable water and wastewater connection, construction and on-sits operation requirements, contained witl~.n Chapter 26 of the Denton Code of Ordinances, as amended, and Subchapters 16 and 21 of the DDC, as amende~~, the Denton Water and wastewater Criteria Manual, as amended, and a~ supplemented by the Texas water Code, as amended, Texas Naturat 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 ~ I', ~7} Gas Well platting, drilling and production standards, as contained ~n § 3 5 . I 19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas tTtilitiFs Code, the Texas Natural Resources Code, the Texas Water Code, and applicable administrative standards of the Texas Railroad Commission and Texas Commission on Environmental Quality, as amended, Section 4. Develo ment Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 1 SO calendar days thereafter, or until the effective date of the annexation and 3 permanent zorurag of the Property, whichever frrst 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 184-day period during which the Development Plan is in effect. Section 5, A eernent Deemed Void in Part Volunta Annexation, ~A~ Zf an Owner files any application or plan of development for or otherwise commences development of any portion of the Proper~:y 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 ilutiate annexation of the Property pursuant to Tex, Loc. Gov't Code subchapter C-~, 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, Gwners further agree that such annexation by the City shall be deemed voluntary, and not subject to the requirements and procedures for an annexation plan, as required by Tex, Loc. Gov't Code section 43.052, or successor statute. Section Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the following address. i City of Denton, Texas ATTN: Director of Planning and Develo meat P 221 N. Elm Street Denton Tx 76201 ~ Section recording. This Agreement is to run with the Property and be recorded in fil~~~ real property records, Denton Caunty, Texas. Section 8. Seyerability. Invalidation of any provision of this Agreement by judgment or court order shall not invalidate any of the remaining provisions which shall remain in full force and effect. k~ Section 9. P.emedies, This Agreement ma be enforced b either Owner or the Cit b I~~ Y Y YY ~ any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the1 provisions of this Agreement therea~er. Entry into this Agreement by Owner waives no rights as to matters not addressed in this Agreement. 4 ect~on 10. Change,,,,~~a,, 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 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 Agreeme~~~t slaall be the date the Agreement is executed by the City, The Term may be extended upc~~l 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 maybe necessary for the implementation of those sections, The Parties hereto have executed this a Bement as of ~ ~ ~ 2010, b~' Owne ~ J c L's Se c THE CITY CF DENTON, TExAS ~y: City Manag r, Deputy City onager, or Designated Representative THE STATE OF TExAS ~ COUNTY OF DENTON } ~ This instrument was aclrnowledged before me on the day of ZQ t 4, by Johnny McQuxnn. ~~Y~~s ~a~t~e.~. ,fie S~~~£ Notary P hc, State of Texas ~~o~~~ ~ Catnrnissivn ~ ire ~ ~ 5 ~~-or zo~z THE STATE OF TEXAS } COUNTY OF DENTQN } This instrument was acl~nawledged before me on the day of , ZOtO, by Lisa Sue McQuinn. ~~~Y ~U~ ~ ~~d~ ~q ~ ~ Crnnmian ices Notary ublic, State of Texas ~o~ y ~ THE STATE OF TEXAS } 1 COUNTY OF DENTON } ~ This in naent was acknowledged before m, day of ,ZO~, by qty Man gerlDeputy ity ManagerlDesignated Represent 've, on beha f of the City of Denton, Texas. ,~`~4111111~~~ ~ - ,~,~~~Y~~B~,~, JNI~l~~~ K, Wa~T~~s tar Public tote of Texas b~+ ~~lr ~ N6t~~ ~u~ifc, ~t~t~ of ~`ex~~ i My ~~111m1~~i~r~ ~~plr~~ ~ t APPROVED AS TO LEGA~wFQr~M~ _ E ANNA BURGESS;~~CITY ATTORNEY i ; ~,.<<- ? / i / fYt _ I r i k r~ i After recording return to: Jennifer Walters City Secretary ~ 15 E. McKinney Denton, T~ 76201 CHAPTER Z12 TEXAS LOCAL GOVERNMENT CGDE NON-ANNEXATION AGREEMENT This Agreement is entered into pursuant to Section 212,172 Tex. Local Gov't Code by and between the City of Denton, Texas the "City"} and Dale and Kimberly wolf ~"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 Lot 16, Block 1, Gamer Estates, an Addition to Denton County, Texas, according _ to the map or plat thereof recorded Cabinet M, Page 7S of the Plat Records of Denton County, Texas, and being all that certain lot, tract or parcel of land described in that certain warranty Deed with Vendor's Lien dated to be effective September 2, 2005 from John D, Hesse and wife, Geri Hesse to Dale wolf and wife, Kimberly wolf, f~1ed for record on September 13, 2005 and recorded in Instrument Number 2005~1I4453 of the Real Property Records of Denton County, Texas. Said Lot 16, Block 1, Gamer Estate; , is commonly known as DC.AD P~o~er~ I~ 185234. 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 acl~nowledge that this Agreement between them is binding upon the City and the owners and their respective successors and assigns for the term of the Agreement; WHEREAS, the Denton County Appraisal District records show that the Property currently is appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or timber land pursuant to Tex. Tax Code chapter 23,C, D, or E; and WHEREAS, OWNERS represent that it is their intention not to develop the Property during the term of this Agreement; and WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a municipality to enter into an agreement pursuant to Tex. Loc. Cron't Code section 212.I7Z 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 . I''I WHEREAS, the Partres are desirous of ente~ng into an agreement authorized under Tex. Loc. Gov't Code section 43.03 5; and WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton County, Texas; EXHIBIT p 1 ~ . E m NOw, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows; Section 1. Continuation of ETJ Status. The City guarantees the continuation of the extraterritorial status of the Property and agrees not to annex the Property for the term of this Agreement, as hereina~er 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 Ag~`eernent and any extensions agreed to by the Parties sha11 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 constn~ct~;d on a lot smaller than f ve ~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 i Code section 212.1'12~b}. Section 3, Lions. The following City regulations shall apply to any Governing Regina ~ 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} honing standards contained in the Denton Development Code ~"DDC"}, as amended pursuant to The Denton Plan,1999-2020, as amended, ~nclud~ng but j not limited to the ~RD-5~ Zoning District regulations, and standards incorporated therein E ~2} The subdivision and development regulations contained within the Denton Development Code, as amended, together with applicable Design Criteria Manuals includin construction drama e site desi solid waste ~ g ~ g i gnu 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.1g9S ~NCTCOG Manual}; ~3} Denton building codes, as contained within Denton Code Chapters 17, 2S and 29, and DDC Subchapter 24, adopting; a, I~rternational Building Code, 2006 Edition with local amendments` b. I~lternational Residential Code, 2006 Edition with Appendix G and. local amendments; c. The International Fire Code, 2006 Edition with local amendments; 2 d, lnternational Plumbing Code, 2006 Edition with local amendments; e, International Fuel Gas Code, 2006 Edition with local amendments; f. international Mechanical Code, 2006 Edition with local amendments g. Code of Ordinances Chapter 17, Denton Properly Maintenance Code, as amended; h, International Energy Conservation Cade, 2006 Edition with regional amendments; i. National Electric Code, 2005 Edition with local amendments. j. National Electric Safety Code, 2003 Edition, with regional amendments; k. Minimum housing and building standards, Denton Code § §28-3 83 - 43 7 and § § 17-141-~ Z 10, as amended and as applicable; 1. irrigation Standards, Denton Code § §28-441-~ 457; and m. Having 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 UVastewater Criteria Manual, as amended, and a,s 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} Applxcable 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 Cade, as amended, 'T`exas Natural Resources Code, as amended, applicable administrative standards of the Texas Commission on Environmental Quality, as amended, and applicable administrative standards of the Federal Emergency Management Administration, as amended; and ~7} Gas well platting, drilling and production standards, as~ contained in §35.16.19 and subchapter 22 of the Denton Development Code, as amended and as applicable, and as supplemented by requirements of the Texas Utilities Code, the Texas Natural Resources Code, the Texas water Cade, and applicable administrative standards of the Texas Railroad Commission and Texas Con~nission on Environmental Quality, as amended. Section 4, Develo meat Plan to Remain in Effect. Following termination of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in effect for a period of 180 calendar days therea~er, or until the effective date of the annexation and 3 permanent zoning of the Property, whichever first occurs. The Parties covenant and agree that the City may deny any development application or plan of development that is submitted to the City for the Property during such period if such application or plan is inconsistent with the Development Plan. The owners expressly waive any vested rights that might otherwise arise under local or state law, or by common law, from. the submittal of such inconsistent development application. The Owners further agree that no use commenced or completed on the Property that is inconsistent with the development plan shall be considered established or in existence prior to the expiration of the 1 SO-day period during which the Development Plan is in effect. i Section 5. A Bement Deemed void in Part' volunt Annexation, ~ ~.A~ if an owner files any application or plan of development for or otherwise commences development of any portion of the Property inconsistent with the Development Plan provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void ~B~ Thereafter the City may ixutiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-1, or other such other provisions governing voluntary an~aexation ~~.f land as may then exist. Owners expressly and irrevocably consent to annexation of the Property j 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 43.052, or successor statute. Section Notice of Sale. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give 34 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; k City of Denton, Texas ` ATTN. Director of Planning and Develo ment p 221 N. Elm Street De ~ ~ nton, Tx 76201 r Section 7. Recordrn . This Agreement ~s to run with the Property and be recorded in tl~.e real property records, Denton County, Texas. Section 8. Seyerability. Invalidation of any provision of this Agreement by judgment or cou~~t order shall not invalidate any of the remaining provisions which shall remain in full force and effect. Section 9. Remedies, This Agreement maybe enforced by either Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of tlus Agreement thereafter. Entry into this Agreement by Cwner waives no rights as to matters not addressed in this Agreement. 4 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 Multiple Copies, This Agreement maybe separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 13. Term and Extension. The initial term of this Agreement shall be for a period of eve ~5~ years from the Effective Date the "Term"~, The Effective Date of the Agreeme~~:t shall be the date the Agreement i.s executed by the City. The Tenn may be extended upc~~~ . mutual agreement of the Parties, Section 14. Survival of Covenants, The covenants in Sections Z, and 4 sha11 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 ~ X010. Owners A Dale wolf . ~ Kimberly wolf THE CITY OF DENTON, TEAS By; City Manage ,Deputy City onager, or Designated Representative THE STATE OF TEAS ~ COUNTY OF DENTON } This instrument was acknowledged before me on the day of E 201x, by Dale wolf ~,,,,ti~~~,,,,,, S ~tat~ of ~'~xa~ 4i~®~~~Y r~~~~r~r ~L~~~~ P~~1V~i ~ %~f , ~ul~ ~ Notar~lic, State of Texas 5 TOTE STATE 4F TEXAS } COUNTY CF DENTQN } I I This instrument was acknowledged before me on the day of 2010, by Kimberly wolf, I `,~~~1~~~I~+~d'4,, JaN M~ WNE~~E~ Notary ~'u~lic, State of Texas ti " My Commission ~`xpires ~ ~ M,~ ~ ~;~~~F~t;.`' ~~iy 2011 No ~ry . bloc, State of Texas I THE STATE ~F TEXAS } E I COUNTY QF DENT4N } 4 ~s tnstrume was ackn .ledge before m e day o ~ ,20 by ity Manager eputy City ManagerlDesignated a 4 Representative, behalf of th City of Denton, Texas, ~~~~~~YP~~~i~ ~~~a~~~~~ w~a~t~~s No a y Pub~l , fate of Texas ~ Ord r ±~a`' Notary ~~~li~, state ofi'~exas ` M ~~~r~i~~i~~ 1i~s ~ . r k APPR~VED AS~ ~+0~ LEGAL FORM: ANNA BURGESS CITY ATT~RNE ~ .~"rr .r fw f r i I